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Creating an LLC in Florida: Why Having a Lawyer Can Make a Difference

Updated: Jul 28, 2023

When starting a business, forming a Limited Liability Company (LLC) can provide significant advantages, such as personal liability protection and flexibility in management and taxation. In Florida, creating an LLC involves several legal steps, and seeking the guidance of a lawyer at Beckwith Legal can help streamline the process and ensure compliance with state regulations. In this blog post, we will explore the process of creating an LLC in Florida and highlight the benefits of having a lawyer assist you.

Understanding the Process: Forming an LLC in Florida requires adherence to specific legal requirements. These steps typically include:

a. Choosing a Name: Selecting a unique and distinguishable name for your LLC is the first step. A lawyer can help conduct a comprehensive name search to ensure that your chosen name is available and complies with Florida's naming requirements.

b. Preparing and Filing Articles of Organization: The next step is preparing and filing the Articles of Organization with the Florida Division of Corporations. These documents outline essential information about your LLC, such as its name, principal place of business, registered agent, and management structure. A lawyer can ensure that the Articles of Organization are properly prepared and submitted in compliance with Florida law.

c. Drafting an Operating Agreement: While an operating agreement is not a legal requirement in Florida, it is highly recommended for LLCs. This document outlines the ownership structure, management responsibilities, and operating procedures of the LLC. A lawyer can assist in drafting a customized operating agreement tailored to your specific business needs and goals.

But why have a lawyer?

  1. Service: Here at Beckwith Legal we will prepare and file the Articles of Organization with the Department of State. Additionally, we will obtain from the IRS an Employer Identification Number (EIN) for your new entity.

  2. Legal Expertise and Compliance: Having a lawyer involved in the formation of your LLC provides valuable legal expertise and ensures compliance with state regulations. They can help you navigate the complexities of forming an LLC in Florida and ensure that all necessary legal requirements are met. By working with a lawyer at Beckwith Legal, you can have peace of mind knowing that your LLC is set up correctly and in full compliance with the law.

  3. Personal Liability Protection: One of the primary benefits of forming an LLC is personal liability protection. An LLC separates your personal assets from the liabilities and debts of the business. However, maintaining this protection requires strict adherence to legal formalities. We can guide you in properly structuring and operating your LLC, minimizing the risk of personal liability and preserving the legal protection an LLC offers.

  4. Tailored Advice for Your Business: Every business is unique, and working with a lawyer at Beckwith Legal ensures that you receive personalized advice tailored to your specific needs. We can assist in identifying potential legal issues, address any concerns you may have, and provide guidance on matters such as tax planning, intellectual property protection, contract drafting, and compliance with regulatory requirements. Having Beckwith Legal by your side from the inception of your LLC can set a strong foundation for your business and help you make informed decisions.

  5. Future Legal Support: Beyond the initial formation, having a lawyer at Beckwith Legal involved in creating your LLC establishes a valuable long-term relationship. As your business grows and faces new challenges, a lawyer can provide ongoing legal support, including contract reviews, employment matters, dispute resolution, and business succession planning. We will become a trusted advisor who understands the intricacies of your business and can guide you through legal complexities as they arise.

Creating an LLC in Florida is an important step in establishing and protecting your business. While it is possible to form an LLC without legal assistance, having a Beckwith Legal by your side offers numerous benefits. We provide expertise in navigating the legal requirements, ensuring compliance, and protecting your personal liability. Moreover, we can offer tailored advice, assist in drafting essential documents, and provide ongoing legal support as your business evolves. By involving Beckwith Legal in the process, you can set a solid foundation for your LLC and focus on growing your business with confidence. If you are considering creating an LLC, you'd 'Better Call Beck!'


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