Requirements to Form an LLC in Delaware

Delaware is the best state to incorporate a company or form an LLC.

More than two-thirds of the companies filed in Delaware are limited liability companies.

The process to form an LLC in Delaware is not difficult. If you would like to start a Delaware LLC, we can assist you with the entire company formation process. Below is a simple explanation of how to form an LLC in Delaware:

• Decide on a name for your LLC. We provide a free Delaware LLC name search to verify that the company name you want is available to you.

• After you file your new business entity with our online form, we will file it with the Delaware Secretary of State. You will receive a Certificate of Formation within 2 - 3 business days, indicating your LLC has been approved by the Delaware Secretary of State.

• Obtain your LLC's Federal Tax ID Number (also known as an EIN).

• Create an LLC Operating Agreement, which will serve as the primary governing document for your company.

It’s worth noting that when forming an LLC in Delaware, the LLC member's (owner's) information is not required to be provided to the state of Delaware and therefore does not become part of the public record.

Our team at Harvard Business Services has been forming and filing Delaware LLCs for over 40 years. Below, we have answered the most frequently asked questions about starting an LLC in Delaware.

I'm not a Delaware resident and don't have a physical address in Delaware. Can I still form an LLC in Delaware?

Yes, a non-resident with no physical address in Delaware can form a Delaware LLC. Delaware only requires the company to have a Registered Agent in Delaware. Harvard Business Services, Inc. has been a Delaware Registered Agent since 1981.

For further information, read Information That Is Not Required to Form a Delaware LLC.

What is the job of a Delaware Registered Agent?

A Registered Agent is the liaison between your company and the State of Delaware's Division of Corporations. If you plan to start a Delaware LLC, you will need to hire a Registered Agent. Registered Agents are responsible for receiving and forwarding government notices and service of process in a timely fashion. Some examples of documents received and forwarded are Franchise Tax reports, late notices and void notices from the Delaware Secretary of State. Our Registered Agent service is just $50 per year for the life of your company, as long as your company remains in good standing with the state of Delaware.

For more information, read What Is a Delaware Registered Agent?

Can I form a Delaware LLC and operate it in another state?

Yes, you can start an LLC in Delaware and operate it in another state. Your business is considered domestic to the state of Delaware and foreign in all other states. People often form an LLC in Delaware to take advantage of its strong corporate law structure. Typically, to operate in another state's jurisdiction, the Delaware LLC will need to file for Foreign Qualification and receive a Certificate of Authority as a foreign entity in order to operate in that state.

You can read more about operating as a foreign entity here: What Is Foreign Qualification?

I'm a non-U.S. citizen and do not have a Social Security Number (SSN) or an Individual Tax Identification Number (ITIN). Can I form an LLC in Delaware and operate business from my home country?

Yes, anyone anywhere (except for sanctioned countries by the U.S.) in the world can form a Delaware LLC and operate lawful business activities all over the world, U.S. citizenship is not a Delaware LLC requirement.

For more guidance, read Can Non U.S. Clients Form Delaware LLCs? Yes!

Can the Delaware LLC obtain a Federal Tax ID Number if the members do not have Social Security Numbers (SSN) or Individual Tax payer Identification Numbers (ITIN)?

Yes, you can legally form and file a new Delaware LLC and obtain a Federal Tax ID Number from the IRS, regardless of whether or not you have an SSN or ITIN.

What documentation is required to form a Delaware LLC?

Forming an LLC in Delaware does not require documentation. The only information required, whether you are a United States citizen or not, is:

• Name of the company (check a company name for free)

• Communications Contact (must be an individual)

• Email address

• Telephone number

• Street address (city, state, country and postal code), which can be anywhere in the world

• Initial member(s) we are releasing the LLC to until successors are elected internally through the LLC Operating Agreement

• Shipping and billing address

• Method of payment (all major credit cards, electronic check, wire transfer, money order or check)

For additional information, read What You Need to Form an LLC in Delaware.

Do I have to open a bank account in Delaware? What is required to open a bank account?

No, the bank account does not have to be opened in Delaware to start an LLC in Delaware; it can be opened anywhere in the world. Typically, to open a U.S. business bank account, bankers require a copy of the Certificate of Formation, the Federal Tax ID Number and a member or manager from the LLC to appear in person.

For further details, read Banking Clarification.

Can you assist me in opening our bank account?

The opening of a business bank account could be different for every applicant; you are at the mercy of each particular bank and how it processes the request. At this time, Harvard Business Services, Inc. cannot assist with the opening of a business bank account. However, if an address is needed or any additional documentation is required to process your request, we will be glad to help in any way possible. Note: be very cautious of any company that offers to open a bank account on behalf of your LLC.

Am I required to state the purpose of the business in order to form a Delaware LLC?

No, you are not required to state the purpose of the business when you start a Delaware LLC, since it is not required to be listed on the Certificate of Formation filed with the state of Delaware. Harvard Business Services, Inc. will only need to know the purpose of the LLC if you ask us to obtain a Federal Tax ID Number for you from the IRS.

Is the member or manager information for the Delaware LLC available on the public record?

No, this information is not available on the public record and is not required to be listed on the Certificate of Formation filed with the state of Delaware. The member or manager information for your Delaware LLC is typically kept internally within the LLC Operating Agreement.

For detailed information on how we file the LLC and do not release the member or manager information, read Form a Delaware LLC without Releasing Your Name on the Public Record.

What are the requirements for naming a Delaware LLC?

The only requirement for naming a Delaware LLC is that it must have one of the following three endings: LLC, L.L.C. or Limited Liability Company.

For more information about LLC, naming rules, read about Naming Delaware LLCs.

When do we obtain the Federal Tax ID Number (EIN)?

A Federal Tax ID number (EIN) is typically obtained after the formation of the LLC.

For more information on this process, read Obtaining a Tax ID Number for a Delaware LLC.

How long will it take to receive my approved Delaware LLC documentation from the State of Delaware?

Typically, the approved documents are emailed to you within two to three business days after the filing is submitted to the Delaware Division of Corporations.

Do I need to reserve an LLC company name?

No, the state of Delaware does not require you to reserve an LLC company name. With our same-day filing service, the name is officially unavailable for others to use once we file the LLC with the state of Delaware. Typically filings are submitted to Delaware on a same-day basis if the order is received by 4:30 PM Eastern Standard Time.

Do I need to visit the State of Delaware in order to form an LLC?

No, you are not required to visit the state of Delaware to form an LLC. As previously mentioned, anyone anywhere (except sanctioned countries by the U.S.) in the world can form an LLC in Delaware without visiting the state or becoming a U.S. citizen. The order can be done by phone (800-345-2677) or online. If you prefer to stop by our office, we would be glad to meet face-to-face and process the order right then and there.