Most guides for international buyers assume you are starting from zero — no entity, no U.S. presence, no structure. But many Latin American investors already operate through a Mexican S. de R.L., a Colombian SAS, a Panamanian corporation, or another non-U.S. business entity. The question is not how to form a new LLC — it is whether your existing entity can acquire Florida land directly, and if not, what the fastest compliant path looks like. This guide answers both.
Can a non-U.S. entity take title to Florida real estate?
Yes — with conditions. Florida law does not prohibit foreign corporations, LLCs, or similar entities from owning real property. However, a foreign entity that conducts business in Florida — which includes acquiring and holding investment real estate — is generally required to register with the Florida Division of Corporations before transacting.
An unregistered foreign entity can technically close on a property, but it creates title complications, banking problems, and ongoing compliance exposure. Title companies may refuse to insure the transaction. The entity may be unable to open a U.S. bank account. And if the entity ever needs to enforce a contract in Florida court, lack of registration creates procedural obstacles.
The practical answer: register before closing, not after.
Florida also has disclosure requirements for certain foreign government-affiliated entities acquiring agricultural land or land near military installations. For standard commercial real estate investment by private Latin American entities, these restrictions generally do not apply — but verify with Florida counsel if your entity has any government ownership or affiliation.
Your four structural options
Before registering anything, the first decision is whether to use your existing entity at all, or to form a new U.S. structure as the acquisition vehicle.
| Structure | Summary | Best for |
| Form a new U.S. LLC ✓ Recommended | Florida or Wyoming LLC formed specifically for the acquisition. No apostille, no foreign registration complexity, U.S. bank account is straightforward, title companies are familiar | First-time U.S. acquisitions — fastest and cleanest path regardless of existing entity |
| Register your foreign entity in Florida | Your existing foreign entity registers as foreign corporation/LLC in Florida. Requires apostilled documents, registered agent, sunbiz.org filing. Adds 2–6 weeks | When consolidating ownership under your existing corporate structure is a priority |
| Foreign entity owns a U.S. LLC | Your foreign entity becomes sole member of a new U.S. LLC, which takes Florida title. Clean separation between U.S. operations and foreign holding | Larger portfolios or investor group structures |
| Foreign entity — unregistered ✗ Avoid | Closing through an unregistered foreign entity. Creates title insurance refusals, banking obstacles, court enforcement problems | Not recommended under any circumstance |
The registration process for non-U.S. entities — step by step
Registering a non-U.S. entity in Florida is more involved than registering an out-of-state U.S. LLC. The key difference is document authentication — Florida requires proof that your entity exists and is in good standing in its home jurisdiction, and that proof must be properly authenticated for use in a U.S. proceeding.
Step 1 — Obtain a Certificate of Existence or Good Standing from your home jurisdiction
This document confirms your entity is active and in good standing where it was formed.
- Mexico: constancia de inscripción from the Registro Público de Comercio
- Colombia: certificado de existencia y representación legal from the Cámara de Comercio
- Panama: certificate of good standing from the Registro Público
Timeline: 3–15 business days depending on country
Step 2 — Apostille the document
Florida requires that foreign public documents be authenticated via apostille before they are accepted in U.S. legal proceedings. An apostille is a standardized certification issued by the competent authority in the issuing country confirming the authenticity of the underlying document.
Mexico, Colombia, Panama, Venezuela, Argentina, and Brazil are all signatories to the Hague Apostille Convention — their documents can be apostilled domestically. The apostille is affixed to the original document.
Timeline: 5–20 business days depending on country and issuing authority
Step 3 — Obtain a certified English translation
Florida requires all non-English documents submitted in state filings to be accompanied by a certified English translation. The translator must certify that the translation is accurate and complete. Use a professional certified translator — not a bilingual employee or machine translation.
Timeline: 3–7 business days for a professional certified translation
Step 4 — Appoint a Florida registered agent
Every entity registered in Florida must maintain a registered agent with a physical Florida address — not a P.O. box. The agent receives legal and regulatory notices on the entity’s behalf. Commercial registered agent services cost $50–$150 per year.
Can be set up in 24–48 hours via commercial service
Step 5 — File the Application for Authorization with the Florida Division of Corporations
File at sunbiz.org under the Foreign Corporation or Foreign LLC section. Provide: legal entity name as it appears in its home jurisdiction, jurisdiction of formation, date of formation, principal office address, and Florida registered agent information.
Filing fee: approximately $125 for LLCs or $70 for corporations — verify current fees at sunbiz.org before filing.
sunbiz.org → Foreign Entity Registration
Step 6 — Obtain the Florida document number and confirm authorization
Florida issues a document number upon approval. This is what title companies use to verify the entity is authorized to transact. Online filings process in 3–7 business days. Confirm the entity appears in the sunbiz.org search before scheduling any closing.
Step 7 — Obtain an EIN from the IRS for the entity
The entity needs a U.S. Employer Identification Number for closing, banking, and tax compliance. Foreign-owned entities apply by calling the IRS Business and Specialty Tax Line — not online. The call is free, processing is same-day, and no U.S. address is required.
IRS: +1 (267) 941-1099 · Mon–Fri 6am–11pm EST
Country-specific notes for Latin American investors
| Country | Common entity type | Apostille authority | Key consideration |
| 🇲🇽 Mexico | S. de R.L. de C.V. / S.A. de C.V. | Secretaría de Gobernación (federal) or Secretaría General del Gobierno (state) | Hague signatory. Constancia from Registro Público required. Timeline 5–15 days |
| 🇨🇴 Colombia | S.A.S. / Ltda. | Cancillería de Colombia | Certificado de existencia must be recent (under 30 days). Apostille at Cancillería offices in Bogotá and major cities |
| 🇵🇦 Panama | Sociedad Anónima (S.A.) | Ministerio de Relaciones Exteriores | Bearer share structures must be resolved before U.S. registration — U.S. financial institutions require identified beneficial owners |
| 🇻🇪 Venezuela | C.A. / S.R.L. | Ministerio del Poder Popular para Relaciones Exteriores | Venezuelan-origin entities face heightened U.S. banking scrutiny due to OFAC. Verify entity and beneficial owners against OFAC SDN list. Consider forming a new U.S. LLC as an alternative |
| 🇦🇷 Argentina | S.A. / S.R.L. | Ministerio de Relaciones Exteriores y Culto | Currency controls affect outbound wire transfers — coordinate with a cross-border specialist on fund transfer structure |
| 🇧🇷 Brazil | Ltda. / S.A. | Cartório de Notas (notarial office) | Brazil apostilles through notarial offices, not a central ministry. Document must first be notarized at a Cartório, then apostille affixed. Add 5–10 days |
If your country is not listed, verify Hague Apostille Convention membership at hcch.net. Non-signatory countries require consular legalization — a significantly longer process involving both the home country foreign ministry and the U.S. Embassy or consulate.
Documents required at closing
A Florida title company closing a transaction where the buyer is a foreign entity will require the following. Prepare these before scheduling closing.
| Document | Notes |
| Certificate of Existence / Good Standing | Apostilled original with certified English translation. Must be within 90 days of closing |
| Florida Authorization document number | From sunbiz.org — confirms the entity is registered to do business in Florida |
| EIN confirmation letter (IRS Form CP 575) | Required for closing disclosure and any financing documents |
| Organizational documents | Articles of incorporation or equivalent — apostilled and translated |
| Authority to sign | Resolution or incumbency certificate confirming who is authorized to execute closing documents |
| Beneficial ownership disclosure | Most title companies now require disclosure of individuals holding 25%+ of the entity — related to FinCEN requirements |
FinCEN’s Geographic Targeting Orders (GTOs) require certain title insurance companies in specific Florida counties to report beneficial ownership information for all-cash purchases above a threshold. Confirm with the title company whether GTO reporting applies to your transaction.
Total timeline: from entity documentation to closing
| Phase | Timeline | What’s happening |
| Request Certificate of Existence | Week 1–2 | Initiate immediately — longest variable in the process |
| Apostille + certified translation | Week 2–4 | Can run in parallel once certificate is issued |
| Florida registration filing | Week 3–4 | File at sunbiz.org once documents are ready — 3–7 day processing |
| EIN from IRS | Week 4 | Phone call — same-day processing |
| U.S. bank account or wire confirmation | Week 4–5 | In-person required at most major U.S. banks for foreign entities |
| Offer → due diligence → closing | Week 5–8 | Standard closing timeline once entity documentation is in place |
Start the apostille process before you identify the property — not after.
The alternative that most investors choose
After reviewing the foreign entity registration path, most Latin American investors making their first U.S. land acquisition conclude that forming a new U.S. LLC is the faster, cleaner, and lower-cost option — even if they already have a foreign entity they could use.
The apostille process, the translation requirements, the Florida registration timeline, and the banking complications with non-U.S. entities add 4 to 8 weeks and meaningful administrative complexity to a process that takes 1 to 3 days with a new Florida LLC.
The foreign entity registration path makes sense when consolidating ownership under an existing corporate structure is a strategic priority — multi-property portfolios, estate planning structures, or investor group arrangements where the foreign entity is already the organizing vehicle. For a single acquisition, it is usually over-engineering.
At Land By Owner, both U.S. LLCs and properly registered foreign entities qualify for seller financing on eligible parcels. If you are evaluating your structure before making an offer, the listings are available when you are ready to move forward.
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