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Miami Incorporation Lawyer

Incorporation is the process by which a business organization officially becomes a corporation. The significance of such an event is that the corporation is then recognized as a person under the law. Benefits include different tax treatment and different levels of liability. Different types of corporations include business (for-profit) corporations, non-profit corporations, private corporations, and professional corporations. Different states have different requirements for incorporation. Believing you have met the requirements of incorporation is often insufficient, and may leave you exposed to liability you otherwise thought were exempt from. In essence, proper incorporation can be the deciding factor in leaving you exposed to millions in liability.

Requirements For Incorporation

Different states have different requirements for incorporation. Believing you have met the requirements of incorporation is often insufficient. It may leave you exposed to liability. In essence, proper incorporation can be the deciding factor in leaving you exposed to millions in liability.

Since various states have various regulations, you want to make sure that you’re working with someone who is local enough to the area in which you plan to do business. Therefore, you will understand what it is that needs to be done in order for you to properly incorporate your organization. In South Florida, you want a law group that can provide relevant legal advice.

Incorporating Large And Small Businesses In South Florida

There are literally hundreds of companies that call the greater Miami metro area their headquarters. Fortunately, it’s relatively easy to incorporate an organization in this area compared to many other major business areas around the country. That being said, there are still some things you’re going to want to keep in mind.
Most notably, you’re going to have to make sure that your future organizational name meets Florida state regulations. Then you must file your group’s articles of incorporation with the Department of State itself. Eventually, you’ll also need to request a Federal Employer Identification Number (FEIN), which has to come to you from the IRS. Keep in mind that while you might be doing business in the state of Florida, you do have to adhere to countless federal regulations as well.

This can be quite complicated, which is why you’ll certainly want to work with experienced business law attorneys. Our experienced team can help your organization to earn a Certificate of Incorporation. This must be issued by the Division of Corporations under Florida’s Department of State.

Licenses And Paperwork That Business Owners Need

Perhaps the most complex part of the process is to obtain all the various licenses that you’ll need, which come from the state as well as the city government and even the county you’ll be doing business in. This is especially true for businesses that will be operating in and around South Beach, due in no small part to the fact that Miami-Dade County has a number of unique regulations that local firms must be able to adhere to.
A number of incorporation fees will have to be paid, and many of these must be made out to the Florida Department of State’s Division of Corporations no matter where you might be doing business. These fees could include a certified copy fee, a filing fee for any certificates, and even reinstatement if you’ve managed some sort of business operation in the past.
Unfortunately, many people who attempt to go into business for themselves will end up with some unpaid fees, which could cause problems for them in the future. You’ll want to make sure that everything is settled away before you start operating your new organization.
The best way to ensure that everything will remain within the boundaries of the law is to work with seasoned legal professionals who are familiar with all of the ins and outs of how to manage a firm like this. That means you’ll want to work with an incorporation lawyer who is local to the Miami area and understands what it takes to run a firm in the region.

From Your Trembly Law Corporate Attorney In Miami, Florida

By working with the Trembly Law Firm, you can be sure that you’re working with a group of local attorneys that understand the needs of businesses that are based in the state of Florida. Having the proper legal counsel can ensure you meet all the requirements of incorporation, whether in Florida or elsewhere.
Trembly Law Firm has years of experience in assisting businesses to properly undertake the steps to incorporate. Contact us today to seek counsel. Ensure you have the right legal team assisting you every step of the way in your business’s incorporation.

The Significance of Incorporating Your Business

Incorporating your business is the first step in the process of building a thriving, profitable company. Before you start thinking about marketing strategies, operating agreements, vendor contracts, or any other business-related issue, you need to think about the incorporation requirements in your area. In a very real sense, incorporation is what distinguishes your business from an idea and a reality. When you incorporate your business, you make the critical transition from theory to reality; after incorporation, the state government and the federal government will officially recognize your company as a legitimate business entity.

Incorporating your business produces several key outcomes. For one, incorporation provides the opportunity for unique tax treatment for your business. What’s more, incorporation also provides different types of liability for owners and shareholders.
As we will see, incorporating your business is more difficult than most people assume. In some cases, business owners may think that they have completed all the procedures of incorporation, but in actuality, they have not. If you want to have the smoothest, most hassle-free incorporation experience, the best method is to partner with a qualified business lawyer.

Incorporation Requirements Vary by Jurisdiction

One of the first things you should understand about the incorporation process is the fact that incorporation requirements vary by jurisdiction. In other words, depending on your location, the process of incorporating your business may have greater or lesser levels of complexity. In order to preserve your professional future and financial health, you need to be absolutely certain that you perform all incorporation tasks correctly. If you fail to incorporate your business, you may end up exposing yourself to very high levels of financial liability. This is why you need to partner with someone who is deeply familiar with the incorporation requirements of your specific area.
The business lawyers at the Trembly Law Firm are fluent with the various requirements of incorporation in the South Florida area. If you plan to incorporate in this area, the lawyers at our firm can be a great asset.

Basics of Incorporating a Business in South Florida

Based on what we have presented here so far, you may suppose that incorporating your business in the Miami area is a daunting task. The good news, however, is that incorporating your business here is actually relatively easy if we compare Miami to many other major metropolitan areas around the country. Still, you will need to check off a few boxes when you incorporate your business here in South Florida.
To start off, you will need to make sure that the name of your proposed company meets the guidelines of the State of Florida. Your proposed name also cannot already be used by a preexisting company. In addition, you will need to file your “articles of incorporation” with the State of Florida. Along with these state requirements, you will also have to comply with the many federal regulations which apply to incorporated businesses. One of these federal requirements is the Employer Identification Number (EIN), which is akin to a corporate social security number which you will need when you report to the IRS.
Adhering to the various state-level and federal-level regulations that govern incorporated businesses is not an easy task. When you work with the Trembly Law Firm, we can help you obtain your certificate of incorporation, and also comply with the many regulations which apply to your future business.

An Overview of the Licenses and Fees Involved with Incorporation

A significant part of the incorporation process involves obtaining the requisite licenses and paying the necessary fees of incorporation. In many cases, you will need to obtain multiple licenses to operate in the State of Florida; for instance, you may need to obtain licenses from the city, county and state government. If you plan to incorporate in the Miami-Dade County area, you will need to obtain multiple licenses. What’s more, not only will you need multiple licenses, there are many unique regulations which apply specifically to businesses which operate in the South Florida area. This is precisely why you need a firm which is deeply conversant with the laws and regulations of this location.
No matter which county you choose to incorporate your business, you will need to pay various fees. These fees will be paid to the Department of State’s “Division of Corporations” office. The exact number of fees depends on the specifics of a given case. But common fees involved in the incorporation process are things like certified copy fees, certificate fees, reinstatement fees, and so forth. These fees can quickly add up, and so you will want to budget accordingly. Although these fees may seem substantial, it’s important to remember that the potential exposure which comes along with running an unincorporated business may be much more severe.

To recap:

  • The incorporation requirements in Florida vary according to location
  • Certain incorporation requirements are consistent throughout the state
  • You will need to abide federal as well as state regulations
  • You may need to obtain multiple business licenses in order to operate in Florida
  • Hiring a consultant who is familiar with your particular area is critical

Partner with Trembly Law to Incorporate in Miami

No matter which area you intend to operate, you should hire a qualified business lawyer when you attempt to incorporate your business. And when you hire a business lawyer, you should make sure that your lawyer is fully conversant with the specific requirements of your area. At the Trembly Law Firm, we regularly assist clients who are trying to set up shop in South Florida. We can consult with you to ensure that all requirements are met during the incorporation procedure. Contact us today by calling (305) 431-5678 and speak to one of our professionals.

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Frequently Asked Questions

South Florida Business Attorney Brett Trembly addresses commonly asked business law questions in his Video of the Month series.  If you have any questions for us, or if you need immediate legal assistance, please contact us today.

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