business-registration, llcI’m filing for an LLC in Florida (parents live there) for monetary savings (e.g., $200 to file in NYC, $125 to file in Florida), but I’m based out of NYC. I just submitted the Articles of Organization (located here, then go to Florida LLC Forms), but think I made a mistake.
Basically, to file in Florida, I needed to add them as a Registered Agent and their address. Lower on the form it asks for Name And Address of Person(s) Authorized to Manage LLC. Given that they’re listed as a Registered Agent, I assumed they would also be Authorized Persons. I’ve listed all three of us as AMBR (Authorized Member: authorized to execute and file records with this office).
Now as I’m filling out the Operating Agreement, the Florida Filing website suggests a Multi-member Organization, and asking for % interest per member.
Question: I’m wondering if putting their names (parents) as Authorized Persons was unnecessary (not needed for them being Registered Agents) and adds liability to them as well as me. I should be the only member with any sort of liability, and they should only be agents based in Florida. Is that the case?
Side note: I think it’s okay if I file outside the state I live in, as this article states:
However, it’s important to consider the fees and state income taxes your business may be required to pay if you file in your home state. For that reason, if your business has no physical facility or storefront—a consulting business, for example—or if you plan on conducting the majority of your business out of state, you should consider starting an LLC in a state other than your home state.
I know this isn’t your question, but are you sure that there are tax benefits to creating an LLC in FL? If you live and work in NYC, I suspect there are not any tax benefits.
For your question, the registered agent should not be a member. I suspect you want a single-member LLC where you will be the only member. All members share in profits and losses.
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