How To Fill Out The Delaware Certificate of Formation

Overview

How To Fill Out The Delaware Certificate of Formation

The Delaware Certificate of Formation, also known in other states as the Articles of Organization, is the document that officially forms your LLC in the state of Delaware. This document must be filed with the Delaware Division of Corporations in order to legally establish your business. The Certificate of Formation must include certain information about your corporation, such as the corporate name, address, purpose, and names of the incorporators.

Related: Step-by-step guide to forming an LLC in Delaware

To file the Delaware Certificate of Formation, you will need to submit an LLC Certificate of Formation form to the Delaware Department of State.
 
There is a form that is available on the Delaware Department of State’s website that can be completed and sent by mail or filed online.
 

Anyone can learn how to form their own LLC, but using an entity formation service like Zenbusiness, Northwest, and IncFile guide you through the LLC formation process, so you will save time and know everything was done right.

IncFile is currently running a special where you only pay state fees for your LLC formation!

Let’s go over how to fill out the LLC Certificate of Formation in Delaware. To get started, first download the Certificate of Formation form from the Delaware Department of State’s website and then click on Formation.

Step 1: Pick a Name for the LLC

When filling out this information be sure to include the entity designator at the end of the business name. The allowed designator can be:
– Limited Liability Company
– L.L.C.
– LLC.

If you haven’t verified the name yet, be sure to do a Delaware LLC name search with the Delaware Department of State to be sure the business name is available.

Step 2: Appoint a Delaware Registered Agent

LLCs are required to appoint a Delaware registered agent. The registered agent is a party that is physically located in the state of Delaware who will receive and accept service of process on behalf of the LLC.

Provided the LLC member lives in Delaware, they may act as the registered agent or the agent can be an adult resident of the state or registered agent service.

Enter the address of the Registered Office, which is the street address of the Registered Agent. A physical address must be used as P.O. Boxes are not acceptable.

Step 3: Sign and Date the Certificate of Formation

Have an authorized person (LLC Member, entity formation service, or initial organizer) sign and date the form, and send it to the Department of State along with the filing fee.

You’ve filed your Delaware LLC Certificate of Formation! Now what?

With the LLC filing out of the way, there are a few additional steps that will need to be taken care of. Below is a list of some of the tasks to consider.

Prepare a Delaware LLC Operating Agreement

The operating agreement is an internal document that covers items like ownership rights, profit and loss distribution, member responsibilities, and more.

Delaware Statute § 18-101(9) states that multi-member LLCs in Delaware must have an operating agreement. Despite it not being required for single-member LLCs, it is recommended to better protect the LLC’s legal status.

Related: How to Create a Delaware Operating Agreement

Obtain an EIN

The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).

The EIN will be needed before filing business tax returns, opening a bank account, hiring employees, registering for business licenses and permits, and more.

Related: How to Apply for an EIN

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