How to Register an LLC-Based Company in Delaware
Registering your business in the state of Delaware refers to forming the company under the laws of the state. Delaware is the most popular state in which to form business entities because of its relaxed laws relating to businesses, such as a lack corporate taxes if the entity registers in Delaware but does not conduct business in the state. The Delaware courts also have a reputation of being quite flexible regarding business law and tend to create favorable outcomes for Delaware businesses. A limited-liability company is one of the many forms a business may take in Delaware.
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Instructions
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Find a registered agent who resides in Delaware. If your business is located in Delaware, you can act as your own registered agent. Otherwise, the Delaware Division of Corporations has an online listing of registered agents. Contact a registered agent and make arrangements with him to be the agent for your LLC.
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Download the Delaware Limited Liability Company Certificate of Formation from the state Division of Corporations website. Write down the name of the LLC and the name and address of the registered agent. Include the date of dissolution of the LLC if it is to have a limited life span. There is another section on the certificate to include resolutions by members of the LLC, such as the operating rules or bylaws of the LLC. Sign and date the certificate. Indicate your position with the LLC, such as CEO or president.
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Draft a cover letter to the Division of Corporations that includes your name, the name of the LLC, your address and a telephone or fax number. Write a check to the Delaware Secretary of State in the amount of $90 as of 2011. Send the certificate with the cover letter and check to the Division of Corporations at the following address:
Delaware Division of Corporations
401 Federal St., Suite 4
Dover, DE 19901
The Division of Corporations will process the certificate, and your LLC will be formed and registered in Delaware.
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Tips & Warnings
This article does not constitute legal advice. See an attorney.
An LLC registered in Delaware must pay an annual tax of $250 as of 2011.
