LLC Formation Delaware

We make it fast and easy to form a Delaware LLC. Packages Start at $70. (plus state fees)

We have been forming Delaware entities since 1999. More than half a million business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 58% of the Fortune 500. Let us walk you through the process and eliminate the red tape for you. SunDoc Filings is an expert at navigating the bureaucratic filing process. We submit your documents promptly. Don’t lose valuable time or leave your filing to chance…SunDoc Filings will help you do it right.

For already prepared documents, skip to step 3

Step 1: Check name availability

Choose three corporate names in order of preference and we will check which name is available.

Step 2: Prepare or Upload your Articles

Our online form will walk you through all required information.

Step 3: Specify Service Level and Service Options

Select the appropriate filing package or choose from the a la carte options.

Routine: 5 - 7 business days

Rush: 24 hours

We will confirm your order via email within one hour during normal business hours.

Your filing is now on its way! If we receive your Delaware LLC's Articles of Organization by 2 p.m. PST M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filing services do, you may have to wait SEVERAL MONTHS. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. FedEx is available for an additional fee.

Your Post-Filing Responsibilities

File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information. The Statement of Information, includes the business and mailing address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business. We cannot offer this service in the state of Delaware.

Employer Identification Number: If you would like, we can obtain your EIN for your new Delaware LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.

Delaware LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the Delaware LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

The SunDoc Filings Advantage

We have filed thousands of documents since 1999
All filings received by 2 p.m. PST are submitted same day
Most filing companies mail in your filings

Delaware State Disbursements

$90 filing fee for the Articles of Organization

There is an addtional state fee of $50 for expedited service

Delaware LLC Formation Guidelines

Limited Liability Name A limited liability company name must contain the words "Limited Liability Company" or the abbreviation "L.L.C." or “LLC.” It may contain the words "Company", "Association", "Club", "Foundation", "Fund", "Institute", "Society", "Union", "Syndicate", "Limited", or "Trust" (or abbreviations of like import). It must be such as to distinguish it upon the records of the Secretary of State from a domestic or foreign corporation, limited partnership, business trust, limited liability company, registered limited liability partnership, or any reserved name, unless the written consent of the holder of the conflicting name is filed with the Secretary of State. It may contain the name of a member or manager. Whenever a Certificate of Formation of a limited liability company is received by the Secretary of State with both the word “trust” and the word “company” in the name of the limited liability company, the Secretary of State will forward it to the State Bank Commissioner or his designee prior to filing. After review by the Commissioner or his designee, a recommendation will be made to the Secretary of State indicating whether or not the name should be approved. An available name may be reserved for 120 days up on application. The filing fee is $75. Thereafter the same applicant may again reserve the name for successive 120-day periods.

Organizers / Members

A limited liability company can be formed by any one (1) or more organizers. The limited liability company can be formed with one (1) or more members.

Duration of LLC

The period of duration of a limited liability company may be perpetual.

Registered Agent and Registered Office

The limited liability company must maintain a registered agent and office to receive service of process in Delaware.

Operating Agreement

A limited liability company agreement is a written agreement of the members as to the affairs of a limited liability company and the conduct of its business. A limited liability company agreement or another written agreement or writing: A. May provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the limited liability company agreement (i) if such person (or a representative authorized by such person orally, in writing or by other action such as payment for a limited liability company interest) executes the limited liability company agreement or any other writing evidencing the intent of such person to become a member or assignee, or (ii) without such execution, if such person (or a representative authorized by such person orally, in writing or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the limited liability company agreement or any other writing and request (orally, in writing or by other action such as payment for a limited liability company interest) that the records of the limited liability company reflect such admission or assignment; and B. Shall not be unenforceable by reason of its not having been signed by a person being admitted as a member or becoming an assignee as provided in paragraph a. of this subdivision, or by reason of its having been signed by a representative as provided in the Act.

Filing Procedures

Submit to the Secretary of State one (1) executed original and two (2) copies of the Certificate of Formation. The Secretary of State returns the number of certified copies requested at the time of filing.

Professional services businesses

Delaware does not allow professionals, such as accountants, attorneys and physicians, to form a professional limited liability company (PLLC). Professionals can form their businesses as LLCs.

Ongoing Requirements

Once you have formed your LLC, you make sure you take certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability an LLC provides its owner(s).

Delaware LLC taxes

The following are requirements in Delaware:

Annual report and franchise tax. Delaware requires LLCs to file an Annual Franchise Tax Statement by June 1.
Taxes. For complete details on state taxes for Delaware LLCs, visit r the State of Delaware.
Federal tax identification number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
State tax identification number. Delaware does not require a state tax identification number.

Business licenses in Delaware

Business licenses and/or permits are required for most businesses. SunDoc Filings can supply you with additional information at your request.

Delaware LLC Frequently Asked Questions

What is the benefit of using SunDoc Filings in Delaware?

Our agents visit the Delaware Secretary of State daily. Many filing companies will simply mail in the filings unless you pay for "rush" or premium services. The following guidelines are especially helpful if you are preparing your own Delaware Articles of Organization.

Questions about LLC Formation Guidelines?

How many members and managers are required in Delaware?

At least one member is required in Delaware.

What is a Registered Agent?

A Registered Agent is an individual or a business designated to receive service of process (SOP) in the event a corporation is party to a lawsuit. For example, if your corporation is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your corporation via a process server to inform you of the suit. State filing agencies require that a corporation designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the corporations they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.

Can SunDoc Filings help me obtain a Registered Agent?

Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia. More information

What are operating agreements and how do I obtain or prepare them?

A corporation's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Incorporating?

How do I form an LLC in Delaware?

To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Incorporation.

Do I need an attorney to form an LLC in Delaware?

No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.

In what state is it best for me to form an LLC?

Your home state is not always the best choice. Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of incorporation. Once again, if you are not sure, contact an attorney or CPA for advice.

Should I form an LLC or a Corporation in Delaware?

Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.

Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.

Do I need to file a DBA (assumed name) in Delaware?

Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.