How To Fill Out The Delaware Certificate of Formation
Starting a business in Delaware requires completing several steps to ensure the company is legal and legitimate and if you are forming a Limited Liability Company, filing the Certificate of Formation is one necessary step.
Steps To Fill Out The Delaware LLC 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 the entity.
The Delaware Certificate of Formation is only available by downloading the from the Delaware Department of State’s website.
Zenbusiness and IncFile are running a special where you only pay state fees for your LLC formation!
Let’s go over the three steps you need to take to fill out the LLC Certificate of Formation in Delaware.
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. As an alternative, a commercial registered agent service can be used, so your name and home address aren’t publically listed as the registered agent.
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.
The form can be mailed to:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
or uploaded to the Delaware Division of Corporation’s website
That’s it! While Delaware doesn’t have an online form to fill out, there isn’t a lot of information required to start your LLC.
Delaware LLC FAQs
How much does it cost to form an LLC in Delaware?
The state filing fee to form an LLC in Delaware is $90.
How long will it take the state to approve your Delaware LLC?
It normally takes the state 2-3 weeks to process the Certificate of Formation, though expedited processing is available for an additional fee.
Who signs the Delaware Certificate of Formation?
The Certificate of Formation must be signed by an authorized person of the LLC. This can be anyone that a founding member authorizes, but is typically a member, accountant, or attorney.
How to submit the Delaware LLC Certificate of Formation?
The completed Certificate of Formation can either be mailed to:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
or uploaded to the Delaware Division of Corporation’s website
When is a registered agent needed in Delaware?
All Delaware corporations and LLC are required to have a registered agent.
What business licenses are needed in Delaware?
The requirements for business licenses and registrations in Delaware vary depending on what the business does and where it’s located.
Here is a list of common business licenses in Delaware.
Does Delaware require an LLC to have an operating agreement?
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.
Should I use an LLC formation service or do it myself?
Two of my top formation companies have a special offer where you can get your LLC formed without paying any additional fees (state fees still apply). Check out Zenbusiness and IncFile to learn more.
Do Delaware LLCs need an EIN?
Only Delaware LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (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).
If the LLC isn’t required to get an EIN (though you can still get one), the LLC will use the social security number of the owner.
Related: How to Apply for an EIN
