Legal Question in Business Law in Florida
I live on an island and would like to buy a golf cart and offer free rides, gratuities/donations optional. Do I have to register as a business if I plan to advertise? Or can I just do it without registering as an LLC as there is no charge and therefore no business?
1 Answer from Attorneys
You do not need to create a company (a corporation or a limited liability company) and register it with the State in order to do business. If you plan to use a trade name, such as "Joe's Golf Card Rides," then you should register the trade name as a "fictitious name" with the State. That way, no one else in your are can use the same name.
The advantage of creating a corporation or LLC is that it protects you personally. If you're giving someone a ride and, for example, they fall out of the golf cart and are injured, then they would sue you personally. If you had created a corporation, then they would sue the corporation and they could not go after your personal assets. You would also have to have the corporation purchase the golf cart to get it out of your name.
If you'd like some assistance setting up your business, our office would be happy to discuss it with you.
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