When you incorporate an LLC in Delaware, you need to get certain forms, filings and permits in place. These include:
We’ll explain what each of these are and how you file them.
The Certificate of Formation is the formal document filed with the Delaware Secretary of State to create your LLC. It states certain information about your business. Once a certificate is filed with the secretary of state, it legally creates your business as an LLC in Delaware. Here’s what’s typically included:
Here at Incfile we automatically create and file your Certificate of Formation on your behalf when you start your business with us. The Delaware Secretary of State charges $90 to file a Certificate of Formation. You can also choose to pay an additional $100 for an expedited, rush service.
Depending on the type of business you’re running, you may need to obtain various business permits or licenses. If you're unsure what the permits and licenses should be for your Delaware LLC, we have a Business License Research package where a licensing expert will:
All Delaware businesses must have a Delaware Business License. You can apply for one on the Delaware Secretary of State website.
Various cities in Delaware have slightly different rules and fees for permits and licenses. Check with your local city administration to see what their rules are. You may need a separate permit or license for each city your Delaware LLC operates in.
Depending on the type of business you are running, you may need to get additional permits and licenses from the city, county or state of Delaware. You can find more information here. The frequency of how often you need to file permits varies depending on the permit type.
Depending on the type of Delaware business you are running, you may need to get licenses and permits from the federal government and various national agencies. You can find a complete list on the US Small Business Administration website.
Again, if you’d rather have someone do the research for you, check out our Business License Research service for $99 additional fee to your online formation package of choice.
In Delaware professionals can form LLCs. These are companies providing defined, professional services, and they typically need to be specially licensed. In Delaware, businesses engaged in the following activities are considered professional service organizations and must be properly licensed and regulated. Note that Delaware does not specifically recognize Professional Service LLCs any differently to regular LLCs.
Further information is available from the Delaware Secretary of State website.
Incfile provides a complete Business License Research Package that will tell you all of the licenses and permits necessary for your new professional LLC.
You will need to pay licensing and permit fees on a regular basis depending on the type of business you are operating and where you are located. These do vary from city to city and industry to industry. If you don’t want to do the legwork yourself, we provide a complete Business License Research Package that will tell you all of the licenses and permits for your new LLC. It includes:
You will also need to register with the Delaware Division of Revenue. This department is responsible for collecting gross receipt taxes and collecting state and business income tax. If you have employees, you must also register for both Employee Withholding Tax and Unemployment Insurance Tax.
Although setting up a Delaware LLC is very easy, managing one can be more complex. One way to make sure everyone is working to the same goals is by creating an Operating Agreement. Your Operating Agreement typically includes areas like:
Delaware state law requires you to have an Operating Agreement for your LLC, an Operating Agreement:
Your Operating Agreement only needs to be created once and updated if significant changes are needed. The good news is, Incfile provides an Operating Agreement with most packages and it can also be individually added to our basic Silver package. Our Operating Agreement provided will be a general template that covers the top 20 most common provisions for any new business. As your business evolves, you can make changes anytime as you see fit as this is an internal company document for LLC members and not filed with the state or IRS.
You will need to file an annual franchise tax report with the Delaware Department of Revenue. These are due by June 1 every year and the cost to file is $300.
As you can see, there are several forms and permits you need to conduct business, both initially and that you’re required to submit on an annual or biannual basis.
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. 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.
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|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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