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Florida Registered Agent
By Andre Walker MONEY RESEARCH COLLECTIVE
If you’re setting up a business in Florida, you’re likely aware that you’ll need a Florida registered agent to help you incorporate. Registered agents play a vital role in helping to ensure that your business operates legally and smoothly. Learn what you need to know about registered agents, including what they do, why you need one, how to choose the right one, and more. By the end of this post, you’ll clearly understand the role of an agent and how it applies to your business.
What is a registered agent in Florida?
A Florida registered agent is an individual or business entity appointed to receive legal documents for a business operating in the state. The Florida Division of Corporations requires that an agent be designated by all corporations and limited liability companies (LLCs). The registered agent must be physically present in the state and available during regular business hours to accept service of process and other legal notices on behalf of the company. Florida law requires that incorporated businesses have a registered agent who can be easily contacted if a lawsuit is filed against the company or if other legal matters need to be addressed.
Your Florida registered agent provides a business address for service of process and legal notifications from the state and other entities. It’s mandatory that any business operating in Florida appoint one. It’s also essential to ensure that they are current and up-to-date with changes of address or name. Failure to maintain a valid registered agent could lead to fines or even dissolution of the business entity.
The cost of hiring registered agents in Florida varies depending on the level and depth of services they provide. Generally, it can cost anywhere from $35 to $300 per year. Some may offer basic services such as filing documents and receiving notices from the state for a lower rate. Others may offer more comprehensive services, such as document preparation and legal advice, for a higher rate.
Registered agent requirements
If you plan on setting up a business entity in Florida, you will need to appoint an agent to comply with state incorporation law. To ensure that your business complies, you must understand the requirements for registered agents in Florida.
Physical address in Florida
A registered agent must be available during regular business hours (9:00 am – 5:00 pm) to receive legal notices and have a physical address in Florida. When choosing a registered agent, you must ensure that the person or entity you select is qualified and able to fulfill their duties. Choosing an experienced and knowledgeable agent can help your business stay compliant with the law.
Legal documents
It’s essential that your agent can be reached in case a legal document needs to be delivered to him or her. They must also have enough storage space for any paper documents received and the ability to scan and send digital copies.
Other legal requirements
It’s important to note that registered agents in Florida must meet specific legal requirements. They cannot use a post office box or virtual office as their address; they must have a physical street address in Florida. Although they are not required to keep contact information for the business on file, it’s still crucial for companies to provide their registered agents with up-to-date contact information on the business in case it’s needed for legal proceedings or other communications.
Keeping up-to-date contact information for the business can make dealing with the legal process much more manageable. To learn more about the requirements of a Florida registered agent, refer to Florida Statutes §605.0113 and §607.0501. Adhering to these Florida registered agent requirements can help ensure that your LLC or corporation complies with the law.
Registered agent responsibilities
Registered agents provide the stability, reliability and accountability necessary to ensure that all official documents are received and responded to promptly. They also provide a physical address where legal documents can be delivered, thus eliminating the risk of vital documents being lost or misdirected.
The responsibilities of a Florida registered agent vary depending on the type of organization or entity for which they are providing services. Generally speaking, though, these responsibilities include:
- Receiving legal documents such as summonses, complaints, subpoenas and government correspondence
- Accepting service of process for any lawsuits against the company or individual represented by the agent
- Maintaining records of all official business documents, such as business renewal documents, formation documents and tax notices
- Forwarding any received documents to the appropriate individuals or organizations promptly
- Notifying the company or individual being represented of any legal actions taken against them
- Providing a reliable and consistent physical address for the delivery of legal documents
Registered agents may also help you prepare incorporation papers, apply for a taxpayer identification number, and advise you generally about how to go about setting up a business. They may also assist you in filing your Florida Annual Report, a document that all Florida-registered businesses must submit annually to the state. By filing this report, business owners keep their company’s information current and up-to-date in the state’s records. Filing the Florida annual report is relatively simple, but it’s essential to get it done on time or risk penalties and late fees. The filing fee for an LLC is $138.75, and the filing fee for a corporation is $150. This fee must be paid each year before the May 1st deadline.
When you file your annual report, you’ll be asked to provide specific information about your business, including its name, the type of business, the principal business address and the names and addresses of any officers or directors. You’ll also have to confirm certain changes you may have made to your business in the past year. It’s important to ensure that all of the information you provide in your Florida annual report is accurate and up to date. Failing to do so could lead to fines and penalties.
Can I be my own registered agent in Florida?
While saving money by serving as your own registered agent may be tempting, this decision comes with certain drawbacks.
First and foremost, you must be available during regular business hours and days to accept legal documents, including official government correspondence, summonses and other notices. Furthermore, if you serve as your own registered agent, your name and address will appear on the public record of your company’s incorporation – a prospect that makes some people uncomfortable.
For these reasons, most businesses opt to hire a commercial registered agent company instead. A professional registered agent will ensure that all legal documents and notices are accepted promptly while keeping your personal information off the public record. Many companies offer additional business services such as compliance reminders, annual report filing and entity management tools.
How do you change your registered agent?
Changing your registered agent in Florida is a relatively straightforward process.
- File a Statement of Change of Registered Agent form with the Florida Department of State. This form can be found online on the Department of State’s website or requested directly from the Division of Corporations.
- Once the form is filled out, it must be signed by an officer or authorized representative of the business.
- The form and filing fees must then be sent to the Division of Corporations. If accepted, the new agent will be entered into the state’s records, and the business will receive an email confirmation of the change.
- Make sure that the new agent is also located in Florida.
- If you are changing your registered agent in Florida from an individual to a corporate entity, you’ll need to provide proof that the corporate entity has been appropriately registered with the state of Florida before the change can be completed.
By following these steps, businesses can easily update their registered agent information with the Florida Department of State. Once your change is successfully processed, your business will have a new agent and office responsible for handling all official state communications.
The benefits of a registered agent service
Working with a registered agent service in Florida will help you start your new business off on the right foot and keep it operating as required by law.
Ensures compliance requirements
A registered agent service in Florida is a great way to help ensure that your business complies with the state’s laws and regulations relating to corporate formation and reporting. By employing an established registered agent service, you’ll be assured that you won’t miss any vital correspondence, legal papers, or government notifications.
Registered agents also play an important role in your business’s legal well-being. It’s their responsibility to ensure that corporate paperwork is filed correctly and on time and that all legal notices are properly received and brought to the attention of the company. This can be especially helpful if your business is based in multiple states and is subject to statutes, rules and regulations in multiple jurisdictions.
Provides formation services
To form an LLC or corporation in Florida, you (or your registered agent) must complete foundation documents, such as the Articles of Organization for an LLC or Articles of Incorporation for a corporation. These documents must be filed with the Florida Division of Corporations. Your agent can help facilitate this process. The state will charge $125 to form an LLC and $70 to form a corporation.
A registered agent service in Florida can be very helpful to businesses looking to incorporate or operate in the state. A registered agent service will provide formation services that help businesses become legally established and ensure their compliance with the relevant state incorporation laws. Your agent can provide you with the information and resources needed to ensure the filing process goes smoothly. In addition, they will ensure that your business complies with ongoing reporting requirements, such as those involving annual reports.
Having a reliable agent also adds credibility to your business. When potential customers see that your business has a professional registered agent, they’ll know that you take the necessary steps to ensure compliance with the law.
Registered agents can also offer advice on how to structure your business and provide support throughout the incorporation process. And since they will handle incoming legal correspondence, you needn’t worry that you’ll miss some important legal notice.
Utilizing a Florida registered agent service is a smart move for businesses of all sizes. One of the primary purposes of incorporation is to insulate a company’s principals from personal liability for the company’s financial obligations. But if your corporation isn’t formed and maintained properly, you might lose those protections. Working with a reputable and professional registered agent will make that calamity extremely unlikely.
Go about starting your Florida LLC the right way
Starting an LLC in Florida doesn’t have to be difficult if you know how to find a registered agent in Florida. Your agent can help you stay on top of the paperwork, taxes, and legal requirements of owning your own business. Don’t forget this important step toward building a successful LLC.
