Obtaining a business license is not the same as forming an LLC or other legal entity for your business. A business license is generally required if you own and operate...
For more information on how to form an LLC in any state, see the article How to Form an LLC.
Learn about Delaware LLC formation, including information on Registered Agents, naming rules, business licenses, and more.
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A limited liability company (LLC) offers many benefits to small businesses, including liability protection and tax advantages.
A Limited Liability Company LLC must be formed in Delaware by filing a Certificate of Formation with the Delaware Department of State and paying the $90 filing fee.
However, you’ll first need to choose a name and registered agent for your Delaware LLC. The formation of an LLC may take up to 9-11 weeks if you file online (or 10-12 weeks if you file by mail). unless you pay an additional $50 for expedited processing (24 hours).
An LLC can be easily formed in Delaware. Our step-by-step guide on How to Start an LLC in Delaware will help you get started today. Find out more about LLCs and their benefits in our What is an LLC guide.
The first step to creating an LLC in Delaware is to choose a business name. Be sure that your business name complies with the Delaware naming requirements and can be searched by potential customers.
Follow these naming guidelines for Delaware LLCs:
Check URL availability: Check online to see if your business name is available as a domain. However, even if you don’t plan to make a business website today, you may still want to buy the URL so that it doesn’t get seized by others.
Yes, you can add a DBA to an LLC, if your LLC is doing business under a different trade name, most states require you to register a DBA. To learn more about DBAs, read our What is a DBA Guide.
A $75 fee can be paid to reserve an available name for 120 days. Reservations can be made online through the Delaware Division of Corporations' website, or you can print and mail the Application for Reservation of Limited Liability Company Name.
An LLC stands for a Limited Liability Company. A simple business structure that is more flexible and offers many of the same benefits as a traditional corporation. An LLC is one of several business entities, such as a sole proprietorship, partnership, and corporation (C-Corp and S-Corp). For more information, see "What is a Limited Liability Company?".
Your next step in forming an LLC in Delaware is to choose a Registered Agent, an individual or company authorized to recieve important legal documents, tax forms, notice of lawsuits, and official government correspondence on behalf of your business.
All Delaware LLCs must have a registered agent. Please include your registered agent’s name and address on your Articles of Organization .
To comply with Delaware law, your LLC’s registered agent must be a resident or business entity such as registered agent service authorize to run business in Delaware. The “registered address” cannot be a P.O. box. It must be a real physical address that can be visited in person.
Learn more about Delaware Registered Agents by reading our what is a registered agent guide.
A registered agent must either be a Delaware resident or a Delaware-authorized corporation, such as a registered agent service. You have the option of electing someone from your company, including yourself.
You can change your Delaware Registered Agent if you own a Delaware corporation or LLC and are unhappy with the service provided by your current Registered Agent. To change your Registered Agent, you must first fill out and submit a change of Registered Agent form.
You can manage government filings for your LLC by using a registered agent service. Most businesses benefit from hiring a professional service for more than the costs.
Wise Business Plans offers a free year of registered agent service when forming an LLC in Delaware.
To create your Delaware LLC, you will need to file a Certificate of Formation of Limited Liability Company with the Delaware Division of Corporations. The filing fee is $90. You may apply online, by mail, or in person.
We can also assist you with our business formation services, but we’ll go through the steps with you here.
The articles must contain:
The following information must be included:
If you’re bringing your existing LLC into the State of Delaware, you’ll need to set up a Foreign LLC.
The 1st option is:
Online filing through the State of Delaware Department
The 2nd option is:
Filing the Article of Organization by Mail
Address to Mail
There is a state filing fee of $90 payable to the Delaware Department of State (Nonrefundable)
Note: A cover sheet is required for mail-in filings.
Delaware Division of Corporations
401 Federal St.
Dover, DE 19901
In a member-managed LLC, the members (owners) take on the business's daily responsibilities. Manager-managed LLCs are managed by managers who are elected by the members. Those who manage your LLC will have the authority to do a wide range of tasks-from hiring staff to opening bank accounts.
An LLC is known as a "domestic LLC" when it operates in the state where it was created. Typically, when we talk about an LLC, we are actually referring to a domestic LLC. When an existing LLC wishes to expand its operations to another state, a foreign LLC must be formed.
When the state secretary of state receives your organization papers, your firm becomes operational. The secretary of state will process and send you a certificate of organization within five to seven business days.
An operating agreement is a legally-binding document that sets out how your LLC will operate, from the voting process to mergers.
Operating agreements are not required in Delaware, but they are an essential part of your business.
Written operating agreements are helpful for different reasons, including resolving disputes over financial agreements and other potential litigation.
The LLC declaration can prove that your LLC is a separate entity, which can help preserve your limited liability.
An operating agreement ensures that all business owners are on the same page and reduces the possibility of future conflict. Having an LLC operating agreement will:
The operating agreement should detail the LLC’s overall business purpose and other important matters, such as how the company will be taxed and how new members will be accepted. Legal agreements can clarify several important concerns, such as:
In Delaware, you can include just about anything in your operating agreement, as long as it doesn’t violate the state law or the Articles of Organization .
An operating agreement is not required in Delaware. Even if your LLC has only one member, it is highly recommended that you have an operating agreement. Operating agreements and governing documents are recognised by the state of Delaware.
Basically, an employer identification number (EIN) is a social security number for your LLC in Delaware.
To identify your LLC for tax purposes, the Internal Revenue Service assigns a nine-digit Employer Identification Number (EIN). You can apply for your EIN either by mail or online.
An EIN is used for the following purposes:
Where can I find an EIN? The IRS offers a free EIN. Getting an EIN is simple and may be done online or by mail.
Getting an EIN number is easy and free, There are two ways to get an EIN number in Delaware.
The 1st option is:
Apply online for an EIN from the IRS
The 2nd option is:
Get an EIN by Mail or Fax
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
To conduct business, a one-member LLC can either use the single owner's Social Security Number (SSN) or obtain a separate Employer Identification Number (EIN). If the LLC is a multimember LLC, an EIN is also required.
When you apply for an EIN, you will be informed of the various tax classification options available to you. The default tax status is chosen by the majority of LLCs.
Some LLCs, on the other hand, can reduce their federal tax liability by electing the S corporation (S corp) status.
The IRS requires that sole proprietorships get a new EIN when they convert to an LLC.
An SSN is not required to get an EIN. You can simply fill out IRS Form SS-4 and leave section 7b blank. Then call the IRS at 267-941-1099 to complete your application.
In Delaware, all limited liability companies (LLCs) must file and pay an annual franchise tax. This can be done online.
Tax Calculation: All LLCs will be charged $300.
Due Date: On or before June 1st, you must file and pay your taxes.
Late Filings: If you miss the June 1st filing deadline, you will be fined $200 plus 1.5 percent interest per month.
Get the easiest and fastest Delaware LLC formation online with Wise business Plans.
Your personal assets (such as your home, car, and other valuables) may be at risk when your Delaware LLC is sued if they are mixed with your business accounts.
Here are some steps you can take to protect your LLC in Delaware:
If you decide that a Delaware LLC will be a good choice for your business in Delaware, your next step is to create a business plan (although it is not required), so that you have a roadmap for what you will do and how you will accomplish it.
Do you need help creating a business plan? Check out these six free, proven business plan examples from different industries to help you write your own.
As soon as your LLC is officially formed, you should open a business bank account. Why? Keeping separate bank accounts will help you maintain the legal distinction between the LLC and you (the owner).
Because LLCs are limited liability companies, creditors and litigants can’t take your assets.
It is essential for small business owners to partner with the right bank. Find out which banks offer the best business checking accounts, have low or no fees, ATM accessibility, and interest-earning accounts as well as online or mobile banking tools.
Recommended: Check out our business bank account page to learn which banks offer the best business check accounts, ATM access, interest-bearing accounts, and online and mobile banking options for businesses.
You can manage risks and grow your LLC with business insurance. Here are the most common types:
Let us help you with your business insurance needs.
A website is an important step in legitimizing your business. It is essential for all businesses. You are missing out on a large percentage of potential customers and revenue if you don’t have a website, even if your business is too small or in an offline industry.
More than 90% of consumers begin their search for products and services online. If you don’t have a website that is ready to welcome your customers, then they will simply find your competitors.
Here are the main reasons why you shouldn’t delay building your website:
Recommended: If you want to enhance your conversion rates and maximize revenue in order to help expand your business and meet objectives, you should always hire a professional business website design company to build your business website.
Wise Business Plans is a leading web design company, We have created over 2000 + websites across 20 countries for our clients but we are physically based in 7 major cities in the United States including Alabama web design, Pennsylvania, Las Vegas, Colorado Springs, Iowa, Michigan and San Diego.
A Delaware limited liability company (LLC) costs $90 to form online. When filing the LLC's Certificate of Formation, this fee is paid to the Delaware Department of State.
If you file online, you can form an LLC in Delaware in 9-11 weeks (or 10-12 weeks if you file by mail). You can pay for expedited processing if you need your Delaware LLC sooner.
How to dissolve a Delaware Limited Liability Company (LLC)
Since 1996, Delaware has enabled the formation of a series LLC. An LLC can form series of members, managers, interests, and/or assets under the Delaware Limited Liability Company Act (the "DLLCA") by allowing for such a series structure in the LLC agreement.