Area of Law:
Incorporating in Florida is relatively easy. This article will provide you with resources to understand how the incorporation process works in Florida as well as the legal forms from the Florida Department of State that you will need to incorporate in Florida.
While it is not required, it is advised to check the availability of a company name before filing any paperwork. You can do this by visiting the Florida Department of State, Division of Corporations website. Here they offer a simple name search to see if the company name is available. Unfortunately, you cannot reserve a business name with the Division of Corporations.
There are three ways to submit the articles of incorporation: online, by mail, or via fax. To file online, simply visit: https://efile.sunbiz.org/profit_file.html and fill out the forms as they are presented to you. The required filing fee is $70.00, but there are additional options you can request during your online filing. To submit your electronic filing via fax, you must have an established pre-paid account with the Division of Corporations. In order to obtain an E-file account, you can go to: https://efile.sunbiz.org/efile_acct_help.html, where you can then follow the necessary steps to create the account. Once the account has been established, you will visit: https://efile.sunbiz.org/login.html, enter in your account information and follow the step-by-step process.
To file via mail, you are required to fill out form CR2E010 which will provide you with easy-to-follow instructions on how to fill out and submit the form. The filing fee for a profit corporation is $35.00, plus an additional $35.00 for the designation of the registered agent. Checks should be made payable to the Florida Department of State. The forms along with your fees can be mailed to:
Department of State, New Filing Section, Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314.
For further information, there is an informative step-by-step guide on how to file online or by mail, which can be found at: https://efile.sunbiz.org/Profit_Filing_Help.html.
Currently, annual reports can only be filed online here. The first annual report is due by January 1st of the calendar year following the year of formation. If a corporation is created late in the year, and it does not expect to conduct business until after January 1st of the following year, it can add an effective date, which will delay the requirement to file an annual report until the following year.