Florida Registered Agent: If you wish to start a Florida LLC, you have to appoint a registered agent. According to Florida State Law, it is mandatory to have a Florida Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Florida, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Florida Registered Agent.
On this page, you’ll learn about the following:
What is a Florida Registered Agent
A registered agent (or a statutory agent or a resident agent) in Florida is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Florida LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Florida, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Florida
You may have several options for hiring a registered agent in Florida. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Florida can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Florida always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work. As it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Florida
You can choose a Florida Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Florida Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Florida
At the time of submitting the Florida Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Florida LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Florida by mail, you need to download the Florida LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Florida Articles of Organization.
Cost of a Florida Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Florida.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Florida
To change the Florida registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Florida Secretary of State via mail. Here’s how to change a registered agent in Florida,
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Florida Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Registration Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
How to Pay: The filing amount is payable to the Florida secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Florida Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Florida. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Florida ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Florida to publicly upload their address to the Florida Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Florida SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Florida or any other state usually takes online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Florida Business Laws for Registered Agents to Note
Registered Agents handle all the business-related legal affairs of your business and other legal issues of a foreign LLC in Florida. Every state has its own set of established business laws. Florida also has a well-formed set of business laws to follow. Here are the significant business laws that require mandatory compliance by every business entity.
Antitrust laws aim at countering anti-competitive practices in an open market, such as strict punishment and penalties against forming cartels or creating barriers for new entrants in the market. The Florida Federal and State laws protect their consumers from such unethical activities that influence the competition in the market. Antitrust laws are invoked in situations that hint at monopolization of a relevant market domain. The two significant federal laws are the Sherman Act and the Clayton Act. Under the Statutes of Limitations, an antitrust claim can be raised within 4 years. A successful Plaintiff can also recover the Attorneys’ fees.
Interest Rate Laws
Every state in the United States has an Interest law for businesses. Normally, the general interest rate guidelines are less than the legal threshold of interest rate. Florida has laws to limit the interest rates, and significantly high-interest rates are considered illegal and open to criminal prosecution.
For loans, Florida has capped the interest rates at 18% for loan amounts up to $500,000 and 25% for a greater amount annually. Certain exceptions are also put in place for interest for certain businesses and making loans. The penalty for usury (Unlawful Interest rate) is well established with credit at the rate of 25-45% with a penalty of up to 60 days in prison and a $500 fine; around 45% for a 3rd-degree felony, and if the loan is criminal, debt is not legally enforceable.
Civil Statute of Limitations
The Statute of Limitations guides the time limit for filing any lawsuit or civil actions. The laws are intended to bring fairness in the filing of lawsuits. The statute of limitations in Florida generally ranges from two years to four years.
For written contracts, the time limit is 5 years, 1 year for specific performance, and 4 years for oral contracts.
Deceptive Trade Practices Laws
Florida laws aim to protect their residents from unfair business practices. Such practices mislead the consumers into investing in invaluable market products by selling them with twisted statements and lies such as false advertising.
The State Statute is the Florida Deceptive & Unfair Trade Practices Act, which forbids false advertising and has strict penalties and punishment prescribed for such prohibited activities, for instance, 2nd-degree misdemeanor, injunction, damages, and up to $10,000 for civil penalties for each violation.
The Registered Agents are the people who act as points of contact between your business and the State Compliances. They assist your business in ensuring compliance with all regulations and codes of the State. Hiring a registered agent in Florida will help you handle your business in a smooth and legally compliant manner.
How to Remove a Registered Agent for LLC in Florida
One of the primary requirements for running a Limited Liability Company (LLC) in Florida is to have a registered agent. This registered agent serves as a point of contact between the LLC and the state, ensuring that official documents, legal papers, and important notices are delivered promptly. However, there may be situations where an LLC owner may need to remove their registered agent due to a variety of reasons such as inefficiency, misconduct, or when the agent is no longer interested in fulfilling their duties. In this editorial comment, we will shed light on the general process of removing a registered agent for an LLC in Florida.
First, it is crucial for owners to review their LLC Operating Agreement, as it may outline specific conditions regarding the removal of the registered agent. An Operating Agreement is a legal document that outlines the structure and organization of the LLC. If the agreement contains provisions about this matter, LLC owners should adhere to the outlined steps carefully. Not only does this ensure that proper protocols are followed, but it also helps avoid potential legal disputes.
If the LLC’s Operating Agreement does not contain provisions regarding removing a registered agent or if the agreement doesn’t exist, then LLC owners can take the next course of action by following certain procedures outlined by the Florida Division of Corporations.
The process generally involves filling out specific forms and submitting them to the Division of Corporations. The most commonly used form for removing a registered agent is the Statement of Resignation by Registered Agent (form RA-LLC-1). This form effectively notifies the state that the registered agent is resigning and that the LLC owner intends to replace them with a new registered agent.
Once the Statement of Resignation by Registered Agent is completed, it should be mailed along with the appropriate filing fee to the Division of Corporations. It is important to attach the required fee to avoid delays in processing the request. Notably, same-day or expedited processing may be available for an additional fee if time is of the essence.
It’s crucial to remember that the removal of a registered agent may leave the LLC without a registered agent until a replacement is appointed. To prevent any potential disruption of services, particularly when it comes to official correspondence with the state, it is advisable for LLC owners to select a new registered agent promptly.
In Florida, the requirements for serving as a LLC registered agent are relatively simple. The appointed individual or entity must have a physical address within the state and be available during regular business hours to receive legal documents and official notices on behalf of the LLC. Therefore, LLC owners should conduct thorough research in selecting a new registered agent to ensure they meet these minimal requirements.
When submitting the new registered agent’s information, the LLC owner must also submit a Statement of Change of Registered Office or Registered Agent, executed by an authorized person on behalf of the company. The appropriate form and fees should be sent to the Division of Corporations by mail, following the same procedures mentioned earlier for the resignation of the previous registered agent.
In summary, the process of removing a registered agent for an LLC in Florida can be completed by carefully following the steps outlined by the Florida Division of Corporations. It is crucial for LLC owners to review their Operating Agreements, submit the necessary forms and fees, and promptly select a new registered agent to ensure a smooth transition in maintaining compliance with state requirements.
You may alter the registered agent in Florida. You must download, complete, and submit the RA change application form to the Secretary of State online, by mail at the Registration Section, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314, or by fax, depending on which option is most convenient for you. Florida charges $25 for the change of registered agent.
You must fulfill a number of conditions to be a registered agent in Florida. The need to be a legal adult (18+) is among the most crucial requirements. You must also live in Florida, which is another need. You are qualified to apply to be a registered agent if you satisfy these requirements.
A registered agent in Florida might be your spouse, any LLC member, a family member, a friend, or you. Being an adult (18 years or older) and a resident of the state are the two essential requirements. If you are capable of doing so, being a registered agent should not be difficult.
A registered agent’s Florida address may be changed without any difficulty. The Florida Secretary of State’s website has a form called the RA Change Form that you must submit. Specify the new address in the form. Use the most convenient method for you to submit it: online, via fax, or by mail to the Division of Corporations’ Registration Section at P.O. Box 6327 in Tallahassee, Florida – 32314. Address changes could incur a charge.
Visit the Florida SOS website to see who a company’s registered agent is. When searching, use the company name if you know it. Get the firm you’re searching for, and then use that to find the registered agent’s contact information.
It is required by law in Florida that your business have a registered agent. Any legal documents, including as notifications, permits, and processes, must be served on your registered agent, who is also in charge of receiving any legal actions brought against the business at his registered address. During business hours, he or she must be accessible at their desk.
At the time of company registration, organizations must provide their name, address, and contact information in order to designate a registered agent in Florida formally. For the registered agent, there is a distinct section in the articles of incorporation. A registered agent in Florida is appointed in the manner described above.
The official website of the Florida Secretary of State is where you may look up a registered agent’s address in Florida. The following procedures may be used to seek the registered agent’s address:
1. Navigate to the Florida SOS website
2. Use the business name to get information about the firm
3. Look for the list of registered agents’ addresses
The registered agent’s address will be simpler to locate this way.
To search for a business in Florida, go to the Florida Secretary of State’s website. You will find the “Search” option. You can search for a business by its name and by the registered agent’s name. Select the “registered agent” option and enter the name of your registered agent to get the business details.
A registered agent must be a resident of the state, at least 18 years old, and meet other requirements before being appointed. If all requirements are met, that individual is qualified to act as a registered agent in Florida.
The Florida SOS must be consulted in Florida if you need to hunt for a registered agent for a business. Select Business Search from the main page. To search for a company, if you know the corporate name, input it. To get information, choose the registered agent option.
If a registered agent must provide a formal resignation letter to the business, they were acting as. A letter of resignation must be sent to the Florida Secretary of State through the mail, fax, or online once it has been approved by the employer. The notification must be sent within the allotted period.
By entering onto the Florida Secretary of State’s website, you may modify a registered agent in the state of Florida online. Make sure the online method is accessible to you before continuing; however, before you begin the online process. RA Change Form should be sent if not.
A free registered agent is available in Florida. You won’t need to physically pay yourself anything if you act as your own registered agent. You might perhaps avoid paying if your partner or a friend joins an agency. A free registered agent service in Florida is your last option.
You need to go to the Florida Secretary of State’s website to do some investigation on the registered agent there. “Search Business” will be an option you have. Your company’s name may be searched for. You will be able to extract the registered agent’s information from the list when you get the results.
The registered agent does not have a separate form in Florida. Businesses that are registering their business must choose a registered agent and send their information via the formation paperwork. The registration section of the division of corporations, PO Box 6327, Tallahassee, FL 32314, is where the formation papers must be sent.
It is necessary to notify the Florida SOS if your firm does not have a registered agent there. A legal problem might arise since all Florida corporations are required to have a registered agent. You may need to act as the Florida registered agent if there isn’t one.
When a registered agent in Florida passes away, all of their authority is lost. The state of Florida requires that you have a registered agent. Consequently, the business must choose or replace a new registered agent. A registered agent might also be a manager, an official of the business, or the owner.
There are regulations regarding company registration in Florida. If you visit the Florida Secretary of State, they will be able to tell you whether or not you may keep your registered agent’s name off the public platform. A member’s identity may be concealed if the organization is an Anonymous LLC.
You must make a phone call to the Florida Secretary of State’s office to get the registered agent information. 8 a.m. to 5 p.m. is the official timeframe. To speak with the executive, dial 850-245-6053. Receive the information by according to the caller’s directions.
A person’s agreement to act as a registered agent in Florida constitutes their acceptance of that role. In Florida, the newly appointed individual must provide his or her assent before beginning the process of serving.
In Florida, the terms registered agent and resident agent are synonymous. The terms “resident agent” and “registered agent” are both used in certain states but not in the majority. In every state, there is a uniform designation, appointment process, and registration procedure.
A legal fine and responsibility may be imposed on the person appointing a registered agent in Florida without the permission of the person who will be represented by such agent. Additionally, individuals have the ability to reject any obligation imposed by the procedure.
It does not follow that a firm cannot be sued lawfully if it has no registered agent in Florida. The only issue is that the corporation and the ability to receive legal notification are not being represented by an agent. However, there will be an alternative method of sending the notification, and the lawsuit will proceed.
The application for the rejection must be submitted in Florida by the registered agent who wishes to reject the designation. The Florida Secretary of State will just need to receive their signed rejection statement. Like accepting the designation, it is comparable.
How to Remove a Registered Agent for LLC in Florida
How to Remove a Registered Agent for LLC in Florida
When it comes to running a limited liability company (LLC) in Florida, ensuring that all necessary regulatory obligations are met is imperative. Among these obligations is appointing a registered agent, also known as a statutory agent, for your LLC. The registered agent plays a crucial role in facilitating communication between the LLC and the state, as well as receiving important legal and tax documents on behalf of the business.
However, there may be instances where the need to remove a registered agent arises. Whether due to a change in circumstances or a desire to move to a new agent, the process of removing a registered agent is fairly straightforward. Let’s explore the steps involved in removing a registered agent for an LLC in Florida and the considerations to keep in mind.
First and foremost, it is essential to review the LLC’s operating agreement. The operating agreement functions as a contract among the LLC’s members and outlines the procedures for making changes to the company’s management structure. Look for any provisions or guidelines specifying the process for removing or replacing the registered agent. Adhering to such provisions not only ensures legality but also demonstrates respect for the established rules within the company.
If the operating agreement does not address the removal of a registered agent, it is crucial to consult Florida statutes. Specifically, reference Florida’s Revised Limited Liability Company Act (FRLCA), specifically Section 070.1506, which outlines the process for changing a registered agent. Familiarizing yourself with the legal requirements can help minimize potential complications along the way.
Once you are equipped with the necessary knowledge, it is time to take action. Notify the existing registered agent and the Florida Division of Corporations (FDOC) in writing that you are removing the agent’s responsibilities. The FRLCA stipulates that a statement of resignation should be submitted to the FDOC, informing them of the change. Be sure to include your LLC’s name, the name and address of the outgoing registered agent, and the effective date of the agent’s removal within the letter.
Simultaneously, find a suitable replacement for your registered agent. Finding a new agent can be a critical decision, as they will assume important responsibilities for your LLC. It is essential to assess their qualifications, reputation, and capabilities to ensure efficiency in maintaining your LLC’s legal standing. Designate the new registered agent in writing and update the necessary information with the FDOC promptly.
While navigating the process, it is crucial to maintain transparency and accuracy in your communication with both the outgoing and incoming registered agents, as well as the FDOC. Ensure that all relevant parties receive copies of the notifications, keeping clear documentation throughout the transition.
In conclusion, although the process of removing a registered agent for an LLC in Florida may seem challenging at first, understanding and adhering to relevant legal provisions can make it more straightforward. By carefully reviewing the LLC’s operating agreement, following the guidelines outlined by the FRLCA, and effectively communicating all changes, you can effectively remove a registered agent and smoothly transition to a new one for your Florida LLC.
Before you choose a registered agent for your Florida LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.