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DELAWARE

Why Form a Limited Liability Company (LLC)?


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Naming Your Delaware Limited Liability Company

You need the right name for your Delaware LLC. Choosing the right name is vital because it tells your suppliers, customers and employees what your business does. Delaware has several rules and regulations about what you can call your new business. Let's explore what they are...

General Delaware Secretary of State Rules on Naming Your LLC

  • The name needs to be unique and not used by another LLC or business operating in Delaware
  • The name of your Delaware business must end with "Limited Liability Company," "L.L.C." or "LLC"
  • The name of your LLC can contain the names of members or the words "Club," "Foundation," "Fund," "Institute," "Society," "Union," "Syndicate," or "Trust"
  • The name can include words in a foreign language, as long as you provide a translation into English when filing the LLC
  • Some words, like "Bank," "University" or "College" are restricted and need additional paperwork
  • Other words, typically those associated with certain professions and licensed individuals require the individual to be part of the LLC — for example, doctors, engineers or accountants
  • The name may cannot include the words "Corporation," "Corp.," "Incorporated" or "Inc."
  • Certain words are prohibited, particularly those that would confuse the name of your LLC with a federal or state agency e.g. FBI, CDC, Treasury etc.
  • An available name can be reserved with the Delaware Secretary of State for up to 120 days by paying a fee of $75. This is not necessary if you are forming an LLC straightaway.

 Don't Confuse Your Delaware Business Name With Another Business Name

  • "It should not be possible to confuse the name of your business with the name of another Delaware business"
  • "The following terms can't be used to say your business name is different to another business name:"
    • "Suffixes like Corporation, Company, Incorporated, Incorporation, Limited, Corp, Co, Inc, Ltd, LLC."
    • "Definite articles like "A", "And", "An", "&" "The" etc."
    • "The singular, plural or possessive forms of a word"
    • "Punctuation and symbols"
    • "Abbreviations of words"
    • "Different typefaces, fonts, superscript, subscript etc."
  • "For example, you can't claim that Blue Widget Co., Blue Widget LLC, Blue Widget Incorporated, Blue-Widget-Company or Blue Widget are different to each other"

Delaware Information on Naming an LLC

  • "You can reserve a name online through the Delaware Secretary of State website. Please note that you do not need to reserve a name if you are forming an LLC. By registering a LLC, the name will automatically be reserved for your business. You would normally only reserve a name if you are not planning on forming a new company anytime soon."
  • "A name can be used to form any type of business entity, not just an LLC."
  • "Just filing a name registration doesn't guarantee you will be granted the name. You should wait until your LLC is formally created before using the name for anything else."

You can find complete information on naming your LLC on the Delaware Secretary of State website.

Rules on Infringing on Service Marks or Trademarks Inside or Outside Delaware

In addition to the rules above, it's also vital to see if your name might infringe on the trademark or service mark of another business. For example, it might not be a good idea to call yourself "iPhone Repair Services," since iPhone is a trademark owned by Apple.

The easiest way to see if your proposed business name infringes is to carry out a trademark search. You can do that via the United States Patent and Trademark Office. You should also bear in mind that your business entity name cannot be substantially similar to an existing trademark or service mark.

What Should You Call Your Delaware LLC?

Finding the perfect name can be tough. You want a business name that:

  • "Describes what your Delaware business does"
  • "Appeals to your planned audience"
  • "Makes your business easy to find"
  • "Is relatively unique"
  • "Doesn't limit you to a particular location or type of product or service"

Fortunately, we've got some good advice on seeking out the perfect business name for your Delaware LLC. Check out our guidance on naming your LLC and get inspired.

You've Found the Perfect Name, What Next?

Once you've found the right name for your business, it's time to make it a reality. Check out our packages we offer for forming your Delaware LLC and start your LLC today.

Cities in STATE NAME to Form Your LLC

Best Cities in Delaware to Form Your LLC

Delaware is home to some beautiful cities. Three of the best cities in Delaware to consider when it comes to forming your Delaware LLC are Wilmington, Dover and Newark. We gathered some stats for you on each of these cities.

Starting an LLC in Wilmington, DE

The largest city in Delaware, Wilmington has a lot going for it. It's a national financial center for the credit card industry and also boasts insurance, retail banking and legal services as key sectors.

  • "Area of city: 17 sq mi"
  • "Population: 72,000"
  • "Population density: 6,498 people / sq mi"
  • "Cost of living: 7 percent above national average; housing is 8 percent more expensive"
  • "Time zone: EST"
  • "Sales tax: Zero"

Starting an LLC in Dover, DE

Dover is the second-largest city in Delaware and is also the state capital. It's one of the fastest-growing areas in the state.

  • "Area of city: 23 sq mi"
  • "Population: 37,500"
  • "Population density: 1,600 people / sq mi"
  • "Cost of living: 3 percent below national average; housing is 18 percent cheaper"
  • "Time zone: EST"
  • "Sales tax: Zero"

Starting an LLC in Newark, DE

Newark is the third largest city in Delaware and home to the University of Delaware.

  • "Area of city: 24 sq mi"
  • "Population: 31,500"
  • "Population density: 3,200 people / sq mi"
  • "Time zone: EST"
  • "Sales tax: Zero"

Ready to Start your Delaware LLC?

Incfile provides a cost-effective service to help you create your Delaware LLC in either Wilmington, Newark, Dover or any city in Delaware that you reside. We guide you through the process and handle most of the administrative steps, such as filing the Articles of Organization on your behalf. We also include access to an online dashboard with all of your LLC forms and 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 online formation services provide outstanding value.

Only $49 + State Free To Launch Your Business

Clear Pricing. No Contracts. No Surprise.

What are the fees and requirements to form a business in Delaware?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$90 10 Business Days 2 Business Days

Compliance Requirements

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.

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Learn more about starting a business in Delaware

Additional resources, guides, and articles for better decision making.

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