How to Form an LLC in Delaware

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Forming a Limited Liability Company in Delaware is relatively easy.  This article should give you resources to understand how the process works in Delaware, and to use the legal forms from the Delaware Secretary of State to form an LLC in Delaware.


Your first step to forming an LLC in Delaware is to obtain a registered agent. Delaware law requires that every business has and maintains a registered agent in the state of Delaware who must be either an individual resident or a business entity that is authorized to do business in Delaware. The registered agent must have a physical address in Delaware. There is a list of Delaware Registered Agents available here: http://corp.delaware.gov/agents/agts.shtml. If the business is going to be physically located in Delaware, then it may act as its own registered agent.


While not required, it is advised to check the availability of a company name before filing any paperwork. There are two ways to approach reserving your name, either online or mailing in an application. To reserve your name online you can do so at the Secretary of State Name Availability Search page (https://delecorp.delaware.gov/tin/EntitySearch.jsp). The fee is $75.00, and the name is held for a period of 120 days. If you choose to submit the forms, you can print the Application for Reservation of a Corporate name, and mail it to: Delaware Division of Corporation, 401 Federal Street, Suite 4, Dover, DE 19901, with the application fee of $75.00 included.


Next, you will fill out a Certificate of Formation of a Limited Liability Company. Sample forms are available on the Web site (http://corp.delaware.gov/llcform09.pdf). A cover form is required for your forms and an example can be located here: http://corp.delaware.gov/filingmemo.pdf. It must include your name or entity name, return address and phone number. Instructions are included on the example. Once the forms are completed you may either mail or fax the request. The mailing address is Delaware Division of Corporations, 401 Federal Street, Suite 4, Dover, DE 19901. The filing fee is $90.00 for one page. All fees must be paid upon submission of the request.


Limited Liability Companies in the State of Delaware do not file an Annual Report, however they are required to pay an annual tax of $250.00. These taxes should be received no later than June 1st of each year.


There are many companies that offer the service of filing these articles on your behalf, such as FileOnline  or LegalZoom.