A Delaware LLC operating in Florida is entirely possible. However, there are important steps you’ll need to complete in order for this to be legal.
In this article, we’ll share the steps and costs associated with this and help you navigate the process.
Of course, you can also access our other free resources like how to request an EIN verification letter 147c, US LLC taxes, and how to open US LLC bank accounts remotely.
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Table of Contents
- Delaware LLC Operating in Florida
- Benefits of Registering an LLC in Delaware
- Frequently Asked Questions
- Ready to Explore Your Options?
Delaware LLC Operating in Florida
To legally operate in Florida, a Delaware limited liability company (LLC) must officially register with the Division of Corporations at the Florida State Department as a “Foreign LLC”.
In the following section, we will provide the specific requirements to complete the application and the costs associated with it. Of course, you can obtain official documents and start the process directly from the Florida Department of State’s website.
Requirements for Operating an LLC in Florida
The process to register a foreign LLC is relatively straightforward. However, it is a necessary step that must be completed.
Registering a foreign LLC is actually an application, which includes the following:
- Cover letter (standard layout provided)
- Certification of existence (less than three months old)
- The name of the LLC must be unique in Florida
- Certified translation of any foreign language documents
- Annual reports must be filed in order to maintain active status in Florida
- Check for the complete filing fee and additional options
The fees to complete the application process for a foreign LLC include the following:
- Application filing fee: $100
- Registered agent fee: $25
- Certified copy fee: $30
- Certificate of status $5
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Benefits of Registering an LLC in Delaware
Delaware offers a range of unique benefits for LLCs. That said, most of these benefits will help larger corporations and businesses that plan to raise capital in the future.
For example, Delaware is home to the “Delaware Loophole” which effectively allows businesses in other states to reduce their tax burden by passing profits to their subsidiaries in Delaware.
Another benefit of forming an LLC in Delaware is the institutional knowledge that exists in the state. For example, Delaware is home to the Court of Chancery, which is considered one of the most competent courts in the US for handling internal corporate matters.
That said, if you are looking to form a single-member LLC in the US, you may want to also consider other options. The main reason for this is that Delaware is more expensive in terms of registration and maintenance of LLCs. Additionally, unlike other options (e.g. Wyoming), Delaware has a quarterly franchise tax that all LLCs must pay.
Frequently Asked Questions
Below are three of the most common questions that we receive from people with a Delaware LLC operating in Florida. If you have further questions you would like answered, don’t hesitate to get in touch with us directly.
Can a Delaware LLC Operate in Florida?
Yes, a Delaware LLC can operate in Florida if it goes through the process of properly registering as a foreign LLC. This process requires that the LLC files an application with the Florida Department of State Division of Corporations. There are specific steps and fees that need to be filed for this to be completed.
Does a Delaware LLC Need to Register in Florida?
Yes, a Delaware LLC needs to register in Flordia in order to operate legally. That said the process of registering is relatively straightforward and the associated fees are low. To complete registration, the LLC members must submit an application to the Division of Corporates at the Florida Department of State.
Can a Delaware Corporation Do Business in Florida?
Yes, a Delaware corporation can do business in Florida as it would in any other state. However, the level of business that the LLC engages in may have different requirements in terms of registration, reporting, and fees. If you have a Delaware corporation and you are looking to establish your business in Florida, you should consider speaking with a qualified advisor to help you navigate the requirements.
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