Delaware compliance quick setup service
Research process and summary: Steps taken - Performed a targeted web search (official state sources, reputable formation services, law firms, and compliance providers) focusing on Delaware LLC formation and ongoing compliance obligations, registration fees, deadlines, penalties, registered agent requirements, business licenses, BOI/FinCEN (Corporate Transparency Act) obligations, and practical setup tasks useful for a “Delaware compliance quick setup service.” - Collected and compressed the most relevant guidance on formation steps, state fees, recurring obligations, due dates, penalties, timelines, and common pitfalls. Key findings (authoritative, actionable items for a Delaware compliance quick setup service) 1) Formation basics and immediate actions to include in a quick setup service - Name availability check and reservation when needed; name must include LLC or equivalent suffix. - Appoint a Delaware registered agent (physical Delaware street address is mandatory; agent must continuously maintain availability). - File a Certificate of Formation with the Delaware Division of Corporations (simple one-page filing). Expedite options are available for faster approval. - Obtain a Federal Employer Identification Number (EIN) from the IRS (required for bank accounts, payroll, and many tax filings). - Draft an Operating Agreement (not filed with state but highly recommended to set internal governance and protect liability). Practical details and state fees (to surface in pricing and timelines) - Certificate of Formation state fee: commonly cited at about $109–$110 for standard filing; expedited filing is available for additional fees (providers report typical 2–3 business day or faster service for a fee). (See Harvard Business Services and Discern resources.) - Delaware annual franchise tax for LLCs: flat $300 due each year on or before June 1 (Delaware LLCs do not file an annual report, but the franchise tax payment is required). - Delaware general business license: many LLCs need a Delaware business license from the Division of Revenue; typical annual fee examples are about $75 for the first location (varies by activity). - Good standing / Certificate of Status fees: Short Form Certificate of Status (name and status) $50; Long Form Certificate of Status (status and all documents filed) $175 (Delaware Division of Corporations). Deadlines, penalties, and consequences - Franchise tax due June 1 each year; late payments typically incur a $200 late penalty plus interest (Delaware penalties/interest commonly described as $200 plus 1.5% per month). - Failure to maintain a registered agent, pay franchise tax, or meet other required filings can lead to loss of good standing, administrative dissolution, and possible administrative penalties or reinstatement fees. - Federal tax filings remain required (IRS deadlines such as April 15 for many entity tax returns depending on tax classification). Other compliance items to include in a “quick setup” package - Registered agent service enrollment and monitoring (critical to receive legal process and state notices). - Franchise tax enrollment and automated reminders/payment handling to avoid late fees and interest. - Business license determination and filing assistance with the Delaware Division of Revenue. - EIN application service and step-by-step assistance to open U.S. bank accounts (documents checklist: Certificate of Formation, EIN confirmation, Operating Agreement). - Operating Agreement templates and optional customization (member-managed vs manager-managed, capital contributions, distributions, transfer restrictions, dispute resolution). - Beneficial Ownership/Corporate Transparency Act (FinCEN) guidance: CTA/BOI reporting requirements went into effect Jan 1, 2024 — include a BOI screening and reporting checklist where applicable. - Compliance calendar and onboarding checklist covering: name reservation (if needed), formation filing, registered agent confirmation, EIN, operating agreement, state business license, franchise tax (June 1), federal tax return preparation (April deadlines), and periodic reviews. Typical timelines and turnaround expectations - Certificate of Formation standard processing: several business days to ~2 weeks depending on filing method; expedited same-day/24-hour options exist for additional fees through the Division of Corporations or commercial providers. - EIN from IRS: often immediate online for U.S. applicants; third-party assistance typically 1–3 business days if manual filing required for some foreign applicants. Common pitfalls to warn clients about - Missing the June 1 franchise tax payment even if no activity — the $300 is owed annually regardless of revenue. - Letting registered agent information lapse or failing to maintain a Delaware address for service of process. - Not preparing an Operating Agreement, which can weaken internal governance and risk veil piercing in disputes. - Confusion about local licensing requirements (DBAs/trade names and municipal permits) — some localities/cou
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