Forming an LLC in Delaware

  1. Choose a Name for Your LLC: The name must include “Limited Liability Company” or abbreviations like “LLC” or “L.L.C.” It should be unique and not resemble names of existing entities in Delaware.
  2. Designate a Registered Agent: Your registered agent must have a physical address in Delaware. They will receive legal documents on behalf of your LLC.
  3. File Certificate of Formation: Submit the Certificate of Formation to the Delaware Division of Corporations. This can be done online, by mail, or in person.
  4. Create an Operating Agreement: While Delaware does not require LLCs to have an operating agreement, it’s a good practice to create one to define the management structure and operating procedures.
  5. Obtain an EIN: Just like in Wyoming, you’ll need to get an Employer Identification Number from the IRS.
  6. Register for State Taxes: If you’re doing business in Delaware or have a physical presence, you may need to register for specific state taxes.
  7. Annual Franchise Tax: Delaware LLCs are required to pay an annual franchise tax.
  8. Comply with Other Regulatory Requirements: Ensure you have all necessary licenses and permits, depending on your business activities.

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