How to Start an LLC in Delaware

For decades, Delaware has reigned supreme as the best state to incorporate a company or form an LLC. At Harvard Business Services, Inc., our team can act as your guide while forming one of these businesses, ensuring that each step is completed without a hitch. The process to form an LLC in Delaware is not difficult, and we can assist you throughout the entire company formation process. Here are some of the most important Delaware LLC filing requirements:

• Choose a Name for Your LLC
• Hire a Delaware Registered Agent
• File the Certificate of Formation
• Obtain a Federal Tax ID Number (EIN)
• Create an LLC Operating Agreement

Let’s dive into each of these Delaware LLC requirements, so that you’ll have a general idea of what’s to come as you form your new business.

1. Choosing a Name for Your LLC

One of the most important requirements to form an LLC in Delaware is creating a unique business name. There are over 200,000 Delaware LLCs, so it may be a challenge to find a name that's unique. The only other 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. Otherwise, simply review Delaware LLC name availability to ensure your company name is available

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

2. Hiring a Delaware Registered Agent

If you plan to start a Delaware LLC, hiring a Registered Agent with a physical address in the state is a Delaware LLC filing requirement. Registered Agents act as a liaison between your company and the Delaware Division of Corporations. They are responsible for receiving and forwarding important legal and government documents in a timely manner. This includes service of process (such as lawsuits), Franchise Tax notices, annual report reminders (for corporations), and compliance-related communications like late or 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?

3. Filing a Certificate of Formation

More than two-thirds of our companies filed in Delaware are limited liability companies, and 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. The State of Delaware only requires the company to have a Registered Agent in Delaware. Harvard Business Services, Inc. has been a Delaware Registered Agent since 1981.

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

Yes, it's fairly common to form a Delaware LLC 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 Taxpayer Identification Number (ITIN). Can I form an LLC in Delaware and operate a 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, you can read about Forming a Delaware Company as a Non-Resident.

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

There is no documentation required to form an LLC in Delaware. 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, a Delaware bank account is not a Delaware LLC requirement; 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 our 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. After starting a Delaware LLC, the member or manager information 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.

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.