Delaware LLC Certificate of Formation Filing Guide

If you’re looking to form an LLC in Delaware, it’s important to know the steps involved in filing a Certificate of Formation. This guide will provide you with a brief overview of what you need to do to get started.

 

 

Overview of Delaware LLC Certificate of Formation

The Delaware LLC Certificate of Formation is a crucial document required to establish a Limited Liability Company in the state. To file for the Certificate of Formation, you need to submit a request to the Division of Corporations – state website. After submitting the request, you’ll receive the forms needed for the filing. The Certificate of Formation is a document that shows the birth certificate of your LLC. It contains important information about your operations, such as the company’s name, address, and time-stamp. To complete the filing process, you’ll need to pay the necessary fees and submit the documentation required by the Secretary of State. Once you receive the Certificate of Formation, you can start your business operations in the state of Delaware.

Methods and requirements for filing a Delaware LLC

To file a Delaware LLC, you must submit a Certificate of Formation to the Secretary of State. This document should include the name of your company, a registered agent, and a statement of the LLC’s purpose. Choose between a standard LLC or a public benefit LLC. The filing fee is $90, and you’ll receive a file number and good standing certificate upon approval. You can file online or by mail, and expect processing times of 1-2 weeks. Make sure to have a name reservation and the company’s LLC Operating Agreement ready. Additionally, keep in mind that Delaware offers series LLCs, apostilles, cancellations, restated certificates, and amendments.

Cost and processing times for Delaware LLC formation

Filing Option	Cost	Processing Time
Standard Filing	$90	8-10 business days
Expedited Filing (24 hours)	$200	24 hours
Expedited Filing (2 hours)	$500	2 hours

 

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How to complete the Delaware LLC Certificate of Formation

To complete the Delaware LLC Certificate of Formation, you will need to provide the company’s name, registered agent, and the names of the members or managers. You should also include the duration of your LLC and a statement of the purpose of the company, although both of these are optional. Once you have completed the form, you can file it with the Division of Corporations and pay the appropriate filing fee. You will receive a Certificate of Formation once your LLC has been approved. Remember to also prepare your company’s LLC Operating Agreement and obtain any necessary permits or licenses for your business. For more information and step-by-step guidance, consult with an attorney or a reliable online filing service like Harvard Business Services, Inc.

Cover Letter instructions for mail filing of Delaware LLC Certificate of Formation

Include a cover letter with your mail filing of the Delaware LLC Certificate of Formation. The letter should identify the Limited Liability Company with its name reservation and file number. Provide a brief summary of the Certificate of Formation that you are submitting and request a time-stamp and a corporation certificate. If you need an apostille or a good standing certificate, mention that in the letter. If you are submitting the Certificate of Formation for a Delaware Series LLC, include the necessary documentation and forms. Check the Delaware Division of Corporations’ website for any cancellation or amendment forms that may be required.

Delaware LLC approval process and timeline

Step	Description	Timeline
Choose a name	Choose a unique name that complies with Delaware name requirements	N/A
File Certificate of Formation	File the Certificate of Formation with the Delaware Division of Corporations	1-2 business days for standard processing, same day for expedited processing
Approval	Upon approval, the Division of Corporations will issue a Certificate of Formation	1-2 business days for standard processing, same day for expedited processing
Publication	Publish a notice of the formation in a Delaware newspaper (only required for LLCs with more than one member)	N/A
Obtain necessary licenses and permits	Obtain any necessary licenses and permits at the local and state level	Varies by location

Benefits of choosing Delaware for LLC formation

Choosing Delaware for LLC formation has a lot of benefits. Delaware has a business-friendly legal system, which makes it easy for businesses to protect their assets. The state also offers a lot of privacy to business owners. Delaware LLCs have a lot of flexibility when it comes to management and ownership structure, which makes them an attractive choice for entrepreneurs. In addition, the state has a lot of experience in handling all types of businesses, from small startups to large corporations. Delaware offers public benefit LLCs, series LLCs, and other options to meet your needs. Harvard Business Services, Inc. and the Delaware government offer easy steps for LLC formation, including restated certificates, amendments, cancellations, and apostilles.