Legal Question in Business Law in Florida

Operating Business

We have an LLC formed in Michigan. Members have purchased real estate in Florida to operate as vacation rental property. One member of LLC lives in Florida. Under which state's laws do we operate?


Asked on 5/09/05, 1:11 pm

3 Answers from Attorneys
Craig Dorne Craig M. Dorne, PA

Re: Operating Business

The Law of both states apply. Florida law applies to the property and you must register the company to do business in Florida.

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Answered on 5/10/05, 5:44 am
David Slater David P. Slater, Esq.

Re: Operating Business

While you operate under your Michigan LLC, since the property is in Florida, you should file also register your business in Florida

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Answered on 5/09/05, 2:23 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Operating Business

That depends. The LLC operates under Michigan law as it is a Michigan entity, but Florida law may also apply because the LLC's asset is real property located in Florida. Any matter that may arise in relation to the Florida property may be governed by Florida law because the real property is located in Florida. For example, if a dispute arises relating to the property, a claim could be filed in Florida because the property is located there or in Michigan because the owner of the property is a Michigan entity, giving any possible claimant the ability to select the forum it prefers. You should have the LLC register to do business in Florida with Florida's Department of State, Division of Corporations.

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Answered on 5/09/05, 8:34 pm


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