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A corporation is a business that gives employees and owners limited liability in the company's financial affairs (up to their own financial investment).  On the other hand, a limited liability company (LLC) is a flexible form of enterprise that blends elements of a partnership with those of a corporation.  The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass through income taxation. It is often more flexible than a corporation, and it is well suited for companies with a single owner.

The first step to incorporating your business is choosing if you want to have an LLC or a corporation.  The formation of a company is an important decision so having assistance from an experienced attorney is often helpful in doing it right the first time.

Once you have chosen what type of business entity you will establish, you then file the Articles of Incorporation with the Florida Department of State to legally create the entity. You will need a company name, principal address (which must be a physical Florida address) and a mailing address for the company which can be a PO Box if you would like. You will also need the names and addresses of all the owners in the company as the state requires this information. An email address is also necessary to file with the state.

After this point, the incorporator obtains an EIN or Federal Employer Identification Number from the IRS. This is a unique tax ID for your new legal entity and needs to be used with any transactions for the company. It is also crucial to acquire a business license or occupational license with the county. A business license/occupational license or business tax receipt is required by most counties in Florida to have the legal ability to do have a business in that county. Finally, a bank account must be establish since all monies coming in and going must travel though the company bank account.  Once you have all these steps in place, then you are ready to begin your business and are legal in the state of Florida.

Although Florida does not require that a lawyer be involved with the incorporation process, at RICE & ROSE we analyze your specific business situation, and advise you on your choices between the various business forms, or advise that you don't do anything at all. Unlike the online document preparation services, you will receive legal advice from a real Florida incorporation lawyer, not a machine.  Our lawyers will discuss your business structure, goals and challenges, as well as perform the necessary filing procedures.  Our experience and client dedication allows us to help you avoid common incorporation mistakes including: choosing the wrong entity, having insufficient capital, or not treating your corporation as a separate entity.

Contact us so that we can begin the process of incorporating your business today.

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