How to Create a LLC in Delaware

A business can form an LLC with the Delaware Division of Corporations.

Delaware is famous in business circles for its favorable treatment of business entities. Even companies operating mainly in other states often register and form the company in Delaware. A company can file for and create a limited liability company with the Division of Corporations of the Delaware Department of State. The division provides an existing LLC filing form for registration purposes. Businesses seeking to form an LLC can download the form online and submit it to the division to officially create an LLC in Delaware.

Instructions

1. Make a list of potential LLC names that you would like to use. In Delaware, you must include one of the following phrases or abbreviations in your LLC name: Limited Liability Company, LLC or L.L.C. Additionally, you must pick a name that is distinguishable from all Delaware-registered names of either domestic or foreign corporations, partnerships, limited partnerships, statutory trusts or other limited liability companies.

2. Open the "General Information Name Search" page on the Delaware Division of Corporations website (see Resources). This page has a business search tool that provides names and contact information for registered Delaware businesses. Enter your proposed names, and run a search. Use the results of the Delaware business-name search to ensure that you have a name that is distinguishable.

3. Access the State of Delaware Limited Liability Company Certificate of Formation and corresponding instructions (see Resources). Fill out this LLC filing form with your business details. Under the fourth item, members forming the LLC may add individualized rules or information for your specific LLC. You may wish to consult a Delaware business lawyer for ideas on how to structure your LLC and include additional matters on this LLC formation certificate. You may also call the Division of Corporations at 302-739-3073 if you have questions.

4. Create a cover letter to go with the filing form. You need to include only your name, address and telephone or fax number.

5. Make out a check or money order to the Delaware Secretary of State. As of 2010, the basic fee is $90 to process the formation certificate and create a Delaware LLC. You may get a certified copy for an extra $50. You may also call the Division of Corporations if you wish to expedite your LLC registration. Additional fees will apply.

6. Send in the cover letter, Certificate of Formation and fee. Use the following address:

   Delaware Division of Corporations
   401 Federal St.--Suite 4
   Dover, DE 19901

   You will receive a stamped copy of your filing form once the division processes your form.

Tips & Warnings

• The Division of Corporations will make the ultimate decision on whether you can use your chosen LLC name. You will not know this decision until after you file your Certificate of Formation. Therefore, do not put your LLC name in any promotional or other printed material until you get confirmation of successful LLC registration.

Resources

• Delaware Division of Corporations: General Information Name Search
• Delaware Division of Corporations: Limited Liability Company Certificate of Formation