QUESTION

operating agreement for a Florida LLC and More regulation questions.

Asked on Mar 21st, 2014 on Business Law - Florida
More details to this question:
Hello, We formed an LLC in Florida and got a simple operating agreement from one of the professional websites. I am looking to get a permanent operating agreement. This is something I want done as soon as possible. I am looking for a business lawyer in Florida to help with the matter. I am also looking for registration of the business in Florida as a MSB. Need help with the requirements and the regulations. Need to file Trademark, copyright, Service Mark
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1 ANSWER

Advertising and Marketing Attorney serving Pilot Point, TX at Law Office of Lisa Renee Wilcox
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Registration of a Money Services Business in Florida is governed by the Florida Office of Financial Regulation and specifically under Florida Statutes Chapt. 560.  The minimum requirements to qualify as an MSB are: 560.1401 Licensing standards.— an applicant must: (1) Demonstrate to the office the character and general fitness necessary to command the confidence of the public and warrant the belief that the money services business or deferred presentment provider shall be operated lawfully and fairly. (2) Be legally authorized to do business in this state. (3) Be registered as a money services business with the Financial Crimes Enforcement Network as required by 31 C.F.R. s. 103.41, if applicable. (4) Have an anti-money laundering program in place which meets the requirements of 31 C.F.R. s. 103.125. (5) Provide the office with all the information required under this chapter and related rules.   In regard to the operating agreement for your LLC, you will want to consider that Florida's LLC laws have changed substantially as of January 1, 2014.  This means that any operating agreement that you find on the internet needs to reflect that it has been updated under the new LLC laws.  The trademark needs to be used in the steam of commerce or you intend to use it in the steam of commerce in the next six months.  Copyrights have a different set of requirements to be eligible for registration.   To assist with any of the matters that you have mentioned would of course require more detailed information. 
Answered on Mar 22nd, 2014 at 5:01 PM

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