How to Turn a DBA Into an LLC in Florida?

When considering converting a DBA (Doing Business As) to an LLC (Limited Liability Company), it is highly advisable to engage the services of a Florida business attorney. The legal requirements and documentation involved in this process can be intricate and may lead to confusion for those unfamiliar with the procedure. An experienced attorney can provide valuable guidance in navigating Florida laws, ensuring that all necessary paperwork is completed accurately.

To turn a DBA (Doing As) into an LLC (Limited Liability Company) in Florida, follow these steps:

1. Choose a name for your LLC: While it is common for individuals transitioning from a DBA to an LLC to maintain the same business name, verifying that the chosen name remains available for use is crucial. An attorney can help confirm that another business entity does not already use the desired name.

2. File Articles of Organization: To form an LLC in Florida, you must file Articles of Organization with the Florida Division of Corporations. This document includes basic information about your LLC, including its name, principal address, and registered agent.

3. Create an Operating Agreement: Although not required by Florida law, an Operating Agreement is highly recommended. This document outlines the rights and responsibilities of the LLC's members and can help prevent disputes in the future.

4. Obtain an EIN (Employer Identification Number): An EIN is a unique identifier for your LLC, similar to a social security number.

5. File a Fictitious Name Registration (if applicable): If you plan to continue using the current DBA name or a new one, then a file a Fictitious Name Registration with the Florida Division of Corporations will need to be filed. This is necessary because the DBA is not a separate legal entity and must be registered under the LLC's name.

6. Register for state and local taxes: Depending on your LLC's business activities, you may need to register for various state and local taxes, such as sales tax or unemployment tax.

7. Update licenses and permits: Make sure to update any licenses and permits associated with your DBA to reflect the new LLC status.

Once these steps are completed, your DBA will be converted into an LLC, providing you with the benefits of limited liability protection and a more formal business structure. It is always recommended to use a business attorney.