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How To Form An LLC In Delaware

Delaware is known for its great business environment which has provoked many people to form businesses there. If you are interested in forming a Limited Liability Company (LLC) in Delaware, you need to visit the Division of Corporations of the Delaware Department of State.

Before you can be allowed to form a company by the department, you need to follow a series of steps:

Choose a Name for Your LLC

Delaware requires that you choose the name of your company. For your name to be approved, it should not be deceptively similar to the names of other businesses registered by the Delaware Secretary of State.

When listing the potential names of your company, you should ensure that the names have the words: Limited Liability Company, LLC, or L.L.C. The names can also contain the names of members of the company or words such as: fund, institute, foundation, club, syndicate, trust, and society.

Search the Name

Once you have crafted your potential name, you should now search it. Here you need to visit the Delaware Division of Corporations website and you will find a business search tool on the home page.

You should enter your proposed names and run a search. You should ensure that the name you choose is different from all the already registered names.

File a Certificate of Formation

Once you have chosen a unique name, you should now file the certificate of formation. You should fill the form with your business details. You can also add individualized rules of formation for your specific LLC.

If you are stuck, you can always consult a business lawyer who will give you ideas on how to structure your LLC. The lawyer will also help you in adding additional matters on the LLC formation certificate. If you have any questions, it’s highly recommended that you contact the Division of Corporations by calling 302-739-3073.

You should note that filing for the certificate costs $90. You can also get a certified copy for an extra $50. If you feel that you need to expedite your LLC registration, you can do so by calling the Division of Corporations. You should note that additional fees will apply if you choose to expedite your registration.

Send the Form

After filling your form, you should create a cover letter and send the form to the Delaware Division of Corporations. You should wait for a few days and if your form has been successfully processed, you will get a copy of your filing form.


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