What You Need to Form an LLC in Delaware
By Devin Scott
Tuesday, April 30, 2013
You are ready to form a Delaware LLC; you know Delaware has the strongest corporate law structure to protect your business, and you're ready to start your business. Now what? What do you need to form a Delaware LLC? The answer is simple.
We will ask for:
- A company name: We will check the name to make sure it is available to be filed with the Delaware Division of Corporations. We can determine this very quickly, and if it is unavailable, we can help you find a second choice. Sometimes it can be as easy as just adding, or changing, one word in your company name to make it available.
- Contact information: We will ask for the name, address, phone number, and email of a contact person for your company. Usually this is YOU, but the contact person does not need to be a member. Sometimes, a client will prefer that their accountant or attorney act as the contact person. Typically, the contact person is not listed on the Certificate of Formation; however, the Delaware Division of Corporations may request the contact person’s information from their Registered Agent.
- Names of the initial member or members: This is so we can release the LLC to the initial managing member(s). They are not listed on your Certificate of Formation and are not filed with the Delaware Division of Corporations. Members can resign at any time, and new members can be added, as specified, in the Operating Agreement.
Other than a form of payment, this is all we need to form your LLC with the Delaware Division of Corporations. This is how easy it is to form a Delaware company.
We can take the information from you over the phone, or you can give us this information online. We will file the Delaware LLC on a same day basis and that date will be the “birth” date of the company (usually referred to as the formation date). The typical turnaround time is two to four business days with normal processing, except during some of the busiest days of the year. Some clients elect to expedite their order in order to receive their approved Certificate of Formation the same day. The time-stamped document we email you will be exactly the same as if we were to put it in the mail. This is just another advantage of forming a Delaware LLC with Harvard Business Services, Inc.