If you're planning on founding a business, setting up an LLC in Delaware can provide special rewards.
With Delaware, you'll gain solid legal security, access to an respected Court of Chancery, and owner-friendly statewide statutes.
Expenses for maintaining a Delaware LLC are typically lower than found in many states.
Privacy is an added perk; you are not obligated to publish member names for the record.
Non-residents can simply form a Delaware LLC remotely. Delaware welcomes remote business formation with minimal barriers.
Opting for a Delaware LLC delivers management flexibility and lets you utilize a growth-ready ecosystem.
Deciding On the Best Name for Your Delaware Limited Liability Company
Before establishing your Delaware LLC, you must choose a unique name that fulfills state regulations.
Ensure your chosen business moniker is unique and legally incorporates “LLC” or “Limited Liability Company.”
Avoid phrases hinting at a restricted activity, as these are banned in Delaware.
Search Delaware’s business name database to confirm uniqueness and secure your business’s title if you aren’t filing immediately.
Settle on a name which is memorable, spells easily, and aligns with your company’s brand.
Assigning a Registered Agent in Delaware
Each Delaware LLC requires a registered agent prior to submission with the state.
The agent serves as your key liaison within state lines, accepting legal mail, official notifications, and important paperwork on your behalf.
The appointed registered agent must have a physical presence in Delaware; P.O. boxes are not accepted.
Options include appointing yourself as the agent—if qualified—or relying on a specialized agency for convenience.
Utilizing a professional agent often improves convenience.
Select an agent who is punctual to prevent missed communications.
Registering the Formation Certificate
With your registered agent in place, the next step is filing the essential Certificate of Formation.
Download the current formation form directly from Delaware’s Division of Corporations portal.
Fill in the required sections—your LLC’s legal name, registered agent’s details, and the organizer’s data.
Send your form online, by mail, or drop off in person. There’s a standard $90 state fee for filing.
Audit all entered information for accuracy—mistakes can hinder approval.
Your LLC is officially recognized in Delaware once approval comes through. Keep this foundational document as key evidence of your LLC’s existence.
Drafting an Operating Agreement & Maintaining Ongoing Obligations
While not law in Delaware, an operating agreement is strongly recommended for outlining your LLC’s rules.
This critical document defines decision making, member roles, and processes for dispute resolution and daily operations.
Otherwise, Delaware statutes will govern your company—often not in line with owner wishes.
Delaware mandates payment of a $300 annual LLC tax, due by June 1—this is non-negotiable for all LLCs, no matter business activity.
Keep your agent’s info updated, track finances carefully, and always adhere to compliance schedules for uninterrupted legal protection.
Summary
Forming an LLC in Delaware is an excellent strategy if you seek strong legal protection and favorable business management. By securing the right name, appointing a qualified registered agent, correctly filing your Certificate of Formation, and creating a thoughtful operating agreement, you’re building a powerful foundation for your new company. Stay aware with annual franchise taxes and ongoing compliance for sustained LLC good standing. With these actions, you’re create an llc in delaware set to launch your Delaware LLC with success.