Delaware LLC Formation – FAQ

The filing fee for the Certificate of Formation in Delaware is $90. This is a one-time, non-refundable fee. There may also be additional fees for services like expedited processing or filing amendments. You can pay this fee online or via mail.

For a detailed list of fees, visit the fee schedule on the Delaware Division of Corporations website.

Yes, appointing a Registered Agent is a mandatory requirement for forming an LLC in Delaware. The agent must have a physical address in Delaware and be available during regular business hours to receive legal and tax documents on behalf of the LLC.

For more information on Registered Agents, check out the Registered Agent section on the Delaware Division of Corporations website.

To conduct a business name search in Delaware, you can use the Delaware Division of Corporations' online search tool. This will help you check the availability of a business name and avoid any conflicts with existing businesses. Just enter the desired name in the search bar and review the results for any matches.

For more information and to start your search, visit the Delaware Division of Corporations' Name Availability Search page.

Naming rules in Delaware require that your LLC name must be unique and not misleadingly similar to existing entities. Your LLC name must also end with “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.”

For a complete guide to naming rules, refer to the Name Reservation Guidelines on the Delaware Division of Corporations website.

Yes, you can reserve a business name in Delaware for a period of 120 days. This is useful if you are not yet ready to form your LLC but want to ensure the name remains available. The fee for reserving a name is $75.

To reserve a name, you can complete the Name Reservation Request Form available at the Delaware Division of Corporations.

A Delaware Registered Agent is a person or authorized entity responsible for receiving legal documents, including service of process, on behalf of your Delaware LLC. Having a registered agent is a requirement for forming an LLC in Delaware.

For a comprehensive guide on registered agents, you can visit the Delaware Division of Corporations Registered Agents page.

When choosing a registered agent, you have two main options: appoint an individual, such as yourself, or hire a professional registered agent service. The agent must have a physical address in Delaware where they can receive documents during business hours.

To compare various registered agent services, you can read reviews and look at pricing on business service comparison websites.

Yes, you can change your Delaware Registered Agent after your LLC has been formed. To do so, you'll need to file a Change of Agent form with the Delaware Division of Corporations and pay a filing fee. The form can typically be filed online or by mail.

For the exact steps to change your registered agent, visit the Delaware Division of Corporations' Change of Agent page.

Incorporating in Delaware offers numerous advantages such as favorable tax treatment, enhanced asset protection, and a business-friendly legal system. Delaware is renowned for its Court of Chancery, which specializes in corporate disputes. Many investors and venture capitalists prefer investing in Delaware-incorporated companies due to the state's sophisticated legal precedents in corporate law.

For more information, you can visit the Delaware Division of Corporations.

To incorporate in Delaware, you will need to:

1. Choose a unique business name that complies with Delaware naming requirements.
2. Appoint a Delaware registered agent.
3. File the Certificate of Incorporation with the Delaware Division of Corporations.
4. Pay the appropriate filing fees.
5. Create bylaws for your corporation.
6. Issue stock to the initial shareholders.

You can read the detailed steps at Delaware’s Incorporation Steps.

No, you do not need to be a resident of Delaware to incorporate your business there. However, you will need to appoint a Delaware registered agent who does have a physical address in the state to receive legal documents and service of process on behalf of your corporation.

For registered agent requirements, please refer to Delaware Registered Agent Requirements.