How to File an LLC Certificate of Formation in Delaware


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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The Certificate of Formation is one of the main documents required while forming an LLC in Delaware. The document needs to be filed with the Secretary of State in Delaware to share all the important information related to the limited liability company that is going to be established.

On this page, LLCBuddy editors put all the information together about how to file the Certificate of Formation in Delaware. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in Delaware to file the Certificate of Formation while forming the LLC.

What is an LLC Certificate of Formation in Delaware?

The Certificate of Formation for an LLC is the most important document among all. In general, establishing an LLC is much simpler than other types of business structures such as corporation or partnership. Among a few mandatory documents to file, Certificate of Formation is one of the main papers.

By submitting the Certificate of Formation, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with Delaware Secretary of State.

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

  • The name of the LLC in Delaware,
  • 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

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

How to File Delaware LLC Certificate of Formation

Filing an LLC Certificate of Formation with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). Statewise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In Delaware, the following methods are available.

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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 mention the name and address of the Delaware Registered Agent. We recommend the best LLC services in Delaware that you can choose to form your LLC, hire the Registered Agent, and file the Certificate of Formation with the SOS.

If you plan to start an LLC in states other than Delaware, you must file a foreign LLC in other states. For filing a foreign LLC you can explore the best LLC services that operate in 50 other states along with Delaware.

What information does the Certificate of Formation application need in Delaware?

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.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901. For online filing, you must log in to the Delaware Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in cash (if available).

Cost of Filing Delaware Certificate of Formation

cost

LLC cost in Delaware includes all types of fees starting from name reservation fee, DBA filing fee ($25), Registered Agent costs, and Certificate of Formation fee. In Delaware, the filing fee of a formation document is $90. The standard fee for filing the Certificate of Formation allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while filing an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend Delaware Certificate of Formation: If you make any changes to your LLC, you must file the changes with the Secretary of State. To do so, you must Amend Delaware Certificate of Formation. LLCs can get the amendment form, fill it out with the changed/updated information, and send it back to the SOS online or offline.

FAQs

What is an LLC Certificate of Formation in Delaware?
An LLC Certificate of Formation in Delaware is a legal document that officially forms a limited liability company in the state of Delaware.
Why is Delaware considered a popular state for forming LLCs?
Delaware is considered a popular state for forming LLCs due to its business-friendly laws, favorable tax treatment, and well-established court system.
How can I file for an LLC Certificate of Formation in Delaware?
You can file for an LLC Certificate of Formation in Delaware by submitting the necessary forms and fees to the Delaware Division of Corporations.
What information is required on an LLC Certificate of Formation in Delaware?
An LLC Certificate of Formation in Delaware typically requires information such as the name of the LLC, the address of the registered agent, and the names of the LLC’s members or managers.
Are there any restrictions on the name I can choose for my Delaware LLC?
Yes, there are certain restrictions on the name you can choose for your Delaware LLC, such as avoiding names that are already in use or that contain restricted words.
How long does it take for the LLC to be officially formed after filing the Certificate of Formation in Delaware?
The LLC is usually officially formed in Delaware within a few business days after filing the Certificate of Formation, provided that all the necessary requirements are met.
Do I need an attorney to file for an LLC Certificate of Formation in Delaware?
While it is not required to have an attorney to file for an LLC Certificate of Formation in Delaware, it is recommended to consult with an attorney to ensure all legal requirements are met.
What is the cost to file for an LLC Certificate of Formation in Delaware?
The cost to file for an LLC Certificate of Formation in Delaware varies, but typically ranges from $90 to $200 depending on the type of processing requested.
Can I choose a PO Box as the registered agent address on the LLC Certificate of Formation in Delaware?
No, a physical street address must be used as the registered agent address on the LLC Certificate of Formation in Delaware.
Can a non-US citizen form an LLC in Delaware?
Yes, a non-US citizen can form an LLC in Delaware as long as they have a valid US address and a registered agent in Delaware.
Is there an annual maintenance requirement for Delaware LLCs?
Yes, Delaware LLCs are required to file an annual report and pay an annual franchise tax to maintain their good standing.
Can I change the business address of my Delaware LLC after the Certificate of Formation has been filed?
Yes, you can change the business address of your Delaware LLC after the Certificate of Formation has been filed by filing an amendment with the Delaware Division of Corporations.
Are there any ongoing requirements for Delaware LLCs?
Yes, Delaware LLCs are required to maintain a registered agent in Delaware, file an annual report, and pay an annual franchise tax to remain in good standing.
Can Delaware LLCs operate outside of the state of Delaware?
Yes, Delaware LLCs can operate outside of the state of Delaware, whether in other states or internationally.
Can a Delaware LLC convert to an LLC in another state?
Yes, a Delaware LLC can convert to an LLC in another state by following the conversion process required by the state in which the LLC wishes to convert.
Can I dissolve a Delaware LLC if I no longer wish to operate the business?
Yes, you can dissolve a Delaware LLC by submitting the necessary forms and fees to the Delaware Division of Corporations.
Do I need to publish a notice of the LLC formation in a newspaper in Delaware?
No, Delaware does not require LLCs to publish a notice of formation in a newspaper.
Can a single-member LLC be formed in Delaware?
Yes, a single-member LLC can be formed in Delaware.
Are there any residency requirements for members of a Delaware LLC?
No, there are no residency requirements for members of a Delaware LLC.
How long does the Certificate of Formation stay on record in Delaware?
The Certificate of Formation is typically kept on record in Delaware indefinitely.
Is it possible to backdate the LLC Certificate of Formation in Delaware?
No, you cannot backdate the LLC Certificate of Formation in Delaware.
Can I fill out the LLC Certificate of Formation form online in Delaware?
Yes, you can fill out the LLC Certificate of Formation form online through the Delaware Division of Corporations website.
Can I change the name of my Delaware LLC after the Certificate of Formation has been filed?
Yes, you can change the name of your Delaware LLC after the Certificate of Formation has been filed by filing an amendment with the Delaware Division of Corporations.
Can a foreign entity form an LLC in Delaware?
Yes, a foreign entity can form an LLC in Delaware by following the necessary steps and requirements for foreign entity registration.
How do I know if the name I want for my Delaware LLC is available?
You can check the availability of a name for your Delaware LLC by searching the Delaware Division of Corporations’ online database.
Can I reserve a name for my Delaware LLC before filing the Certificate of Formation?
Yes, you can reserve a name for your Delaware LLC by filing a name reservation request with the Delaware Division of Corporations.
What is the purpose of a registered agent for a Delaware LLC?
A registered agent is responsible for receiving legal and official documents on behalf of the Delaware LLC.
Can I be my own registered agent for a Delaware LLC?
Yes, you can be your own registered agent for a Delaware LLC as long as you have a physical street address in Delaware.
What type of business activities can a Delaware LLC engage in?
A Delaware LLC can engage in a wide range of business activities as permitted by law in the state of Delaware.
What is an LLC Certificate of Formation?
An LLC Certificate of Formation is a legal document that establishes the existence of a limited liability company (LLC) in Delaware.

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In Conclusion

The formation document or the Certificate of Formation is the main document you need while forming your limited liability company in Delaware. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In Delaware, filing the Certificate of Formation is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also, offers other services such as Registered Agent, operating agreement, EIN, Certificate of Good Standing for foreign LLC establishment, business name search, and many more.

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