Since Delaware introduced the Public Benefit LLC entity type, Harvard Business Services, Inc. (HBS) continues to receive inquiries from clients and entrepreneurs from all over the world who are interested in this specific Delaware formation.
Clients form a Delaware Public Benefit LLC to offer a benefit to society while simultaneously gaining profits for the members. A Public Benefit LLC is ideal for the client who is interested in the custom management structure that a Delaware LLC provides, and whose company exists to provide a specific social good or benefit to the public and the community.
For clients who form the Public Benefit LLC, Delaware requires an additional Article on the Certificate of Formation that contains the company’s Public Benefit Statement. The statement must be specific, detailed and state how the entity will be a benefit to society or the community. A detailed benefit statement might state, for example, that a company’s mission is ‘to provide funding for construction materials so that homes can be built for those in need in South America to improve the quality of life of residents within the community.’ With this statement, the company owner shows their passion for construction, as well as their passion for helping others. In promoting their company as a Delaware Public Benefit LLC, a founder is simultaneously letting stakeholders know of the company’s altruistic intent.
The management structure and ownership percentages of a Delaware Public Benefit LLC can be customized and listed internally within the Operating Agreement. They do not need to be filed with the State. The benefits that the LLC offers, however, are listed within the internal Operating Agreement and filed with State.
The annual fees for a Delaware Public Benefit LLC to remain active and compliant in Delaware are the same as for a regular LLC. The entity must maintain a Delaware based Registered Agent. Also, a Delaware Franchise Tax of $300 is due by June 1 of each year for the entity to remain active in Delaware. The HBS Delaware Registered Agent fee is $50 per year per company guaranteed never to increase.
Please feel free to access a helpful webinar regarding the Public Benefit entity type by clicking here. The webinar provided discusses the differences between a Public Benefit LLC and Public Benefit Corporation.
If you have any questions regarding the Public Benefit LLC or need assistance with forming a Delaware company, we can be reached at 1-302-645-7400 or 1-800-345-2677 ext. 6900 or via email at firstname.lastname@example.org. We can also be reached via Skype at delawareinc.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source's content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.