Navigating the process of forming an LLC in Delaware, a renowned hub for business entities, requires insight into timelines and procedures.
This article provides clarity on the registration journey, emphasizing the duration and sequential steps necessary to successfully set up a Limited Liability Company in Delaware.
Approval Time for a Delaware LLC
Online Filing: You can get an LLC in Delaware in 3-5 business days
Mail Filing: Filing by mail can take about 3-4 weeks
Delaware LLC Filing Steps
Online Filing
How to file online for a Delaware LLC on the Delaware state website:
1. Go to the Delaware Division of Corporations website (https://corp.delaware.gov/).
2. Click on the “LLC Formation” tab on the top menu.
3. Select “File Online Now” to begin the online filing process.
4. Select “New Entity Formation” and then select “Limited Liability Company (LLC)” as the entity type.
5. Choose a name for your LLC that complies with Delaware’s naming requirements.
6. Enter the name and contact information of the registered agent you have chosen for your LLC.
7. Provide the name and contact information of the LLC’s members or managers.
8. Provide any additional information required, such as the purpose of the LLC and the effective date of formation.
9. Review the information you have entered and make any necessary changes.
10. Pay the $90 filing fee using a credit card or ACH transfer.
11. Wait for the Delaware Division of Corporations to process your application. You will receive a confirmation once your LLC has been formed.
Overall, filing online for a Delaware LLC on the Delaware state website involves selecting “LLC Formation”, choosing “File Online Now”, selecting “New Entity Formation”, entering information about your LLC, and paying the required fee. It’s a straightforward process that can be completed relatively quickly.
Filing by Mail
To file for a Delaware LLC by mail, follow these steps:
1. Download and fill out the Certificate of Formation form for LLCs, which can be found on the Delaware Secretary of State’s website.
2. Include the required information in the form, such as the name of the LLC, the address of the principal place of business, the name and address of the registered agent, and the names and addresses of the LLC’s members or managers.
3. Prepare a cover letter that includes your contact information, the name of the LLC, and a check or money order for the filing fee of $90, made payable to “Delaware Secretary of State.”
4. Mail the completed Certificate of Formation form, the cover letter, and the filing fee to the following address:
Delaware Division of Corporations
401 Federal Street, Suite 4
Dover, DE 19901
5. Wait for confirmation from the Delaware Secretary of State’s office that your LLC has been approved and officially formed.
Note that processing times for mail filings may take longer than online filings. If you have any questions or need additional assistance, you can contact the Delaware Division of Corporations by phone at (302) 739-3073 or by email at corp@delaware.gov.
That’s it! With these steps, you should be able to start an LLC in Delaware either by mail or online. It’s always recommended to consult with an attorney or accountant to ensure you’re following all the necessary steps for your specific business.
Steps to Form an LLC in Delaware
Here is a breakdown of the steps involved in getting an LLC in Delaware and an estimate of how long each step takes.
Step 1: Choose a Name for Your LLC
The first step in forming an LLC in Delaware is choosing a name for your business. You will need to make sure the name you choose is available and not already in use by another business in the state. You can search the Delaware Secretary of State’s online database to see if the name you want is available.
Timeframe: This step can be done relatively quickly, usually within a day or two.
Step 2: File Articles of Organization
Once you have chosen a name for your LLC, you will need to file Articles of Organization with the Delaware Secretary of State. This document establishes your LLC and includes basic information such as the name of the LLC, the registered agent, and the members of the LLC.
Timeframe: Filing the Articles of Organization typically takes around one to two weeks. However, if you choose to file online, you may receive confirmation of your LLC’s approval within a few days.
Step 3: Obtain an EIN
An EIN, or Employer Identification Number, is a unique nine-digit number that identifies your LLC for tax purposes. You will need to obtain an EIN from the IRS, even if you do not plan to hire employees.
Timeframe: Obtaining an EIN can usually be done quickly online, and you will receive your number immediately.
Step 4: Apply for Business Licenses and Permits
Depending on the type of business you plan to operate, you may need to apply for additional licenses and permits from the state or local government. This can include things like a business license, sales tax permit, or professional license.
Timeframe: The time it takes to obtain business licenses and permits can vary widely depending on the type of license or permit you need. Some licenses and permits can be obtained quickly, while others may take several weeks or even months to process.
Step 5: Create an Operating Agreement
Although it is not required by Delaware law, it is recommended that you create an Operating Agreement for your LLC. This document outlines the management structure of your LLC and the rights and responsibilities of the members.
Timeframe: Creating an Operating Agreement can take several days or even weeks, depending on the complexity of your LLC’s management structure and the number of members.
Overall, the timeline for getting an LLC in Delaware can range from a few days to several weeks, depending on the complexity of your business and the number of licenses and permits you need to obtain.
If you are in a hurry to get your LLC up and running, you may want to consider using an online formation service, which can expedite the process significantly.
However, if you have a more complex business structure or need to apply for multiple licenses and permits, it may take longer to complete the process.
Should I Hire an LLC Filing Service in Delaware?
Whether or not to hire an LLC filing service in Delaware depends on your specific needs and circumstances.
An LLC filing service can be helpful if you’re unfamiliar with the formation process, need assistance with paperwork and filing, or simply want to save time and hassle. LLC filing services can take care of the paperwork and filing process for you, so you can focus on running your business. Additionally, some LLC filing services may offer additional services, such as registered agent services or tax advice.
However, if you’re comfortable with the formation process and have the time and resources to handle the paperwork and filing yourself, hiring an LLC filing service may not be necessary. You can file the Articles of Organization yourself by mail or online, and the process is generally straightforward. Additionally, hiring an attorney or accountant to review your documents and provide guidance can be a more cost-effective option than hiring an LLC filing service.
Ultimately, the decision to hire an LLC filing service in Delaware is a personal one and depends on your specific needs and circumstances. It’s always recommended to do your research, compare costs and services, and consult with professionals before making a decision.
Conclusion
In summary, while the process of obtaining an LLC in Delaware can take a bit of time, it is a relatively straightforward process that can be completed with a little bit of effort and attention to detail.
By following the steps outlined above, you can get your LLC up and running and start pursuing your entrepreneurial dreams in no time.
