Posted in Asset Protection,Business & Corporate Law

Florida has recently amended the law regarding what must be included in the name of professional businesses formed after January 1, 2014.  Below is a brief summary of the changes.  Companies formed prior to January 1, 2014 are not required to update the entity’s name to conform to the new requirements.  However, the entity’s name should still conform with Florida law prior to the recent amendments.  See our prior Blog Post (LINK) on what a professional service corporation or professional limited liability company is for more information on professional businesses.

If a Florida professional limited liability company is established after January 1, 2014, Chapter 621 of the Florida Statutes requires that the word “chartered,” “professional limited liability company,” the abbreviation “P.L.L.C,” or the designation “PLLC” be included in the entity’s name.[1]  If the entity is a Florida professional corporation formed after January 1, 2014, Florida law requires that the word “chartered,” “professional association,” or the abbreviation “P.A.” be included.[2]  Chapter 621 of the Florida Statutes does permit a professional limited liability company or a professional corporation to operate without the required words or abbreviations above.[3]  To do so, the entity must first register the name to be so used as a fictitious name.  As before, the names must be distinguishable from existing names.  See the Division of Corporation’s website for more information.

The documents that are filed with the Division of Corporations and other agencies are important as they determine the business name that the owner is permitted to use.  To avoid fines and penalties for failing to comply with the above requirements and to ensure your professional business in Florida is operating as required, it is wise to consult with a qualified business attorney in St. Augustine or elsewhere in Florida.

[1] Section 621.12, Florida Statutes (2014).

[2] Section 621.12(2)(a), Florida Statutes (2014); Section 621.12(2)(b)(1), Florida Statutes (2014).

[3] Section 621.12(4), Florida Statutes (2014).