1

This question is specific to Florida, US.

An LLC was formed in Aug of 2014. It failed to file an annual report. I just realized this and found that the LLC had become inactive. The state website, sunbiz.org, allowed it to be reinstated for just $100 more than the report fee. Elsewhere the site states that there is a $400 fee for filing late.

  1. Will that $400.00 still be charged?
  2. Does the owner lose the liability protection for business conducted during the inactive period? (My understanding is "yes")
  3. Is there anything else specific to this situation, besides avoiding a repeat, that should be considered?
  • Flagging as "Blatantly Off Topic" because that is the nearest flag. I think this belongs on law.stackexchange.com or some other site dealing with the legalities of running a business. It is not specific to freelancing. – kdopen Nov 10 '15 at 22:50
  • I disagree with kdopen because many freelancers will choose to form an LLC and many freelancers are likely to be more focused on coding or their graphic arts or whatever skill they sell and, like me, lose focus on some business aspects until brought to their attention. Thus a question whose answer might help others. (However narrow to only Florida, U.S.A.) – TecBrat Nov 11 '15 at 1:55
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    Don't misunderstand me. I think this is an excellent question, and one where the answers may be useful to freelancers. But the answers need to come from someone with legal knowledge beyond that which you are likely to find on this site. Unfortunately, the only "other site" I can select with that flag type is meta, and there's no "other" flagging option which lets me explain why I flagged it. – kdopen Nov 11 '15 at 19:07
  • I'm voting to close this question as off-topic because this is not about freelancing. – Xavier J Nov 30 '15 at 16:02
2

Will that $400.00 still be charged?

No. You probably paid during the very brief grace period.

Does the owner lose the liability protection for business conducted during the inactive period?

No. See "an LLC is not subject to loss of limited liability as a result of an inadvertent administrative failure" in https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/EC23884F95FAA0CE85256DF30071A3E6

Is there anything else specific to this situation, besides avoiding a repeat, that should be considered?

Florida annual filings are due May 1st. Tattoo it on your arm if you have to.

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