What you need to know before starting a business in Florida
Before you start or open a business in Florida you should know that any person or existing business can make and own a business in Florida.
Florida does not have residency restrictions on the owners but the business must have a registered agent physically located in the state to receive service of process.
Florida does not have residency restrictions on the owners but the business must have a registered agent physically located in the state to receive service of process.
What is a registered agent and what do they do
A registered agent is an agent for service of process on the business. They accept lawsuits and other legal documents for the business. This can be a person or a business. There are various companies that will provide this service for a fee, but any such company hired should have clear methods by which they will quickly notify the business when such documents are served.
Using technology, it should be easy for them to scan and e-mail documents. But I have had cases where the registered agent received garnishment writs and did not notify the company for several days during which time the company paid out money for which it was liable because of the writ. In that case, the registered agent had to reimburse the company because it failed to perform its job. Therefore, it is prudent to inquire about the notification methods of the registered agent business before retaining them for your business.
Using technology, it should be easy for them to scan and e-mail documents. But I have had cases where the registered agent received garnishment writs and did not notify the company for several days during which time the company paid out money for which it was liable because of the writ. In that case, the registered agent had to reimburse the company because it failed to perform its job. Therefore, it is prudent to inquire about the notification methods of the registered agent business before retaining them for your business.
Do I need a business license in Florida
Starting a business in Florida can be as much procedural as substantive. The actual process of incorporating an Inc. or organizing an LLC is all online on Sunbiz. Occupation licenses are easily registered with the county and city where the business will operate and usually just entails filling out forms even online. Likewise, finding office space or a storefront is a matter of budget and preference.
However, substantive actions are where the business benefits from an experienced business attorney. Understanding and negotiating the terms of a commercial lease, for example. Also, drafting agreements between the owners like operating, partnership, or shareholder agreements is where the business benefits from having a solid corporate lawyer.
However, substantive actions are where the business benefits from an experienced business attorney. Understanding and negotiating the terms of a commercial lease, for example. Also, drafting agreements between the owners like operating, partnership, or shareholder agreements is where the business benefits from having a solid corporate lawyer.
Can I use contracts online from the internet
While there are documents for the formation of businesses available online, those are liken an off-the-rack untailored suit. In contrast, legal documents for your business prepared by a corporate lawyer are custom tailored and have a more perfect fit.
The do-it-yourself documents may be cheap but they cannot address the particular circumstances of a transaction. Downloading documents also deprives the business of the advice, counsel, and explanation that experienced attorneys provide.
As an aside starting up a new business in Florida is uniquely different from buying into an existing business or investing in an ongoing Florida business. What you need to know in those situations are in the articles at those links.
The do-it-yourself documents may be cheap but they cannot address the particular circumstances of a transaction. Downloading documents also deprives the business of the advice, counsel, and explanation that experienced attorneys provide.
As an aside starting up a new business in Florida is uniquely different from buying into an existing business or investing in an ongoing Florida business. What you need to know in those situations are in the articles at those links.
Written by expert business lawyer David Steinfeld
David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for over 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.
