Opening an LLC in Delaware can benefit entrepreneurs, including a business-friendly legal and tax environment. However, setting up an LLC in Delaware can be complex and requires careful planning. In this article, we will discuss the key steps to follow when creating an LLC in Delaware, including the costs involved and the important factors to consider before you get started.
It’s important to consider factors such as your business plan, industry-specific requirements, and local business regulations when starting an LLC in Delaware. By taking the time to properly structure and form your LLC, you can lay the foundation for a successful and protected business venture.
Three Things To Be Aware Of When Starting Your LLC
The video below covers three things you must know when creating your LLC.
- Commingling Funds
- Registered Agent
- Piercing the Corporate Veil
If you are unfamiliar with these terms, please watch the video below.
Table of Contents
5 Steps to Create an LLC in Delaware
Creating an LLC in Delaware is a relatively straightforward process. Here are the steps you can follow:
- Choose a name for your LLC: The first step is to choose a name for your LLC. Make sure the name is available and compliant with Delaware’s naming rules.
- File the Certificate of Formation: You will need to file a Certificate of Formation with the Delaware Division of Corporations. This document should include the name of your LLC, the address, and the name and address of the registered agent.
- Choose a registered agent: Delaware requires that all LLCs have a registered agent, which can be an individual or a company that is authorized to do business in Delaware. The registered agent will receive legal and tax documents on behalf of your LLC.
- Pay the filing fee: The filing fee for the Certificate of Formation is $140.
- Obtain an EIN: You will need to obtain an Employer Identification Number (EIN) from the IRS. This number is used for tax purposes and is required for hiring employees.
Once you have completed these steps, you will have successfully created your LLC in Delaware. It’s important to note that there may be additional requirements depending on your specific business and industry, so it’s always a good idea to consult with a lawyer or business advisor to ensure that you have met all of the necessary requirements.
Costs to Open an LLC in Delaware
The costs of opening an LLC in Delaware can vary depending on several factors, such as whether you hire a lawyer or a formation service to assist you with the process, and whether you need any additional services or permits for your business.
Here are some of the typical costs associated with creating an LLC in Delaware:
- Filing fee: The filing fee for the Certificate of Formation in Delaware is $140.
- Registered agent fee: You will need to appoint a registered agent for your LLC, and this agent may charge a fee for their services. The fee can vary depending on the agent you choose and the level of service they provide.
- Legal fees: If you hire a lawyer to assist you with the process of creating your LLC, you may incur legal fees. These fees can vary depending on the lawyer’s hourly rate and the complexity of your business.
- Other fees: There may be additional fees for obtaining permits or licenses, or for other services that your business requires.
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The cost of opening an LLC in Delaware can range from a few hundred dollars to several thousand dollars, depending on your specific needs and circumstances. It’s a good idea to do some research and get quotes from different service providers to get an accurate estimate of the costs involved.
Files needed to open an LLC in Delaware
You will need to file a Certificate of Formation with the Delaware Division of Corporations. This document includes basic information about your LLC, including its name, registered agent, and address.
Here is a list of the information and documents you will need to complete the Certificate of Formation:
- LLC name: You will need to provide a name for your LLC that is available and complies with Delaware’s naming rules.
- Registered agent: You will need to choose a registered agent for your LLC, who will receive legal and tax documents on behalf of your business.
- Business address: You will need to provide the physical address of your business in Delaware.
- Member/manager information: You will need to provide the names and addresses of the LLC’s members or managers.
- Filing fee: You will need to pay the $90 filing fee for the Certificate of Formation.
In addition to the Certificate of Formation, you may also need to obtain an Employer Identification Number (EIN) from the IRS, and any permits or licenses required for your specific business or industry.
It’s always a good idea to consult with a lawyer or business advisor to ensure that you have all of the necessary documents and information before filing your Certificate of Formation.
Bizee (formerly Incfile) is our preferred choice for LLC formation because they provide all of the services your new business needs while being transparent with pricing. They also offer a free registered agent service for the first year, even in their free package.
Check out a behind-the-scenes of what managing your LLC looks like in your dashboard in this Incfile review.
Things to consider when opening an LLC in Delaware
When opening an LLC in Delaware, there are several important things to consider. Here are some of the key factors to keep in mind:
- Delaware’s legal and tax environment: Delaware is known for its business-friendly legal and tax environment, with many advantages for LLCs, such as no state corporate income tax for LLCs that do not operate in Delaware. However, it’s important to research and understand the legal and tax requirements in Delaware to ensure that your LLC complies with all regulations.
- Choosing a registered agent: As mentioned earlier, Delaware requires LLCs to appoint a registered agent. It’s important to choose a reliable and trustworthy agent who can receive legal and tax documents on behalf of your LLC.
- Name availability: Delaware has specific naming requirements for LLCs, and you will need to ensure that your chosen name is available and compliant with the state’s rules.
- Operating Agreement: While Delaware does not require an LLC to have an operating agreement, it is a good idea to create one. An operating agreement can help clarify the roles and responsibilities of the LLC’s members and can provide a framework for how the business will be managed.
- Tax ID and other permits: As with any business, you will need to obtain a tax ID from the IRS, and there may be other permits or licenses required for your specific industry or business.
- Seeking professional advice: Finally, it’s always a good idea to seek advice from a lawyer or business advisor when starting an LLC in Delaware. These professionals can help ensure that you have met all of the necessary legal and regulatory requirements and can provide guidance on how to set up and manage your LLC for success.
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Overall, opening an LLC in Delaware can be a straightforward process with the help of an experienced attorney or online legal service. By considering these key factors and taking the necessary steps to comply with Connecticut’s laws and regulations, you can set your LLC up for success.
Creating an LLC in Delaware can be an excellent way to start your business, but it requires careful planning and attention to detail. By following the steps outlined in this article and seeking professional advice when necessary, you can ensure that your LLC is set up for success. With the business-friendly environment and many advantages that Delaware offers, your LLC is well-positioned to thrive and grow over time.
For more information on starting an LLC in Delaware, be sure to visit other resources on our website. Our articles on the various steps involved in forming an LLC, as well as information on the benefits of an LLC, can provide you with the information you need to make informed decisions about your business.
Additionally, our guides on registering for taxes, obtaining an EIN, and creating an operating agreement can help you navigate the legal requirements of starting an LLC in Delaware. Whether you’re just starting out or looking to expand an existing business, forming an LLC in Delaware can be a great choice. For more information and support as you begin this process, be sure to visit our website and take advantage of our comprehensive resources.
Legal Disclaimer: This article contains general legal information, does not constitute professional legal advice for your situation, and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.
Where Do I Even Begin with Starting a Business?
This depends on where you’re at in your journey.
Step 1 is deciding what type of business you want to start.
Step 2 is filling out the BizBuddy Pathway for your business.
Step 3 is legally forming your business.
Check out the FAQs below that match up with where you’re at in your process
What Type of Business Should I Start?
If you’re unsure of what kind of business you want to start, you need to assess your situation. Things like your skills, available time, passion(s), money, and risk tolerance all factor into your decision. This post on What Business to Start is a great place to assess your situation and find the right fit for your unique situation.
What is the BizBuddy Pathway?
Research says that 92% of people with a business idea will never start a business. There are no shortages of ideas… execution is the scarce resource. The BizBuddy Pathway is a simplified approach for you to lay out your business journey.
Think of it like writing a book. The Pathway is like coming up with the title, storyline, and chapters, so you have the outline of where to begin. This is how you become the 8%.
How Do I Legally Form a Business?
It’s not as difficult as you think. That’s because in the U.S. small businesses accounted for 62% of all new jobs created between 1995 and 2020. That’s why you hear people say small business is the backbone of the economy. Check out this Guide on How to Legally Form a Business (in the U.S.). It will give you a full understanding of what goes into forming your legal entity and the options available to you. If you’re unfamiliar with terms like “Piercing the Corporate Veil” you’ll want to check out that guide.
How Do I Grow My Business?
Congrats. You’re already in the game and looking to grow. BizBuddy was founded by Eric Worral who started his first business at 13 years old (sealing driveways). That was well over 20 years ago when he had to figure out how to get new customers. No matter what business you’re in you need paying customers. This is a Guide on How to Get More Customers for Your Business. It’s a comprehensive overview of how to think about your category of business and the marketing strategies to implement. Onward and Upward!