Delaware LLC Certificate of Formation – How to Register?


Save time & be confident while starting your company. Use best professional help -
#1 TOP PICK
 ZenBusiness - ($0 + State Fees) Online LLC Setup

At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
delaware_state_seal

If you are forming a Delaware LLC, then this page’s content would be vital. As you learn how to start an LLC, you will realize that the bulk of your initial work and cost comprises filing a certificate of formation, which we will elaborate on this page.

What is a Certificate of Formation?

A Certificate of Formation, also known as an LLC certificate or Articles of Organization in some states, is a document filed with the secretary of state to form an LLC.

Each state has a different requirement to fill out a form. A Certificate of Formation usually includes the following:

  • The name of the LLC,
  • the effective date of the LLC,
  • the company’s principal office,
  • the business purpose,
  • the duration of the business,
  • a copy of the LLC’s name registration certificate, and
  • the name and address of the registered agent, organizers, and
  • at least one member of the company.

You can file a Certificate of Formation online, by mail, or in person.

Note that the certification of formation is a legal requirement, not to mention, the core of your LLC formation. It even makes up the bulk of your LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File a Delaware Certificate of Formation

These are the simple steps to follow in filing a Certificate of Formation in Delaware.

Step 1: Find Forms Online

Go to the Delaware Secretary of State to download the certificate of formation form for your LLC or to log into the online service.

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to Delaware LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Certificate of Formation form when filing. You also need to nominate a registered agent. Here are 3 of the best LLC services on our list.

LLC Service

Our Rating & Pricing

Top Features

Learn More

#1 TOP PICK

$0 + State Fees

  • 100% accuracy guarantee

  • Worry-free service

  • Great customer support

  • Established reputation

  • Extras are bit more expensive

  • Good customer support

Step 3: File Formation Certificates

File your formation certificate either online or by mail by filling out a form and sending it to the Delaware Division of Corporations, 401 Federal Street – Suite 4, Dover, DE 19901.

File Delaware Certificate of Formation Online

Time needed: 10 minutes

To register Certificate of Formation online you need to visit the Delaware Secretary of State website. There is no way to register LLC through an online portal. One has to fill up the form and send it via mail. The Delaware Secretary of State portal has launched Document Upload Service recently to upload documents online. Here are the steps to file a Certificate of Formation online through Document Upload Service.

  1. Download form

    The certificate of formation is available online in PDF format. Download the form on your computer.

  2. Fill out the form carefully

    Read the rules and details of the form before you start filling it out. Fill it up with proper and correct information about yourself and LLC. Once you are done filling up the form, save the form on your computer.

    delaware certificate of formation step 1

  3. Upload form

    Delaware State portal has Document Upload Service that allows you to upload the documents online. Go to the Document Upload Service page. Select the ‘Document Upload’ option.
    delaware certificate of formation step 2

    Points to be noted about Document Upload:
    1. This is a new service by the Delaware Division of Corporations for eFiling
    2. For the existing and frequent users, a My eCorp Account will be created. This account should be linked with their existing Division of Corporation account.
    3. The service is not available on weekends or any holidays. The timing of the service is Mon-Thurs from 7.45 am to 11.59 pm (EST) and Fri from 7.45 am to 10.30 pm (EST)
    4. Technical Support contact: call at (302) 857-4626 or email at [email protected].

    The above-mentioned points need to be considered before you start uploading your documents.

  4. File document or request certificate

    On the Document Upload page, you will find some required fields. Those are mandatory fields and have to be filled.
    delaware certificate of formation step 3

  5. Input data about yourself

    The submitter Information is the part where you have to mention yourself or whoever is filing the documents. The name, address, city, state, email, and phone number of the submitter must be mentioned.
    delaware certificate of formation step 4

  6. Encode the type of document to submit

    In the next section, you need to choose the document types. There are two types of documents to be submitted – Document Filing Request and Certificate request.

    In Document Filing Request, upload the file, mention the corporation name, document type. These are mandatory fields. There are other fields for other documents like certified copies, etc.
    delaware certificate of formation step 5

    The second type of document is Certificate Required. Choosing that option will bring some more options along with uploading the file. In this type, you have to enter the name of the corporation, and other types of documents if you are submitting any.
    delaware certificate of formation step 6

  7. Choose a method of return

    Lastly, add the return method and comment in the last section, To finish the file uploading, click on the Continue and go to the payment page to complete the payment process.
    delaware certificate of formation step 7

Follow the instructions mentioned above to register your certificate of formation online. For any questions leave a comment below.

Filing Delaware Certificate of Formation by Mail

If you prefer to file your certificate of formation by mail, then you can send the hard copies to the Delaware State office. Here are the steps to follow for filing formation certificates by mail,

  1. Download the certificate of formation form on your computer.
  2. Read the instructions carefully and fill-up the form thoroughly with all the important information required.
  3. Get two copies of the forms to submit.
  4. You need to attach the name reservation certificate with the forms before sending it
  5. Send the forms to the following address, Delaware Division of Corporations, 401 Federal St. Suite 4, Dover, DE 19901.

Cost of Filing a Delaware Formation Certificate

The cost of Delaware LLC consists of the filing fee and an annual Franchise Tax. Delaware State does not have any different charges for online filing. The cost of filing a certificate of formation is,

  • Online submission of the form $90
  • By mail submission of the form $90
  • Franchise Tax $300

F.A.Qs

What is a Certificate of Formation?

A Certificate of Formation is a legal document that will officially make your LLC into existence. This document is needed specifically for Delaware in forming an LLC business structure.

What information does a Certificate of Formation application need?

The application form for the Certificate of Formation needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

What is the recommended method of filing a Certificate of Formation, online or by mail?

Filing by mail or in person is neither highly recommended nor required; waiting an extra week for your LLC to be approved isn’t that bad. The LLC approval you send in will be returned by mail. Online filing, meanwhile, is more convenient as you won’t have to stay in a queue.

Where Can You Find Your Delaware Certificate of Formation

Certificate of Formation for Delaware LLC can be accessed by creating a Delaware One Stop account. You can also download the PDF from the Delaware Department of State website.

When it comes to starting a business in the United States, Delaware is a popular choice for many entrepreneurs. This small state has established itself as a business-friendly haven, offering attractive benefits to corporations of all sizes. One of the essential documents needed to formalize your business in Delaware is the Certificate of Formation. So, where can you find this vital piece of paperwork?

Before diving into the details, it’s important to understand the purpose and significance of the Certificate of Formation. Essentially, this document serves as proof that your limited liability company (LLC) has been officially registered with the state of Delaware. It outlines vital information about your business, such as its name, registered agent, address, and the members or managers involved in its operation. In other words, obtaining a Certificate of Formation is indispensable for establishing a legal entity that complies with the business laws of Delaware.

If you’ve already embarked on the journey of forming your Delaware LLC, you’re probably eager to know where you can find your Certificate of Formation. Luckily, the process is fairly straightforward. The Delaware Division of Corporations is responsible for handling company formations and maintains all the necessary records.

To access your Certificate of Formation, the Delaware Division of Corporations provides an online portal with user-friendly functionality. By visiting their website, you can easily conduct a search of your company’s name to retrieve the relevant documents. As with any online process, make sure you have all the required information at hand before beginning your search.

It’s imperative to remember that obtaining a certified copy of your Certificate of Formation carries an additional fee. However, this certification provides a further layer of credibility and authenticity to your documentation, which can prove crucial in various legal and financial scenarios.

Delaware offers several options for obtaining a Certificate of Formation; each option caters to entrepreneurs with different preferences or specific requirements. If you prefer traditional alternatives, mail or fax registration is also available. Regardless of which method you choose, it’s important to keep in mind that these manual processes may take longer than utilizing the online portal, so planning accordingly is advised.

Additionally, if you chose to work with a Delaware business formation service or hired a registered agent to assist with the legalities, they would often provide you a copy of your Certificate of Formation upon completion of the formation process.

In conclusion, entrepreneurs looking to formalize their LLC in Delaware must obtain a Certificate of Formation. Although this vital document indicates that your business is an officially registered entity, accessing it is a straightforward process. By utilizing the services provided by the Delaware Division of Corporations’ website or accessing traditional options such as mail or fax, entrepreneurs can quickly obtain a copy of their Certificate of Formation.

Remember, ensuring that you have a certified copy of your document may prove advantageous in a variety of legal situations, affirming their authenticity. Understanding the importance and availability of your Certificate of Formation enables you to set your entrepreneurial aspirations in motion confidently within the welcoming business ecosystem that Delaware offers.

In Conclusion

Articles of Organization or Certificate of Formation is the most important document for your Delaware LLC. Before you submit/file the document make sure to provide proper and correct information about your company. If you have any questions, share that below in the comment section.


About Author & Editorial Staff

Steve Goldstein, founder of LLCBuddy, is a specialist in corporate formations, dedicated to guiding entrepreneurs and small business owners through the LLC process. LLCBuddy provides a wealth of streamlined resources such as guides, articles, and FAQs, making LLC establishment seamless. The diligent editorial staff makes sure content is accurate, up-to-date information on topics like state-specific requirements, registered agents, and compliance. Steve's enthusiasm for entrepreneurship makes LLCBuddy an essential and trustworthy resource for launching and running an LLC.

Leave a Comment