Delaware LLC formation service
Delaware LLC formation service
I searched and extracted authoritative sources about forming and maintaining a Delaware LLC, focusing on filing steps, fees, registered agent requirements, annual franchise tax and due date, operating agreement guidance, series LLCs, foreign qualification, expedited filing, state business licenses, and federal BOI/Beneficial Ownership reporting (FinCEN).
I used official Delaware Division of Corporations pages, Delaware Code Title 6, FinCEN BOI guidance, the IRS EIN page, and recent professional guides to compile up-to-date details. Key findings: - Formation: File a Certificate of Formation with the Delaware Division of Corporations (form available on corp.delaware.gov).
A registered agent with a physical Delaware address is required and must be listed in the Certificate. The Certificate need not list members/managers. - Fees & Filing: State filing fee for Certificate of Formation varies (commonly $90–$110 depending on filing method); Delaware offers expedited filing options (24-hour, same-day, 1-2 hour) for additional fees. - Annual Compliance: Delaware LLCs must pay an annual tax of $300 due by June 1 each year; LLCs do not file an annual report.
Penalties: $200 late penalty and 1.5% monthly interest on unpaid balance for other entities; for LLCs penalties/interest apply for late tax payment. - Taxes & Licenses: Obtain EIN from IRS; register with Delaware Division of Revenue for business license (general business license fee commonly $75 for the first location), and register for unemployment/workers’ comp if hiring. - Series LLC: Delaware authorizes Series LLCs under its LLC Act; formation requires specific drafting in the Certificate/operating agreement. - Foreign Qualification: Out-of-state LLCs doing business in Delaware must file to register as a foreign LLC. - Federal BOI (Beneficial Ownership Reporting): Entities may need to file BOI reports with FinCEN under the Corporate Transparency Act; confirm exemptions and deadlines at fincen.gov. - Practical steps recommended: choose name and check availability; appoint registered agent; prepare Certificate of Formation and operating agreement; obtain EIN; register for state taxes/licenses; maintain records; pay annual franchise tax by June 1; consider registered agent/filing service for ongoing compliance.
I searched and extracted authoritative sources about forming and maintaining a Delaware LLC, focusing on filing steps, fees, registered agent requirements, annual franchise tax and due date, operating agreement guidance, series LLCs, foreign qualification, expedited filing, state business licenses, and federal BOI/Beneficial Ownership reporting (FinCEN).
I used official Delaware Division of Corporations pages, Delaware Code Title 6, FinCEN BOI guidance, the IRS EIN page, and recent professional guides to compile up-to-date details. Key findings:
- Fees & Filing: State filing fee for Certificate of Formation varies (commonly $90–$110 depending on filing method); Delaware offers expedited filing options (24-hour, same-day, 1-2 hour) for additional fees. - Annual Compliance: Delaware LLCs must pay an annual tax of $300 due by June 1 each year; LLCs do not file an annual report.
Penalties: $200 late penalty and 1.5% monthly interest on unpaid balance for other entities; for LLCs penalties/interest apply for late tax payment. - Taxes & Licenses: Obtain EIN from IRS; register with Delaware Division of Revenue for business license (general business license fee commonly $75 for the first location), and register for unemployment/workers’ comp if hiring.
- Practical steps recommended: choose name and check availability; appoint registered agent; prepare Certificate of Formation and operating agreement; obtain EIN; register for state taxes/licenses; maintain records; pay annual franchise tax by June 1; consider registered agent/filing service for ongoing compliance.
- Formation: File a Certificate of Formation with the Delaware Division of Corporations (form available on corp.delaware.gov). A registered agent with a physical Delaware address is required and must be listed in the Certificate. The Certificate need not list members/managers.
- Series LLC: Delaware authorizes Series LLCs under its LLC Act; formation requires specific drafting in the Certificate/operating agreement.
- Foreign Qualification: Out-of-state LLCs doing business in Delaware must file to register as a foreign LLC.
- Federal BOI (Beneficial Ownership Reporting): Entities may need to file BOI reports with FinCEN under the Corporate Transparency Act; confirm exemptions and deadlines at fincen.gov.
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