How To Form An LLC In Delaware
To form an LLC in Delaware, you must complete a document called the Delaware LLC Certificate of Formation. You can obtain the Delaware LLC Certificate of Formation on the Delaware Division of Corporations’ website or click the document image or download button on this page. The Delaware LLC Certificate of Formation will cost $90 to file with the DE Division of Corporations. You can complete the certificate of formation yourself or hire us to do it for you. If you’re forming a Delaware LLC on your own, you can file by mail or by fax. Standard Delaware LLC formation times are somewhere between 3 and 5 business days, however, you can expedite the filing to Next Day service for $50 or Same Day for $100. One advantage to hiring Northwest to form your Delaware LLC is that we are one of only a few companies that have direct online filing access with Delaware Division of Corporations, which will help speed up your filing time. Regardless of how you file your Delaware LLC Certificate of Formation, you need to know that this formation process is only the first step in truly forming a Delaware LLC. To enforce your Delaware LLC as a legally viable business entity, you will need to complete the following steps:
- File the formation document called the Delaware LLC Certificate of Formation
Pay the $90 filing fee to the Delaware Division of Corporations
Wait for confirmation from the Delaware Division of Corporations that your certificate of formation has been recorded. They will send you a stamped copy of your certificate of formation.
Get an EIN Number (Federal Tax ID Number) for your Delaware LLC
Create and adopt a Delaware LLC Operating Agreement
Take these documents to the bank and open a bank account for your Delaware LLC
- If you’re operating a business in Delaware, you must register with the Delaware Department of Revenue to obtain a Delaware business license. However, if you’re simply registering your business in Delaware and are not actively engaged in commerce inside state lines, you will not need a Delaware Business License.
How to File a Delaware LLC Certificate of Formation
To complete the Delaware LLC Certificate of Formation, you must list the following information (for a more indepth description, see Certificate of Formation Requirements at the bottom of this page):
Choose a name for your new LLC
- Decide if you want to hire a registered agent service to minimize the public disclosures, then list your registered agent
- If your LLC has a specific date of dissolution, you must list it
- List any other information you want to about the company, but nothing is required.
Sign and date the certificate of formation
- The person authorized to complete the articles must sign and print their name.
If filing by mail include a check for $90 for the filing fee and mail to the Delaware Division of Corporations. If filing by fax, send to (302) 739-3812 and include a cover letter and include your credit card information.
$100 gets our Corporate Guides™ who will form your Delaware LLC with the most asset protection possible, plus:
- Custom LLC articles of Organization
- We form your LLC
- Resolutions showing you own it
- DE LLC operating agreement
- DE LLC membership certificates
We’re with you for the long haul:
- We’ll be your registered agent
- DE annual report reminders
- DE business forms and info
- Talk to a Corporate Guide™ anytime
- Use Our Address - Not Yours
- Registered Agent Service Included
- Corporate Guides™
Delaware Limited Liability Company
How do I form a Delaware LLC?
File a Certificate of Formation with the DE Secretary of State. Forming an LLC in Delaware will cost a $90 state filing fee. The Delaware Secretary of State – Corporations Division is in charge of filing LLCs, and it will take about 3 weeks to process your Delaware limited liability company certificate of formation.
What is required to file Delaware LLC Certificate of Formation?
To form a Delaware LLC, you file Delaware an LLC Certificate of Formation. The Delaware Certificate of Formation costs $90 to the Delaware Secretary of State. These LLC articles can be basic or complicated. We custom draft your Delaware LLC Certificate of Formation when you hire Northwest to do your Delaware LLC registration, but if you’d like to save some money, you could just hire us as your DE registered agent, and then we supply you all the correct forms to file and filing instructions in your online account immediately. Delaware doesn’t require much information to form an LLC. The Delaware Certificate of Formation requirements are:
- The business name must have a limited liability company ending or variation of it.
- The new Delaware LLC’s name must be different than already registered Delaware companies. You can perform a free business name search to find a unique name.
- Duration of the Delaware LLC is perpetual unless you list a dissolution date.
- The Delaware registered agent and the physical address
- The Delaware organizer’s name and signature.
Delaware does not require original signatures on filings. The registered Delaware LLCpaperwork will be mailed to the person who made the filing. If you file online, you can see all the filed documents immediately.
What’s the actual process to start a Delaware LLC?
- Delaware LLC registration is started when you file the Certificate of Formation for a Delaware LLC with the Secretary of State.
- You obtain a federal tax ID number with the IRS after you have confirmation from Delaware that the LLC is completely filed.
- You should be able to open an LLC banking account with these two items.
- All Delaware businesses are required to have a Delaware Business License. The Delaware Business License obtained from the Division of Revenue. If you have employees you will have to register with the Department of Labor and the Division of Workers Compensation. Delaware has a One Stop Business Licensing Service that allows you do all of these registrations. We provide all these forms and links in your online account.
- You obtain a trade license, if you actually need one. (Most businesses don’t.)
- You obtain a local city or county general license, if you need one.
- You obtain a local trade license, if the city or county you’re going to be working in requires it.
- If you’re going to have an office or shop, you might need an approval from the city zoning for your type of business in that location.
What is included in your Delaware LLC formation service?
- Drafting custom Delaware company certificate of formation.
- We make the state filing with the DE Secretary of state.
- Organizing the initial resolution.
- Delaware LLC operating agreement.
- The state filing fees.
- Delaware registered agent service
- Our fees are: $100 LLC filing service and $125 Delaware registered agent service.
Total Delaware company cost if you use our services:
$315 for an LLC and that includes the state’s filing fee.
Any DE company expedited options?
We can expedite your LLC with Delaware and complete your filing in as little as one day.
Do I need a DE registered agent?
Yes, you must list your registered agent on the certificate of formation.
Do I need a Federal Tax ID Number?
Yes. Having a tax ID number or FEIN will be necessary to open a business bank account or hire employees.
How much does a DE LLC cost each year?
There are no annual report filings for Delaware LLCs. However, LLCs are required to pay a DE annual tax of $300. Tax fees are due no later than June 1st of each year.
What are the taxes for a Delaware LLC?
Delaware LLCs are subject to Delaware taxes. The Delaware personal net income tax rate(s) are:
There are also a lot of local income taxes with an average rate of .16%. There is no Delaware sales tax.
What else do I need to know about my Delaware LLC?
Delaware LLCs are very popular, so we try to give you as much information as possible. In addition to learning about How to Form a Delaware LLC, we can also offer the following information to help you manage your LLC:
- Registering an LLC in Another State
- Delaware Certified Copy
- Delaware Apostille
- Delaware LLC Reinstatement
- Delaware LLC Dissolution
What other forms do I need to help manage my Delaware LLC?
We are all about making your life easier. We provide the following LLC Forms free of charge:
Is the Delaware LLC right for my business?
Want to compare entities? See our Delaware Corporation page.