Business Formation Attorney in Tampa, Florida

Starting a business in Florida can be a rewarding endeavor, but it requires careful planning and understanding of legal requirements. Whether you are considering a sole proprietorship, partnership, LLC, or corporation, engaging a skilled attorney can make all the difference in setting your business up for success.   

At Prasse-Anderson Law Group, led by attorney Barbara Prasse-Anderson, we offer business law services including corporate formation, contract evaluation, serving as General Counsel, and managing business disputes. Based in Tampa, Florida, we serve clients throughout the surrounding area, including Pasco and Pinellas, and we are here to guide you through the business formation process.  

Business Structure Selection 

Each type of business structure has its own advantages and disadvantages that should align with your business goals. When choosing the type of entity you wish to form, consider factors such as liability protection, taxation, management flexibility, capital requirements, and future growth plans.  

An attorney can help you understand the different options for your business structure and guide you in selecting the best one based on your specific needs.  

Contact Prasse-Anderson Law Group today for comprehensive support with your business formation needs across Pasco County and Pinellas County. 

Common business structures include: 

Sole Proprietorship 

A sole proprietorship is the simplest form of business entity where the owner has complete control over the business but also bears full responsibility for its debts. While easy to set up and operate, personal liability is a significant drawback. 

General and Limited Partnerships in Florida 

Partnerships involve two or more individuals sharing profits and losses. In general partnerships, all partners have equal responsibility for the business's debts. Limited partnerships offer limited liability to some partners while others have unlimited liability. 

Limited Liability Companies (LLCs) 

LLCs combine the benefits of corporations and partnerships. They provide limited liability protection to owners (members) while allowing flexibility in management and taxation. However, compliance requirements can be more complex. 

Corporations 

Corporations are separate legal entities from their owners, providing limited liability protection. They offer advantages like perpetual existence and ease of transferring ownership but require adherence to formalities and double taxation. 

Legal Requirements for Setting Up a Business in Florida 

In addition to federal regulations, Florida has specific requirements for forming businesses. To start a business in Florida, the process involves:    

Choosing a Registered Agent 

A registered agent is a person or entity designated to receive legal documents on behalf of your business. In Florida, all businesses must have a registered agent who is available during regular business hours. This ensures that important legal notices are promptly received and handled. 

Obtaining Necessary Permits and Licenses 

Depending on your business type and location, you may need various state and local permits and licenses to operate legally. Common examples include: 

• Professional licenses: Required for businesses in certain regulated professions (e.g., healthcare, legal services) 

• Business operating licenses: Issued by local municipalities 

• Sales tax permits: Necessary for businesses selling goods 

Failure to obtain the required permits and licenses can result in fines and legal complications. 

Filing Formation Documents 

To legally form your business, you'll need to submit specific documents to the Florida Department of State: 

• Corporations: File the Articles of Incorporation. 

• Limited Liability Companies (LLCs): File the Articles of Organization. 

• Partnerships: File a Partnership Agreement or Statement. 

These documents provide essential details about your business, such as its name, address, registered agent, and management structure. 

How an Attorney Can Help in Your Business Formation 

Establishing a business involves critical decisions like selecting a name, registering with the state, obtaining necessary licenses and permits, drafting agreements among owners, setting up financial accounts, and complying with tax obligations. An attorney can assist with the following areas and more so that you can focus on growing your business:  

Drafting and Reviewing Contracts 

An attorney can draft, review, and negotiate contracts to protect your interests. This may include: 

• Partnership agreements: Outlining the roles, responsibilities, and profit-sharing among partners 

• Operating agreements: Establishing the rules for management and decision-making for LLCs 

• Vendor agreements: Setting clear terms and conditions for relationships with suppliers and service providers 

• Client contracts: Defining the scope of work, payment terms, and deliverables in client agreements 

• Non-disclosure agreements (NDAs): Protecting sensitive business information by having employees and partners sign NDAs 

Compliance With Employment Laws 

If you plan to hire employees, an attorney can promote compliance with employment laws, including: 

• Hiring practices: Helping you implement fair hiring practices and follow anti-discrimination laws 

• Employee contracts: Drafting clear employment contracts outlining job responsibilities and terms of employment 

• Workplace policies: Establishing policies on workplace conduct, safety, and dispute resolution 

Intellectual Property Protection 

Your business's intellectual property (IP) is a valuable asset. An attorney can help you implement the protective measures available, such as: 

• Patents: Protecting inventions and innovations by filing for patents  

• Trademarks: Registering your business name, logo, and slogans to prevent unauthorized use 

• Copyrights: Protecting original content, such as marketing materials and product designs 

Tax Planning and Compliance 

An attorney can also help with understanding tax obligations, including:  

• Federal taxes: Advising on income, self-employment, and payroll taxes 

• State taxes: Florida has no state income tax for individuals, but corporations may be subject to corporate income tax. 

• Local taxes: Facilitating compliance with any additional local tax requirements applicable to your business operations 

• Tax Identification Numbers: Assisting in obtaining an Employer Identification Number (EIN) 

Risk Management and Liability Protection 

An attorney can help you implement strategies to manage risks and protect against liabilities, such as: 

• Insurance: Advising on necessary insurance coverage, such as general liability and workers' compensation 

• Compliance audits: Conducting regular audits to confirm ongoing compliance with laws and regulations 

• Dispute resolution: Providing guidance on resolving disputes effectively to avoid litigation  

At Prasse-Anderson Law Group in Tampa, Florida, we guide business owners through the process of forming a successful enterprise. Reach out today to schedule a consultation.