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.
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.
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.
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.
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.
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.