Known as "The First State" Delaware is a one of the best places to start your business. Although it’s the second smallest state in the union, a combination of a great location, lots of travel hubs, a business-friendly environment, zero sales tax and plenty of people make it an excellent choice. If you want to start your own business in Delaware, the easiest way to do that is by forming an LLC.
Delaware businesses are leaders in many sectors including banking, pharmaceuticals, technology, healthcare, farming, retail and more. In fact, more than half of all U.S. publicly traded companies and 63 percent of the Fortune 500 are incorporated in Delaware. The state has long been a favored place for large businesses to incorporate because the case law in Delaware strongly protects them.
Although these advantages may protect large national corporations they do not necessarily extend to small businesses and LLCs who do not operate in Delaware as in most cases they must still qualify and be able to do business in their home state to be officially recognized. Under most circumstances we recommend that small businesses that operate in a single state incorporate in that state. Of course, if you already live in Delaware, that makes it an ideal choice.
Limited Liability Companies (LLCs) are specially designed for small and medium sized businesses — they’re easy and inexpensive to create in Delaware. An LLC does give you significant benefits and protections.
In Delaware you also have the option to set up a "Series LLC" — these are specialized LLCs designed to allow you to manage multiple separate LLCs under one master, umbrella LLC.
Delaware LLCs have several benefits for business owners…
A Delaware LLC must have a designated address. That could be your home address (if you’re running the company from your residence), where your office is located or any physical address of your preference — even outside of Delaware. Unlike many other states you can use a PO Box as your designated address.
Every Delaware LLC must have a "registered agent". That could be you, the managing director, owner or a dedicated registered agent service. The registered agent in Delaware is someone who receives official legal and tax correspondence and has responsibility for filing reports with the Delaware Secretary of State.
At Incfile, all of our packages include a "Registered Agent" service free for the first year and $119 per year thereafter. We also have a dashboard you can login to and easily view any document your registered agent has received on your behalf. Here are a few reasons you might want to appoint Incfile as their registered agent service...
There are more considerations, but this should help you with your decision to use a Registered Agent service.
Your Delaware LLC members are the people who run and own the business. LLC members typically take profits from the business to pay themselves. In Delaware, listing the names and addresses of all managers or members when you register your Delaware LLC is optional. If you are the sole owner of your LLC, then you are the only member.
Filing a Certificate of Formation creates your Delaware LLC. Here at Incfile we can file your Certificate of Formation on your behalf with the Delaware Secretary of State and create your LLC too.
Your Operating Agreement covers how the business will be run, how managers and members are chosen, rights and duties of members and several other key areas. Here’s how to create your Operating Agreement. If you’re interested in having your Operating Agreement created for you, Incfile will draft a general Operating Agreement within most of our online business formation packages. It can also be selected as an add-on option in our Silver package. This Operating Agreement will be a basic template that you can make changes to anytime you see fit and covers the 20 most common business provisions. The Operating Agreement is an internal company document and does not need to be filed with any government agencies.
We also have a lot more information on how to form an LLC.
Incfile provides a cost-effective service to help you create your Delaware LLC. We guide you through the process and handle most of the administrative steps, such as filing the Articles of Organization on your behalf and providing a dashboard you can easily login to for access to all your Delaware LLC documents. Our basic package also provides a free registered agent service for the first year. If you're looking for help to start an LLC, our comprehensive services provide outstanding value.
|State Fee||State Filing Time||Expedited Filing Time|
|$90||15 Business Days||5 Business Days|
This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.
Due Date: June 1st
Filing Fee: $300
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+ $90 (state fee)
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EIN / Tax ID Number
Personalized Operating Agreement
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+ $90 (state fee)
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