You’re about to embark on a long and exciting journey, one full of hard work and rewards: starting a new business. With wide eyes and big dreams, you’re about to enter the world of business ownership.
But beyond the initial thrill of the startup decision, there’s a lot to consider. In fact, if you’ve never done it before, starting a business can seem like an intimidating mountain of work. Out of all your responsibilities and tasks, you might not even know where to start.
But have no fear. The good news is that once you have everything planned out and understand the process, the formation process is smooth sailing. And this is your go-to guide.
Everything you’ve been wondering about, everything you need to do, every question you have – it’s all right here. By the time you’re through these 16 steps, you’ll be a bonafide business owner who’s prepared for sustained success.
1) Write a Business Plan
Jumping into this endeavor without goals, directives, or a sense of direction can lead to a scattered, unproductive business.
A business plan lays the groundwork for your future success. It helps you analyze key elements of your business and forge pathways to achieve your goals. Here are a few things you should consider including in your business plan:
- Executive Summary (a separate document that gives a complete overview of your business’ purpose, plans, goals, competition, opportunities, etc.)
- Company description
- Market Analysis (opportunities, competition, etc.)
- Managerial or organizational structure
- Products and/or services
- Marketing strategies
- Funding goals
- Financial projections
Business plans aren’t just great for internal operations, but they give your business legitimacy in front of potential investors, customers, partners, and more. Need help? Check out this guide from the U.S. Small Business Administration.
2) Decide on a Business Name
You might’ve come up with the perfect name right away. If so, consider yourself lucky.
Sometimes, deciding on a business can be difficult, requiring brainstorming meetings and late-night rap sessions. That’s because your name is your business’ identity and reputation. It should be something that’s unique and memorable but also defines your business purpose.
Unfortunately, you can’t choose just any name. Each business structure has different naming restrictions. LLCs, for example, must include the words “Limited Liability Company,” “L.L.C.,” or “LLC,” in their names. And corporation names typically need to include some form of the words “Corporation” or “Incorporated.”
More importantly, the name you choose can’t be already taken by another business. Performing an entity search on the Florida Department of State website to see if your name is available. If so, use it on your Articles of Organization to claim it. Florida does not offer name reservations, so you should act fast if you’re worried your name might get taken.
Important Note: It’s very likely that you’ve heard about DBAs. We think it’s critical that you understand what that means as a small business owner so that it doesn’t cause confusion down the road. Learn more about Florida DBAs here.
3) Decide on a Legal Structure
There are only a few types of business structures, but each one dictates some important parts of how your business will run.
The most popular types are the sole proprietorship, general partnership, limited liability company (LLC), S corporation, and C corporation. Most small businesses go with the LLC because of its unique blend of flexibility and personal asset protection.
However, you shouldn’t make this decision without reading up on all of your options. We’ve done plenty of research on each business type and developed side-by-side comparisons. Check out our LLC vs. Corporation and LLC vs. Sole Proprietorship comparison guides for a closer look.
4) Choose a Registered Agent
The Department of State needs a point of contact for your business, someone who will be available at your registered office address during typical business hours – 9am to 5pm.
This person is called a registered agent, and they serve as an intermediary with the state, receiving all of your company’s important legal communications and relaying them on to you. The Florida registered agent ensures that no important state documents, deadlines, or payments fall through the cracks, so you’ll want to choose a person or company you trust.
You can choose either an individual or a business entity as your registered agent in Florida, but they must:
- Be an individual Florida resident or a business entity authorized to do business in the state.
- Have a physical address in Florida (P.O. boxes are not allowed).
- Have a mailing address in Florida.
- Be at least 18 years of age.
- Not be the LLC itself. An LLC cannot act as its own agent, but one of its members or managers can.
Maybe you already have the perfect registered agent in mind. But if not, attorneys, consultants, and LLC members can all be good options, since they know how to maintain businesses. Almost any individual can be a registered agent, though, including family members and friends.
Or, you can choose a registered agent service instead. These companies take care of all your registered agent responsibilities, and some will even handle your business formation and annual reporting as well.
Important: You must continuously maintain a registered agent on file with the Department of State. If your agent resigns or you appoint a new one, you’ll need to notify them by filing the appropriate documents.
5) Register Your Business
This is the big one, the step that officially creates your business. No matter which business type you choose, you’ll need to register it with the Department of State.
LLCs: If you’re going with a limited liability company, you can register your business in Florida by filing the Articles of Organization with the Department of State.
This Florida LLC filing requires two fees: $100 as a standard processing fee and $25 for a registered agent designation fee. You may submit this form either online (the fastest route), by mail, or in person.
Corporations: The submission process for corporations is fairly similar, but the form is different. Instead of an Articles of Organization, you’ll need to file an Articles of Incorporation.
Sole Proprietorship/General Partnership: There are no official forms or fees to register as a sole proprietor or general partnership. Simply start doing business and that’s it! While this is obviously faster and easier, we recommend incorporating your business because of the personal asset protection LLCs and corporations provide.
Foreign Entities: The instructions above don’t apply if you’ve already formed your business in another state and are now expanding it to Florida. This means that your business is considered “foreign” rather than “domestic,” and you must foreign qualify it before conducting business in the state. This means filing a Qualification of Foreign LLC (for LLCs), Profit Qualification, or Non-Profit Qualification (for corporations).
6) Get an EIN
The Employer Identification Number (EIN) is your ticket to doing state and federal taxes. It’s a nine-digit number, much like a Social Security Number, that identifies your business on tax documents.
If you’re forming an LLC, it will be considered a “pass-through” entity, so the business itself won’t pay federal income taxes. Instead, you and the other members will report income and losses on your personal tax returns.
But this doesn’t mean you can go without an EIN. If your LLC pays any type of business taxes – like Sales, Use, or Unemployment Taxes – or hires employees, you’ll need to get one.
Unsure if you need one? The IRS provides a useful “Do I need an EIN?” link on this page, where you can also apply for an EIN. If you go through the online application process, you’ll receive your number immediately.
Otherwise, you can submit a Form SS-4 by fax to (855) 641-6935 or by mail to:
Internal Revenue Service Operation
Attn: EIN Operation
Cincinnati, OH 45999
7) Open a Business Bank Account
LLC and corporation owners are required to keep their personal and business finances completely separate, or they risk losing their personal asset protection. To do so, you’ll need a business bank account.
The good news is that opening a business bank account is pretty simple. Just pay a visit to your bank’s local branch and sit down with one of the bankers there. You will need to present your formation documents, an EIN number, and some personal information. Then, you can direct all of your business income and expenses to that account instead of a personal one.
It doesn’t really matter which bank you choose, whether it’s a national giant like Chase or Bank of America or a small, local bank. However, it’s usually easiest to go with the one where you have existing accounts.
8) Handle Any Tax Obligations
Ah, taxes. They’re always part of the picture, especially when you run a business.
Familiarizing yourself with your business’ tax requirements will help you establish a solid financial plan going forward. But you’re in luck because Florida doesn’t have a personal income tax and LLCs are exempt from Florida’s corporate income tax and franchise tax. Corporations, on the other hand, are required to pay a corporate income tax/franchise tax.
Here are some taxes your Florida business may owe, depending on its activities:
Corporate Income Tax/Franchise Tax: Again, only corporations are required to pay this tax, along with LLCs who have a corporation as one of their members. The rate changes from year to year, so keep an eye on it here. Then, pay your corporate taxes via this filing portal.
Sales and Use Tax: If your business sells any goods or services, you must pay Sales and Use Tax with the Department of Revenue. Florida’s general Sales Tax is 6%.
Reemployment Tax: The Reemployment Tax, formerly the “Unemployment Tax,” is only required if your business hires employees.
Visit Florida’s Department of Revenue website for additional information on taxes.
9) Find an Accountant
Sometimes it’s easier to hand off your financial responsibilities to a professional. Not only will an accountant ensures that your taxes are filed and paid correctly, but they might also find a few ways to save your business money.
Bookkeeping and tax procedures are time-consuming and require some specialized knowledge. Balance sheets, financial reports, cash flow, audits, and much more – an accountant can ensure that your company operates smoothly and streamlines its expenses.
This can be expensive depending on the complexity of your finances, but the benefits an accountant offers can be well worth it.
10) Create an Operating Agreement
An operating agreement constructs a framework of procedures and standards for your business. This is where you can lay out processes for member conduct, asset allocation, compensation policies, voting procedures, dissolution, and much more.
While operating agreements aren’t technically required in Florida, they are essential to your business’ stability and success. They provide a safety net in legal disputes and legitimacy in front of banks, courts, government agencies, and other businesses.
You can either draft one yourself using an online template, or you can hire an attorney or an incorporation service to take care of it for you.
Once you’ve drafted your agreement, it must be approved by each of your LLC’s members, then filed with the rest of your business documents. You do not need to submit it to the Department of State.
11) Acquire the Necessary Licenses
After filing your formation documents, your business is legitimate, but it might still need specific licenses before opening its doors in Florida. This depends entirely on your business type and location, so it’s a good idea to learn about the various licenses you might need:
Professional/Occupational Licenses: A variety of occupations – like barbers, CPAs, electricians, interior designers, and much more – must obtain licensure through the Department of Business & Professional Regulation (DBPR), the Department of Agriculture and Consumer Services (DACS), or other state boards. Find all the licensure information you need on this page.
Local Licenses: Your specific city, county, or municipality might have its own licensure requirements. Take a look at your local government’s website to find out.
12) Consider Business Insurance
Even though it’s not pleasant to consider, there’s always a chance that unforeseen events might take a toll on your assets.
While forming an LLC or corporation offers some personal asset protection, additional business insurance can also protect your business assets in cases of lawsuits, damages, etc. You can acquire insurance for your business products, vehicles, specific occupations and much more.
If you hire employees, you’ll also need to get workers’ compensation insurance. SBA.gov has a useful guide for determining which forms of insurance your new business might need.
13) Build a Website
Your company’s digital presence is just as important as its physical one. Like it or not, most potential customers will find your business online, and if you don’t exist online, you’re missing out.
But don’t worry, you don’t need to be an HTML or web design expert to build a website. Sites like WordPress and Squarespace make it easy to construct an elegant and responsive website, no coding necessary. But if you’re not comfortable or confident doing it on your own, you can always hire a professional web designer to take care of it for you.
14) Launch Social Media Accounts
Making your mark on the digital landscape doesn’t start and end with your website. Most successful businesses also have a robust social media presence on multiple platforms. Facebook, Twitter, and Instagram are all great ways to connect organically with potential customers and develop your brand voice.
Just don’t forget to publish consistent social media content, or you’ll have trouble building a base of followers.
15) Understand Ongoing Florida Requirements
After you’ve launched your business, things will likely be moving at 100 miles per hour as you evolve and grow. But in all of the excitement, you can’t forget your state’s ongoing compliance requirements. Every state has its own annual or biennial business requirements.
Don’t forget to submit an Annual Report to the Florida Department of State every year between January 1 and May 1. This filing costs $138.75, and late filings will incur an additional $400 penalty. Put it in your planner, phone, calendar, etc. because if you don’t file a report by the third Friday in September, the state will dissolve your business.
16) Check Out Florida Small Business Resources
You’re not on this journey alone. There are plenty of free resources available to make starting and growing your business a smoother, easier process.
SBA.gov puts all the small business resources and information you need in one place, everything from networking events to loan opportunities to consulting services. Take a look at the webpages for the North Florida and South Florida district offices, which each include a comprehensive resource document (north and south) for local small businesses.
SBA.gov has a comprehensive document that outlines all of Florida’s small business resources. Check it out here and you’re likely to find what you need. For more information, take a look at the webpage for Florida’s SBA district office.