Thinking about forming a Florida LLC? 

A Florida Limited Liability Company (Florida LLC) is a business entity that is relatively straightforward to establish. It offers limited liability protection, simple and flexible management, certain tax optionality, and broad freedom in how it’s structured. It is often the first step for Czech or other foreign entrepreneurs looking to enter the U.S. market.

You can use a Florida LLC to run a business, hold real estate, invest, access U.S. financial services, or even just to protect your personal assets. Using an LLC, you can generally operate your business remotely. You don’t need to live in the U.S., neither you need a visa to form an LLC. However, it is important to note that having an LLC does not grant work authorization or immigration status.  

Another advantage of US LLCs is the absence of (statutory) corporate formalities. There’s no required registered capital. No formal general meetings. No statutory duty to notarize LLC’s decisions. Everything depends on your Operating Agreement, which doesn’t even have to be in writing (though, I would strongly recommend it).

What is a Registered Agent and why do you need one? 

If you’re from the Czech Republic, the concept of a Registered Agent may be unfamiliar to you. However, its main function is somewhat similar to the concept of a company’s registered office in combination with professional virtual seat services.

A Registered Agent is a person or company physically located in a state, who is authorized to receive legal documents on behalf of an LLC. That includes lawsuits, subpoenas, and official government notices. It’s not optional. Without a Registered Agent, your LLC cannot be formed or maintained. If you choose to form a Florida LLC, you must have a Florida Registered Agent. Should you choose Texas to form your LLC, you must have a Texas Registered Agent etc.

Can I serve as my own Registered Agent?

While technically, a member or officer of the LLC can serve as the Registered Agent, this is rarely practical for foreign founders. The Registered Agent must have a physical address in Florida and be available during business hours. That’s why most non-U.S. residents, such as Czech founders, use professional Registered Agent services. These businesses specialize in receiving legal documents and forwarding them to you. It is important to add that those services are paid. While those start relatively cheap, with additional services the monthly payments can add up.

How do you form a Florida LLC and what does it cost? 

To form your LLC, you have to file Articles of Organization with the Florida Department of State. The Articles of Organization must include:

1. A unique non-misleading name that includes “Limited Liability Company,” “L.L.C.,” or “LLC”. Further, I would recommend avoiding symbols and punctuation (such as: “+”, “@”, “.” “\” “/” “’”) in the LLC’s name, as those may cause problems later, especially in communication with IRS.

2. Your principal office address.

3. Your Registered Agent and their Florida address. The Registered Agent must sign a statement accepting their role in your LLC.

The Fees and Time:

• Filing fee: $125 (Articles of Organization $100, Registered Agent designation $25)

• Annual report fee: $138.75 (due every year to keep your LLC active) 

• I recommend requesting a Certificate of Status and Certified Copy of your filing. As those may help you when applying for a U.S. bank account or EIN.

• Certified Copy: $30

• Certificate of Status: $5

• Processing time: About 5 business days.

What happens after you form the LLC?

Forming your LLC is only the first step, which usually subjects your LLC to certain statutory duties. Additionally, without further actions your LLC may not be able to serve your desired purpose. So, what are some of the next steps you should consider?

Do I need to file Beneficial Owner Information?

You may need to file a Beneficial Ownership Information report with FinCEN. This is a relatively new federal requirement under the Corporate Transparency Act. However, this requirement keeps evolving.

Currently only companies formed outside of the U.S. and registered to conduct business in the U.S. should be concerned. When your LLC is formed within the U.S., you should not be impacted. It may be better to register anyways, as the penalties for non-compliance can be severe. Up to $500 per day. Also, currently there is no filing fee for Beneficial Ownership Information report.

If you choose not to file, check the current rules before forming your LLC. They may change, and exemptions are limited.

What is an EIN and why do you need one?

An EIN (Employer Identification Number) is a federal tax identification number. While not every LLC is legally required to obtain an EIN, in practice, it’s essential. The U.S. system is built around it, and operating without one is rarely viable. For example, you will need EIN to open a U.S. bank account, file taxes, hire employees, or even to register with platforms providers like Amazon or Google.

While U.S. citizen (having SSN or ITIN) can apply online and IRS resolves their EIN needs in a matter of minutes or hours. Foreigners must apply by mail or fax using IRS Form SS-4. And it takes way longer. Often several weeks. Assuming, such applicant does not have SSN or ITIN.

Can you start doing business right away?

Not always. Forming an LLC doesn’t automatically give you permission to operate. Depending on your business type and location, you may need:

• Federal Registrations,

• State-level permits, and/or

• A local occupational license.

Florida does not require a general business license at the state level. But I would strongly recommend reviewing city and county licensing and permit obligations.

Do you need a U.S. attorney to form a Florida LLC?

No, you’re not required to hire an attorney to form a Florida LLC. But legal guidance is strongly recommended, especially when dealing with BOI filings, EIN applications, and licensing.

As a Florida-licensed attorney familiar with both the Czech and U.S. legal systems, I can be of assistance. If you’re considering forming a Florida LLC, reach out, if you feel like you would appreciate help.