To start an LLC in Florida yourself, you need to choose a name for your LLC, prepare and file articles of organization, create an operating agreement, obtain an EIN, and get a business license. Then you can establish a bank account and take the next steps.
Florida LLC rules also require that LLCs have an operating agreement, which outlines the LLC's management structure, ownership interests, and other important details. Although an operating agreement is not required by law, it is highly recommended to avoid disputes among members and managers.
Does a Multi-Member LLC need an Operating Agreement? It's best to have an Operating Agreement, especially for an LLC with multiple members (a Multi-Member LLC). This document will spell out ownership percentages, profit distribution, operating procedures / company operations, and management responsibilities.
You are not required to have one, but it's a wise move to draft a legally sound Operating Agreement for your Florida LLC. It can seem an annoying afterthought, but an Operating Agreement can actually reinforce your limited liability protections and help you settle future internal quarrels in your company.
The 5 states requiring an operating agreement are California, Delaware, Maine, Missouri, and New York.
Setting up a Multi-Member LLC: Step-by-step Choose your LLC Name. Choose your LLC Registered Agent. File your LLC Articles of Organization. Create an LLC Operating Agreement. Get an EIN for an LLC. Register for Business Licenses and Permits. Register for and file LLC Taxes (like sales tax, business tax, etc.)
And while most states do not require LLCs to have a written operating agreement, having the agreement in writing can reduce uncertainties and is generally recommended.
Instead, you should consult a team of seasoned contract lawyers—like the team at Gordon Law—who'll help you create a well-drafted, clear, compliant, and legally binding operating agreement for your LLC.
How to create an LLC operating agreement in 9 steps Decide between a template or an attorney. Include your business information. List your LLC's members. Choose a management structure. Outline ownership transfers and dissolution. Determine tax structure. Gather LLC members to sign the agreement. Distribute copies.