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Florida LLC Operating Agreement Template PDF Free Download
Florida LLC Operating Agreement
A Florida LLC Operating Agreement acknowledges a foundational arrangement using a written contract to highlight details concerning how a limited liability company intends to function.
The document is designed to configure an agreed-upon model for business management policies and manners of practice.
Specific provisions contain spaces to clarify the following:
Company Information (Date of Formation, Address, Purpose, Members)
Ownership Share Amounts
Rights/Responsibilities of Each Member
Meetings/Voting Policies
Bookkeeping Practices
Withdrawal/Dissolution Procedures
Additionally, many other clauses can be customized to identify different facets of company conduct not listed above.
Origination of this contract is not required by state law but is recommended to properly define the parameters of ownership, management, tax implications, and many other scopes of operation.
Laws
LLC Statutes – Florida Statutes – Florida Revised Limited Liability Company Act (§ 605-0101 – 605-1108)
Operating Agreements – Limited Liability Company Agreements – Scope; function; and limitations (§ 605.0105)
Definitions – “Operating Agreement” means an agreement, whether referred to as an operating agreement or not, which may be oral, implied, in a record, or in any combination thereof, of the members of a limited liability company, including a sole member, concerning the matters described in section § 605.0105(1).
The term includes the operating agreement as amended or restated (§ 605-0102(45)).
Formation – § 605.0201
How to Form an LLC in Florida
Before attempting to file in the State of Florida, it is recommended that you perform a Preliminary Search of the Division of Corporations’ records to ensure that your chosen business name is available for use.
There are multiple search options by which you can make your inquiry, including by Name, Officer/Registered Agent, and Trademark Name.
Once you have confirmed that the name is available, you may begin the LLC filing process.
Step 1 – Nominate a Registered Agent
A Registered Agent/Statutory Agent is an individual or entity that the LLC nominates to receive annual filings and other important papers on behalf of the LLC.
The Registered Agent may be either an individual residing in the State or a legal business entity currently active in the State.
Step 2 – Entity Type
The application you submit to the Division of Corporations will be specific to the type of LLC being created.
Select the link below which corresponds with your particular entity type/desired method of filing.
Domestic – Articles of Organization for Florida Limited Liability Company
File – Online or Adobe PDF (Form CR2E047)
*Foreign – Application by Foreign Limited Liability Company for Authorization to Transact Business in Florida
*Foreign LLCs must attach to their filing package a Certificate of Existence, no more than ninety (90) days old, issued in the initial jurisdiction in which the LLC was organized.
Step 3 – Filing Fee
Those filing online will be instructed to pay the $125 fee by credit card.
If filing via Adobe PDF, attach a check made payable to the ‘Florida Department of State and send your completed filing package by mail to the following address:
Division of Corporations, Registration Section, P.O. Box 6327, Clifton Building Tallahassee, FL 32314
Step 4 – Operating Agreement
An operating agreement may be drafted to establish the procedures by which the LLC is to operate as well as any other provisions left undefined in the initial formation articles.
The managing member(s) shall sign the agreement and keep it for their own personal documentation.
Note that drafting an operating agreement is not required by State law thus there is no need to submit it to the Division of Corporations.
Single-Member LLC Operating Agreement
Multi-Member LLC Operating Agreement
Step 5 – Employer Identification Number (EIN)
Immediately after filing your LLC, it is imperative that you apply for an Employer Identification Number (EIN) as it is needed in order to perform certain financial transactions legally.
You may apply for an EIN Online or through Adobe PDF Form SS-4. Once acquired, your business will be able to:
Pay employees
Open company bank accounts
Obtain company credit cards
| Author | – |
| Language | English |
| No. of Pages | 15 |
| PDF Size | 3 MB |
| Category | Form |
| Source/Credits | eforms.com |
Florida LLC Operating Agreement Template PDF Free Download