How to get around florida's public record


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I want to start a LLC in florida. However, I am worried about my home address being public info. I know that I can utilize a registered agent, however, the form also asks for the member manager's address. How do I avoid using my home address both for safety and for privacy?

LLC

asked Aug 2 '12 at 11:30
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Carol P123
6 points
Get up to $750K in working capital to finance your business: Clarify Capital Business Loans

1 Answer


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From The 2012 Florida Statutes Website :

658.23?Submission of articles of incorporation; contents; form; approval; filing; commencement of corporate existence; bylaws.—
(1)?Within 3 months after approval by the office and the appropriate federal regulatory agency, the applicant shall submit its duly executed articles of incorporation to the office, together with the filing fee due the Department of State under s. 607.0122.


(g)?The number of directors, which shall be five or more, and the names and street addresses of the members of the initial board of directors.

NOTE: It wasn't clear if the statute differentiates LLC from Corporations. Searching for "LLC" or "Limited Liability Corporation" produces no results. I looked into this quite a bit and the Florida statutes strongly suggest that a physical mailing address is required from all directors.. I also looked up a business in Florida just to see how hard it was to find an address in the public records. I looked up a restaurant in Key West, Florida called Blue Heaven and found addresses of several key people very quickly. I used SunBiz's Division of Corporations Free Search to find this information.

I originally wasn't going to post this because it really isn't what you want to hear. I believe this information should be public because too many unethical businesses take advantage of the many unshielded, divided individuals in the world and then try to hide behind the anonymity of the Internet. I'm not suggesting this describes you, but I hope you understand why these laws exist.

I don't know what type of business you're getting involved in. Perhaps it involves dealing with very dangerous people who may be motivated to do you harm, despite you acting ethically. With that said, I do empathize with your desire for safety and security.

There might be a workaround, but again, the law seems clear on this, at least in Section 658.23. The problem is that finding a workaround is going to involve finding a loophole in the law, and that means you must speak with an attorney who is qualified to give you this type of legal advice. Any answers here that tell you that you can get around this law should be judged with extreme skepticism and should be verified by an attorney. Stack Exchange isn't a good platform for giving such legal advice. Consider this as my legal disclaimer for what follows:

One possibility you might speak with an attorney about is registering your business under a name that differs from the public facing name. For instance, some partnerships form under the name of an umbrella corporation, and separate names are used for the public facing entities or brands. The attorney can tell you if this is possible. If nothing else, it might make it harder for people to find you, but not impossible. Hope this helps!

answered Aug 2 '12 at 14:20
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James Mortensen
363 points
  • DBA application usually requires publication in a local paper and is also a public record. DBA doesn't shield your privacy a tiny bit. I must admit it IS very annoying that by just searching one's name in the US you can get all the possible information about the person. It does make you feel naked in a way, but that's the country we're living in. Privacy is a curse here, like socialism... – Littleadv 11 years ago
  • @littleadv - It's also slowly slipping away. Kinda scary. – James Mortensen 11 years ago
  • jmort, thanks for your well-put answer. I have put in a call to my attorney to see if there is any loop hole. It will be a professional web-based company. Should be no unscrupulous characters :-) but I am worried about the public in that with just a "click" can find out owners' home addresses. I have 2 small children and am worried for their safety. I also live for my privacy but don't want my creative idea to suffer! – Carol P123 11 years ago
  • @littleadv I just went to florida's website also and thought of a company that is doing well and found the owner's home address. I looked to see if it was a home or business address and zillow was able to show me the home with the purchase price, how much its worth, his estimated monthly payment, and how much he last paid for it! This cannot be right!!!! And you wonder why there are so many home roberies. Unscrupulous people automatically think you are hording money because they have this info right at their fingertips. – Carol P123 11 years ago

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