Can an LLC be formed on a specific day?

By IncNow | Published March 18, 2016
  • Can you specify a future filing date for a business?
  • Must a business be formed on a weekday?
  • Can you “back date” a business filing?

marking calendarDear IncNow,

I would like to form an LLC on a date that happens to be on a Saturday this year. Can the LLC’s formation papers still have this date, or must an LLC be formed on a weekday?

Dear Customer,

Generally the “file date” is the date your Certificate of Formation is received by the state filing office, no matter the date you write on it as your signature date. All filing offices are closed on Saturdays, Sundays and certain holidays.

Some states allow you to file in advance by having a “forward effective date.” That date is supposed to be a date that the filing office actually plans to be open and actually receive your filing, but you should check with the Division of Corporations in the state of incorporation to see what rule applies where you incorporate. Most states that have this option to file in advance limit how far forward you can file, usually not more than 90 days out. That may be one way to save on franchise taxes if you are filing near the end of a calendar year; by filing with a forward effective date of January 1. That saves you a whole year of state franchise tax.

I am not aware of states that allow for “back dating,” except for limited purposes, like “tax purposes.” However, you can never back date for liability protection purposes.

When deciding where to form your company, consider that Delaware has advantages over your home state that may benefit you. Go