How to File a Delaware LLC Amendment
If you need to amend your Certificate of Formation for a Delaware LLC, you’ll need to file a Certificate of Amendment with the Delaware Secretary of State, Division of Corporations. Along with your amendment, you’ll need to include a cover letter and the $200 filing fee. Below, we provide instructions for how to file the Delaware Certificate of Amendment yourself.
Amend Certificate of Formation for a Delaware LLC
Over time, you may need to update your initial Certificate of Formation. Many of these updates can be made by filing a Delaware Certificate of Amendment.
When do I need to file Delaware LLC Certificate of Amendment?
An LLC in Delaware files a certificate of amendment to change an LLC’s name, duration, or registered agent. However, you can also change your Delaware registered agent by filing a Certificate of Amendment Changing Only the Registered Office/Agent of a Limited Liability Company ($50)—saving yourself some money. Delaware’s SOS does not require a principal or office address to be listed on the Certificate of Formation (just registered agent address), which means you can’t amend it here. You can, however, note the change of address in your Delaware Operating Agreement.
What do I include in the Delaware Certificate of Amendment?
To complete the Delaware Certificate of Amendment, you’ll need to include the following information:
- Business name: Provide the exact name of your Delaware LLC.
- Amendments: Enter all relevant updates/changes in the box provided.
- Signature: Sign the form, and print the name of the person filing the amendment. The form can be signed by anyone authorized to do business on behalf of your LLC.
- Fees: Include a payment for $200. Add an additional $200 for same-day processing OR $100 for 24-hour processing.
- Cover letter: Include your name, address, and phone number. The state does not provide this, so you will have to create your own.
How do I file the Delaware LLC Certificate of Amendment?
The Delaware Certificate of Amendment can only be filed by mail or in person. Payment must be made with a check or money order made payable to “Delaware Secretary of State.”
How much does it cost to file a Delaware Certificate of Amendment?
To submit a Delaware Certificate of Amendment, you’ll need to pay a $200 filing fee. Need it expedited? Add an additional $200 or $100.
How long does it take to process a Delaware Certificate of Amendment?
The Certificate of Amendment in Delaware takes 2-3 weeks to process. Expedited processing in Delaware can be done in as little as 24 hours.
Can I restate the initial certificate instead of filing a Delaware Certificate of Amendment?
Yes, you can restate your initial Certificate of Formation instead of filing an amendment. Just submit the Delaware Certificate of Revival. The filing fee is the same—$200.
Where do I submit Delaware LLC Certificate of Amendment?
Amendments are filed with the Delaware Secretary of State, Division of Corporations.
401 Federal Street Suite 4
Dover, DE 19901
Phone: (302) 739-3073