FAQs
Does a Series LLC eliminate the need for good recordkeeping?
No. It makes recordkeeping more important. Florida law requires each protected series to maintain clear records identifying its associated assets. If assets are not properly documented as belonging to a specific series, the liability protection the structure is designed to provide may not hold.
Is the Series LLC available in Florida?
Yes. Florida’s Series LLC framework became effective on July 1, 2026 under Chapter 605 of the Florida Revised Limited Liability Company Act. It is a new addition to Florida law and there is not yet an established body of Florida court decisions interpreting how it will be applied in practice.
What is due diligence and why does it matter?
Due diligence is the process of verifying the condition of a business before you commit to buying it. From a legal standpoint, it involves reviewing contracts, corporate records, liabilities, and other documents to identify anything that could affect the price, the terms, or the decision to proceed. Skipping due diligence is one of the most common — and most expensive — mistakes buyers make.
What kind of law does South Florida Business Attorney PLLC practice?
This is a transactional business law firm, which means the focus is on the legal documents and structures that support business operations and transactions — contracts, entity formation, business sales and acquisitions, and outside general counsel services.
What is a personal guarantee and should I be concerned about signing one?
A personal guarantee makes you individually responsible for a business obligation if the business cannot fulfill it. It bridges the gap between business liability and personal liability. You should understand exactly what you are guaranteeing — and whether the terms are negotiable — before you sign.
What happens to existing contracts when a business is sold?
Contracts do not automatically transfer to a new owner. Each contract that is intended to survive the sale must be formally assigned, and in most cases the other party to that contract must consent to the assignment. Identifying which contracts require consent — and managing that process — is a critical part of any business sale.
What is the difference between a transactional attorney and a litigator?
A transactional attorney focuses on preventing legal problems — drafting contracts, structuring deals, and building the legal infrastructure that keeps a business running soundly. A litigator handles disputes once they have reached the courts.
How do I know if my question falls within this firm’s practice area?
If your question involves a contract, a business structure, a transaction, or the day-to-day legal needs of running a business, there is a good chance it does. If it involves a lawsuit, an employment dispute, a criminal matter, or a real estate closing, it likely falls outside this firm’s scope. When in doubt, reach out; a brief conversation will clarify quickly.
What is a fictitious name and do I need one?
A fictitious name — also called a DBA or “doing business as” — is required in Florida if you operate your business under a name that is different from your legal entity name or your own name. It is a registration, not a separate legal entity, and it does not give you trademark rights to the name.
How do I keep my LLC or corporation in good standing in Florida?
Florida requires all active business entities to file an annual report with the Division of Corporations — known as Sunbiz — by May 1st each year. Entities that miss the deadline face late fees, and entities that fail to file can be administratively dissolved.
The answers in this website are for general informational purposes only and do not constitute legal advice. Reading this page does not create an attorney-client relationship. For guidance specific to your situation, please schedule a consultation.
