The Delaware Certificate of Formation is the LLC form that must be completed and filed with the state in order to incorporate an LLC.
It is simple to file the Delaware Certificate of Formation!
We’ll walk you through the Delaware LLC Articles of Organization filing process in three simple stages.
Obtain Your Formation Certificate
Fill out the Formation Certificate
Fill up and submit the Certificate of Formation.
Step 1: Obtain Your Formation Certificate
You may submit your Delaware Certificate of Formation by mail or online. Whatever option you choose, you must download the Certificate of Formation PDF and fill out the relevant parts.
Step 2: Fill out the Formation Certificate
We will assist you with completing the Delaware Certificate of Formation form in this stage.
To finish each Article, you will need to know the following information:
Name of the Entity
Name of the Registered Agent and the Address of the Registered Office
Name of the Entity
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
Meets Delaware’s naming requirements.
Is not already in use by another Delaware firm
Adhere to the Delaware Naming Guidelines:
The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
The terms Company, Association, Club, Foundation, Fund, Institute, Society, Union, Syndicate, Limited, Public Benefit, or Trust may appear in your name.
Unless the firm is authorised as a bank by the state, your name cannot include the term “bank” or any variant. However, if the context clearly does not relate to a banking company or misleads the public about the nature of the firm, the term “bank” or any variant may be used. Bank Shot Basketball LLC is an example of a permitted usage.
Your name must be distinct from any other current company in the state.
Examine Name Availability:
Is your name accessible in the state of Delaware? Do a name search on the Delaware Division of Corporations website to ensure that the name you desire isn’t currently in use.
Obtain a Domain Name:
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so
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Registered Office and Registered Agent
A registered agent receives and transmits legal paperwork on behalf of your LLC. You must specify your registered agent and registered office when you form your Delaware LLC.
Your registered agent may be someone over the age of 18 who resides in Delaware. During normal business hours, your registered agent must always be present at the registered office. A P.O. box cannot be used as your registered office address.
Step 3: Submit your Certificate of Formation.
You must submit the Certificate of Formation with the Secretary of State to register your LLC.
There are two options for submitting your Certificate of Formation:
Online, upload a PDF copy.
Send a physical copy by mail or in person.
Following the Official Formation of Your Delaware LLC
After you’ve submitted your Certificate of Formation, you should do the following:
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
Make a Business Agreement
A Delaware LLC Operating Agreement is a legal document that defines your LLC’s ownership structure and member functions.
Although an Operating Agreement is not necessary in Delaware to incorporate an LLC, it is a good idea to have one. You may begin drafting your operating agreement before, during, or after filing your Certificate of Formation.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
Obtain an EIN
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.
Establish a Business Bank Account
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
Purchase Licenses and Permits
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. On the federal level, a few corporate operations need licences and/or permissions.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Use Delaware’s One Stop website to apply for or learn more about licences, permits, and registration.
Local: Inquire with your county clerk regarding local licences and permissions.