To form a Limited Liability Company in Delaware, file the Certificate of Formation with the Delaware Secretary of State. The LLC filing fee is $90. Approval for the LLC typically takes 1-2 weeks. 24-hour expedited processing is available for an additional $50. If you have questions, contact the Delaware Secretary of State, Division of Corporations.
How to form a new business entity in Delaware?
If the business is physically located in Delaware, then the business may act as its own registered agent. If the registered agent is other than the entity itself, please contact the selected Registered Agent used in your entity formation and inform them of your intentions.
Do you have to be an US citizen to have a Delaware LLC?
Other than residents of restricted countries (Cuba, Iran, North Korea and Syria), anyone can form a Delaware company and operate lawful business activities from anywhere in the world. You do not have to be an American citizen to form and/or operate a Delaware company.
Who is the contact person for a Delaware LLC?
The contact person must be an actual person (not another company) who is at least 18 years of age. The contact person does not have to be a member or manager of the LLC and does not need to reside in the United States or be a United States citizen.
Before filing the Certificate of Formation, you must first check the prospective business name with the Delaware Secretary of State for conflicts, which can be done online at Incnow.com. Additionally, Delaware law requires that all new LLCs have either “Limited Liability Company”, “LLC”, or “L.L.C.” in the company name.
Who is the registered agent for a Delaware LLC?
Agents and Corporations, Inc. (IncNow) will act as Registered Agent for companies incorporating in Delaware for a small annual fee. After formation, the Registered Agent receives State of Delaware notices and is required to be generally available during business hours to accept and forward court notices to you (service of process).
What makes a Delaware LLC a pass through?
A Delaware LLC is a business vehicle with a legal existence separate and distinct from its owners. Owners and managers are not personally liable for the company’s debts and obligations. A Delaware LLC has the ability to be treated as a pass-through entity for tax purposes.
Can a Delaware LLC be a sole proprietorship?
Delaware LLC members can choose whether they want their LLC to be taxed as an S corporation, C corporation, sole proprietorship or partnership. Once you decide which tax status you want your LLC to elect, you merely fill out the proper IRS forms.
