You want to do business in the state of Florida but are registered as a LLC in another state.  In order to legally conduct business in the state of Florida you must register with the Florida Secretary of State as a Foreign LLC.  The process of registering as a Foreign LLC in Florida is called Florida LLC Foreign Qualification.

The process of Florida LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Florida.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Florida Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the Florida Foreign LLC.  Specific requirements to qualify as a Foreign LLC in Florida are explained below. 

Once you have made the decision to Qualify as a Foreign LLC in Florida, a Florida lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services.

In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in Florida.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Florida.

The California LLC needs to register with the Florida Secretary of State as a Florida Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

The short answer is no.  The state of Florida does not legally require a lawyer to form a Florida Foreign LLC.

Our detailed Foreign Qualification page may help you understand some of the implications of forming a Florida Foreign LLC.  However, if there is anything about forming a Foreign LLC in Florida that you're not sure about you should seek the advice of a competent Florida lawyer, a Florida accountant, or both before you form a Foreign LLC in Florida.

Once you have made the decision to form a Foreign LLC in Florida, a Florida lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Florida Foreign LLC.

You cannot reserve a Company name for a new Florida Foreign LLC before you submit your application to form a Foreign LLC in Florida.

If the Name you have chosen for your new Florida Foreign LLC is already in use by a currently active Florida Corporation or LLC then you will have to register a DBA Name with the Florida Secretary of State.  "DBA" is an abbreviation for "Doing Business As."

In Florida a DBA Name is called a Fictitious Name.

We verify that the Name you have chose for your new Florida Foreign LLC is available before we submit your Foreign LLC filing to the Florida Secretary of State.  If necessary we can register a Fictitious Name in Florida for you so that you can open your new Florida business as quickly as possible.

1. Prove that you are registered in a state other than Florida as a Domestic LLC
2. Choose a name for your Florida Foreign LLC
3. File Registration Documents with the Florida Secretary of State
4. Determine how you want your Florida Foreign LLC to be taxed

1. Prove that you are registered in a state other than Florida as a Domestic LLC
   
   In order to register as a Foreign LLC in the state of Florida, you must first prove that you are registered in another state as a Domestic LLC.  You prove this with a Certificate of Good Standing, sometimes referred to as a Certificate of Existence or a Certificate of Fact, from the state in which you are registered as a Domestic LLC.  Cost of a Good Standing Certificate for your Domestic LLC varies from state to state.
   
   
   If you already have a Good Standing Certificate from your home state, please note that it must be dated no older than 90 days from the date of your application for Florida LLC Foreign Qualification.
   
   
   If the date on your Good Standing Certificate is older than 90 days then you need to get an updated certificate.   If you get your own Good Standing Certificate you must scan and email or send a copy to us before we submit your application for a Florida Foreign LLC.
   We can get your LLC Good Standing Certificate from any state - in most states within 2-3 hours.
2. Choose a name for your Florida Foreign LLC
   
   You can use the same name in Florida that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Florida Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Florida Foreign LLC name that you choose must be distinguishable from the name of any other registered Florida LLC or other business entity and the name must also be different from any reserved names on record with the state of Florida.  Your Florida Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Florida Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of a Florida Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your Florida Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Florida Secretary of State (and pay a fee).
   We will check to make sure that your requested Florida Foreign LLC name is available and conforms to all state of Florida Limited Liability Company naming regulations.
3. File Registration Documents with the Florida Secretary of State
   
   In order to Qualify as a Foreign LLC in Florida you must file Registration Documents with the Florida Secretary of State.  In Florida the registration documents are named "Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida".
   
   The registration documents must include certain specific information about your Florida business.  If the LLC Registration Documents do not conform exactly to state of Florida Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your Florida Foreign LLC has been approved, you may amend the registration documents for your Florida Foreign LLC but you will have to pay a fee to the state of Florida in order to make the changes official.
   
   
4. Determine how you want your Florida Foreign LLC to be taxed
   
   The Florida Corporate Income Tax Rate is 5.5%.  You may choose that your Florida Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your Florida Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Florida Corporate Income Tax.
   
   In addition to any Florida Corporate Income Taxes, all Florida Corporations must pay an annual supplemental corporate fee of $88.75.  Florida Corporations located in enterprise zones may be eligible for Florida Corporate Income Tax incentives.
   
   If you form a Single Member Florida Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Florida Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Florida Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Florida Foreign LLC will be taxed as a Partnership.
   
   Click here for more Florida Corporate Tax Information .
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Florida Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your Florida Foreign LLC
3. Keep proper records of your Florida Foreign LLC on file
4. Pay your taxes to the state of Florida

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Florida Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A Florida Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Florida Foreign LLC within Florida you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Florida Foreign LLC vary depending on your business activities and the specific locations within the state of Florida in which you want to conduct business.
   
   If your Florida Foreign LLC will be selling products in Florida you may be required to obtain a Reseller's Permit from the appropriate Florida state agency.  If your Florida Foreign LLC will be selling products in Florida you will also be responsible for all applicable local and state of Florida sales taxes if there are any.
   We have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your Florida Foreign LLC
   
   The Florida Annual Report includes basic information about your Florida Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed Florida Annual Report to the Florida Secretary of State on or before the due date may subject the Florida Foreign LLC to being administratively dissolved in the state of Florida or having its authority to transact business in the state of Florida revoked by the Florida Secretary of State.
   
   Penalties may accrue if you fail to file any Florida Foreign LLC Annual Report to the Florida Secretary of State by the due date.
   
   
3. Keep proper records of your Florida Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your Florida Foreign LLC:
   • Names and addresses of all Members and Managers of the Florida Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • Florida Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the Florida Foreign LLC
   • Copies of all tax returns and Annual Reports for the Florida Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of Florida
   
   Foreign LLCs that either do business in the state of Florida or that derive income from sources within the state of Florida are subject to Florida and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Florida, you must allocate the amount of income derived from the state of Florida in order to determine your Florida state taxes.

In order to Form a Foreign LLC in Florida you'll need the following information about your LLC:

• The name of your new Florida Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in Florida (not a PO Box)
• A description of the nature of the business you are planning to operate with the Florida Foreign LLC
• A good standing certificate from your home state no older that 90 days
• Whether the Florida Foreign LLC will be managed by LLC Members or Managers
• When the Florida Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)

Remember - ALL the information that you provide when you Form a Foreign LLC in Florida becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Foreign LLC in Florida.

Processing times for new Florida Foreign LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Florida Foreign LLC applications takes the state around 10-15 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your new Florida Foreign LLC.

The Florida Secretary of State reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  We are dependent on, and have no control over, the staff and systems of the Florida Secretary of State.

In our experience 10-15 business days is the time it usually takes the Florida Secretary of State to process a new Florida Foreign LLC application. We get your Florida Foreign LLC application to the FL Secretary of State ASAP. Once it is at the state we have no control over the new Florida Foreign LLC application process.

The state of Florida charges $163.75 to Form a Foreign LLC in FL.  Also add the cost of a good standing certificate from your home state.   If you choose All Business Documents to help you Form your Foreign LLC in Florida our processing fees are $145.00.  This includes:

• Same day processing in of your new Florida Foreign LLC order
• Prepare Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida
• File Formation Documents with the Florida Secretary of State
• Certified Copies of Formation Documents
• Florida Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support