Convert an LLC or Corporation to a Delaware Company

By Justin Damiani Monday, June 17, 2019

cnversionIf you have already formed your company in another state, and then you realize you want the most experienced and respected corporate law behind you, the answer is YES! You can convert your company to a Delaware entity.  

Established corporate laws that govern Delaware companies are incomparable to what is offered by any other state in the nation. The Delaware corporate court system is recognized as being one of the most established and efficient in the United States.

If you would like your company to be converted to a Delaware Company, our dedicated team can prepare and file a Certificate of Conversion with the Delaware Division of Corporations for approval.  Along with the conversion filing, our team will also prepare and file a Delaware Certificate of Formation (for an LLC) or a Certificate of Incorporation with the state along with the conversion document. Once the conversion certificate is signed and filed, it typically takes about 3 to 5 business days for the Delaware Secretary of State to approve the filing.  We will email you the approved documents as soon as they’re stamped and approved by the Delaware Secretary of State.

The conversion process we offer includes all of the Delaware fees, filing fees and the first year of Registered Agent services in Delaware from Harvard Business Services, Inc. Our annual Delaware Registered Agent service fee is just $50 per year and guaranteed to remain fixed at $50 per year for the life of your company.

As the Registered Agent, HBS will be responsible for receiving and forwarding any correspondence from the Delaware Division of Corporations to the company in a timely manner.  As the agent, HBS will certainly send reminders to the company as to when the annual Delaware fees are due so that the company remains active and compliant in Delaware.

For an LLC, we need the following information to proceed with a conversion:

  • Name of Company
  • State where the Company is Formed
  • Communications Contact Name (for our internal records)
  • Physical Address
  • Email Address
  • Phone Number

For a Corporation, we need the following information to proceed with a conversion:

  • Name of Company
  • State where the Company is Formed
  • Communications Contact Name (for our internal records)
  • Physical Address
  • Email Address
  • Phone Number
  • Total Number of Authorized Shares
  • Par Value of the Shares

It’s important to note that we can assist with the Delaware side of a Conversion. Prior to moving forward with the conversion process in Delaware, clients typically consult with a tax professional or attorney to determine if the entity will owe any fees in the current jurisdiction of operation.  Sometimes clients contact the state’s Division of Corporations where the company is formed to determine if the entity will need to tie-up any loose ends prior to converting to Delaware.

I will be happy to assist with any questions you have as I can be reached at 1-800-345-2677 or 1-302-645-7400 ext. 6144 or via email at justin@delawareinc.com

Disclaimer

THE AUTHOR OF THIS BLOG ARTICLE IS NOT A LAWYER AND HARVARD BUSINESS SERVICES, INC. IS NOT A LAW FIRM. THE ARTICLE ABOVE IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. THIS SHORT ARTICLE IS STRICTLY TO MENTION SOME ASPECTS OF DELAWARE'S CORPORATION LAWS AND/OR LAWS RELATING TO OTHER FORMS OF ENTITIES WHICH YOU MAY NOT BE FAMILIAR WITH. WE RECOMMEND THAT YOU CONSULT WITH A LAWYER BEFORE FORMULATING A STRATEGY WHICH WILL BE SUITABLE FOR YOUR SPECIFIC CASE.

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