S Corporation With Llc Subsidiary In Florida
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
While both the Florida LLC and Florida S-Corporation protect the owners' individual assets from business liabilities, only the LLC shields business ownership from creditors of the shareholders. An S-Corp offers similar liability protection but requires specific ownership and tax structure considerations.
The name can't be the same as, or even just too similar to, the name of an existing LLC that's on file with the Florida Division of Corporations. Expect that, when you file your LLC articles of organization with the Division of Corporations, they'll check to ensure that your proposed name isn't already used.
Business names that aren't registered trademarks are still protected by common law. Under common law, identical names generally don't cause issues if the two businesses in question aren't business competitors. But if you're providing a similar product or service, using the same name creates unfair competition.
As a minimum, keep these points in mind as you select a company name: The name cannot be the same as another corporation or LLC on file with the State of Florida. The name should not be confusingly similar to that of an existing corporation or LLC, i.e., the name should be distinguishable.
The name must be distinguishable on the records of the Department of State. You should do a preliminary search by name before submitting your document. The name must include: Limited Liability Company, LLC or L.L.C.; OR.
If previously registered, you must provide a copy of the IRS Notice of Acceptance as an S corporation or provide a copy of the first page of the federal form 1120-S. You can submit your status change request online.
Formation and Membership: The Act allows for the formation of an LLC by one or more members. Members can be individuals, corporations, other LLCs, trusts, estates, or any other legal or commercial entity. There is no requirement for members to reside in Florida or be U.S. citizens.
You can switch your limited liability company's (LLC) tax status to an S corporation, provided it meets the Internal Revenue Service's (IRS) requirements. You don't have to change your business structure, but you'll need to file a form with the IRS.
