How to File for an LLC in Delaware
An LLC, or limited liability company, is an entity that limits the owner's liability to debts and obligations of the company. Delaware offers a wide variety of tax incentives to companies registered in the state, including LLCs. As a result, many corporations opt to file their paperwork in Delaware. While the company need not be located in Delaware, it must have a registered agent with a permanent Delaware address. While you can hire an attorney to file your LLC in Delaware, you also can file on your own, using forms provided on the Delaware Division of Corporations website.
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Instructions
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Visit the Delaware Division of Corporations Name Reservation Applications page and download an application to reserve a name for a limited liability company. Print and complete the form, then mail it to the Delaware Division of Corporations along with a check in the amount of the reservation fee. As of June 2010, the reservation fee is $75, which will reserve the name for 120 days.
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Secure a registered agent for your corporation. According to the state's official website, you can typically find a company or an attorney who practices business law to act as your registered agent for an annual fee. Do your research to find the registered agent that is right for you. If you need assistance locating a registered agent contact the Delaware Division of Corporations for a directory.
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Download, print and complete the Certificate of Formation of a Limited Liability Company form from the Delaware Division of Corporations website. According to the site, the name of the company, name and address of your registered agent as well as the signature of an authorized director are the only items required. However, you may choose to also submit an operating agreement that spells out the internal rules of the company. According to the business website LLC-made-easy.com, you may wish to hire an attorney to prepare the operating agreement separately as it can be a complex legal document.
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Mail the limited liability company Certificate of Formation along with a check in the amount of the filing fee listed on the form and the operating agreement, should one be created, to the Delaware Division of Corporations, using the address provided on the Certificate of Formation cover page. As of June 2010, the fee to form a limited liability company in Delaware is $90. Once the company is formed, a stamped copy of your submitted documents will be returned to you, indicating that the company has been filed and is active.
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