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Forming a Delaware LLC: How Does It Work?

The Delaware LLC is a popular choice for business owners in the United States and around the world. Business owners can form a Delaware LLC without ever visiting the state.

Here’s how the process of forming a Delaware LLC works:

 

1. Choose a Company Name

You will need to have a name for your business before registering your Delaware LLC.

  • Delaware law requires that all new LLCs have either “Limited Liability Company,” “LLC,” or “L.L.C.” in the company name.

 

2. Check the Availability of Your Company Name

If your company name is already incorporated in the state of Delaware, you will need to choose a variation of your desired name, or a new name.

  • IncNow.com will check your desired LLC name, as well as a second choice, during the incorporation process.

 

3. Determine the Type of Delaware LLC You Want To Form

There are two major types of Delaware LLCs:

  • Delaware LLC
    • Includes single-member LLCs and multi-member LLCs
  • Delaware Series LLC
    • The Delaware Series LLC is an entity that is like a traditional LLC with formal divisions, known as “series,” that segregate pools of assets with internal firewalls. Learn more about the Delaware Series LLC.

 

4. Select a Delaware Registered Agent

The Delaware LLC Act requires any company incorporated in Delaware to have a Delaware Registered Agent with an in-state street address.

  • Agents and Corporations, Inc (IncNow) will act as a Delaware Registered Agent for companies incorporating in Delaware for a small annual fee.
  • A Delaware Registered Agent is responsible for receiving court notices and correspondence from the state of Delaware on your behalf, which will then be forwarded on to you. (Learn more about how to select a Delaware Registered Agent.)

 

5. Have Basic Information Ready

You will need to provide the following information to form your Delaware LLC:

  • Your company name
  • Contact information (natural person’s name, mailing address, email, and phone number)
  • The name of at least one member of the LLC (for our records, but not listed on the Delaware public filing)

 

6. Issue a Delaware Certificate of Formation

Once your online order form is submitted to our office, we will prepare and file a Delaware Certificate of Formation to form your Delaware LLC on public record. The Certificate of Formation must include:

  • The name of the LLC
  • The name and address of the registered agent (such as IncNow)
  • The signature of authorized person

Our office will sign your Certificate of Formation as the authorized person (also known as an organizer). Thus, your name and address will not be listed on the publicly filing, unless specifically requested by you.

 

7. Create an LLC Operating Agreement

The state of Delaware requires that LLCs have an Operating Agreement that will govern it. However, Delaware does not require that the Operating Agreement be filed with the state or even be in writing, although written and signed operating agreements are highly recommended. (Learn more about Operating Agreements.)

How to Form a Delaware LLC With IncNow.com

The process of incorporating your LLC is quick, easy, and affordable with IncNow.com! Our packages start at $9, plus state fees, and documents are turned around within one to three business days.

Simply visit our online order form, fill in your information, and we’ll take care of the rest, including your Certificate of Formation and LLC Operating Agreement (if you select our Now LLC or Complete LLC packages).

You’ll be done in five minutes, hassle-free! Trust IncNow’s 40+ years of experience, favorable Trustpilot reviews, and Better Business Bureau rating. Get started now!