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How to start an LLC in Delaware

How To Start an LLC in Delaware:

Starting a Business in Delaware: A Step-by-Step Guide to Registering an LLC

If you're interested in Registering an LLC (Limited Liability Company) in Delaware, you've come to the right source. Our extensive guide will take you through the entire process, simplifying the process of Forming an LLC. Explore the benefits of establishing an LLC, which encompass liability protection, tax advantages, and other advantages for small businesses.

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Follow these eleven clear-cut steps to launch your Delaware LLC successfully:

  • Choose a Name for Your Delaware LLC
  • Choosing an appropriate name is the initial crucial step before registering your LLC in Delaware. Remember these essential naming requirements:

    • Your business name should incorporate a suffix like Limited Liability Company, LLC, or L.L.C.
    • Make sure your selected name is unique within the state of Delaware by conducting a search on the Delaware Department of State, Division of Corporations’ website.
    • Avoid using terms associated with government entities (e.g., State Department, CIA, FBI, Treasury).
    • Use of the word Bank or any variation requires approval by the Delaware State Bank
    • Use of the word college or university requires approval from the Delaware Department of Education
    • Delaware requires that a business name is not misleading, in other words your business name should be related to the purpose of your business.
    • Delaware prohibits business names that:
      • discriminate or disparage a protected group of persons
      • deceive the public about the business purpose
      • incite or foster criminal acts
    • Don't overlook checking the availability of your chosen URL, as it's important to secure your domain name early in the process.
  • Appoint a Registered Agent
  • In Delaware, it's mandatory to designate a registered agent for your LLC. Your registered agent is responsible for receiving official legal documents and notices on behalf of your business. Make sure your chosen registered agent meets these requirements:

    • They should be available during regular business hours to accept documents.
    • The agent must have an address within Delaware.
    • If you're comfortable with using your own address and can be available during business hours, you have the option to list yourself as the Registered Agent in the State of Delaware.

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    If you'd rather not take on this responsibility, BusinessRocket offers professional Registered Agent services in the State of Delaware. Our Registered Agent services are free for the first year and are priced at just $149 annually for new clients. This service ensures that your company has a dependable and compliant Registered Agent, providing you with peace of mind and convenience while helping your LLC maintain compliance with state regulations.

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  • Prepare and File Articles of Organization
  • The Articles of Organization play a vital role in officially establishing your LLC in Delaware. You can submit these documents to the Delaware Division of Corporations. If you're unsure about the procedure for filing with the Division of Corporations, remember that BusinessRocket is available to provide professional assistance and can handle the filing on your behalf, with no additional charge to you. After your application is submitted and approved by the Division of Corporations, your LLC will gain its legal entity status.

  • Create an Operating Agreement
  • In Delaware, an LLC is also mandated to have an operating agreement, although it is not required to be filed with the state. Nevertheless, it should be easily accessible for reference. An operating agreement delineates how your LLC conducts its business affairs and can be instrumental in resolving disputes.

    At BusinessRocket, we recognize the significance of this document in effectively managing your business and adhering to Delaware’s regulations. That's why we offer professionally crafted legal operating agreements designed specifically for the state of Delaware. These agreements ensure that your company is not only correctly established but also aligns with all state requirements, offering transparency and legal safeguarding for your business activities.

  • Obtain an Employer Identification Number (EIN)
  • The IRS assigns a vital nine-digit EIN that plays a crucial role in taxation and the establishment of a business bank account. It functions as the equivalent of your business's Social Security number, enabling your company to engage in financial transactions with both vendors and government entities. For additional information about the EIN, please click here.

    Recognizing the significance of promptly and accurately obtaining your EIN, BusinessRocket provides an expedited service for retrieving your EIN number from the IRS. Our goal is to ensure that the filing process is not only efficient but also secure, ultimately saving you precious time and minimizing the effort required.

  • Pay your Business Entity Tax
  • Every Delaware LLC is obligated to pay an annual Business Entity Tax of $300, due on or before June 1. If the tax remains unpaid, it will incur a late penalty fee of $200, and it will also accumulate interest fees every month. The Division of Corporations takes a proactive approach by sending an annual tax statement 60 days before the due date.

    Failing to pay the annual tax leads to the loss of the LLC's good standing, hindering its ability to operate in the state until the tax is settled. To regain good standing, the LLC must pay overdue annual taxes, penalties, and interest for each neglected year, allowing it to restore status and resume operations in the state.

    Ready to form your LLC?

    Pay for only what you need, get your company active in record time!

  • Open a Bank Account
  • Establishing a separate business bank account holds significant importance for several reasons. Firstly, it serves as a crucial measure to maintain a distinct separation between personal and business finances, a necessity for accurate record-keeping, financial reporting, and adherence to tax regulations. Secondly, it contributes to the professional image of a business, enabling transactions to occur under the official business name, which in turn builds trust with customers, vendors, and partners. Furthermore, a business bank account simplifies the task of monitoring business expenses, managing cash flow, and gaining access to specialized financial services and tools offered by banks. Lastly, it provides essential legal protection by upholding the limited liability status of the business entity and safeguarding personal assets in the event of legal issues or business debts. In summary, a dedicated business bank account ensures financial organization, enhances credibility, and offers crucial legal safeguards for a company.

    To further streamline this process, if you require assistance in opening a bank account, BusinessRocket collaborates with some of the top financial institutions to facilitate this procedure after the formation of your Delaware LLC. This ensures a seamless beginning to your financial operations.

  • Obtain Specialty Licenses and Permits
  • Newly established LLCs may find it necessary to obtain additional licenses and permits from local municipalities based on the specific nature of their business activities and the regulations established by local government authorities. These licenses and permits are typically required to ensure compliance with various local regulations, such as zoning laws, health and safety standards, and other applicable ordinances that can vary depending on the location. For instance, a restaurant LLC might need food service permits, whereas a construction LLC could be obligated to secure building permits. Failing to acquire these essential licenses and permits can lead to legal consequences, fines, and, in severe cases, the closure of the business. Hence, it is of utmost importance for newly formed LLCs to thoroughly research and comprehend the local requirements and take the necessary steps to obtain the appropriate licenses and permits, ensuring their lawful and smooth operation within their jurisdiction.

  • Start Building Business Credit
  • A recently formed LLC can initiate the process of building its business credit by initially acquiring a single business credit card and gradually expanding its credit profile. This progression resembles how individuals prudently manage their personal credit history as they come of age. Responsible usage of the business credit card, including making timely payments and maintaining a low credit utilization ratio, allows the LLC to establish a positive credit track record. What distinguishes businesses in the credit-building process is their potential for accelerated growth, given the higher volume of revenue that flows through their business accounts. A company's revenue and financial transactions can have a substantial impact on its credit rating, opening doors to larger lines of credit, loans, and more favorable financing terms. Thus, it is imperative for businesses to nurture their creditworthiness, ensuring future financial stability and capitalizing on growth opportunities.

  • Keep Proper Bookkeeping and Financial Reports
  • Accurate record-keeping of business income and expenses is crucial for newly established Delaware LLCs for several compelling reasons:

    • Legal Adherence: It ensures compliance with tax laws and regulations, reducing the potential for penalties and audits
    • Financial Transparency: It offers a clear snapshot of the company's financial condition and profitability.
    • Budgeting and Strategy: It aids in formulating realistic budgets and making well-informed financial choices.
    • Tax Preparation: It simplifies the precise completion of tax returns, optimizing deductions and minimizing tax obligations
    • Income Verification: It serves as evidence of income for loans, leases, and contracts, facilitating access to financing and business opportunities.
    • Audit Trail: It establishes a reliable audit trail that can efficiently resolve discrepancies and inconsistencies.
    • Financial Accountability: It demonstrates responsible financial management to stakeholders, building trust and credibility.

    In summary, maintaining robust record-keeping practices is fundamental for both legal compliance and the overall financial health and growth of newly established Delaware LLCs

    If you require assistance in maintaining accurate financial records, BusinessRocket offers a comprehensive bookkeeping solution tailored for newly established Delaware LLCs. This service provides an affordable and convenient means of effectively managing your records.

  • Hire an Accountant
  • For newly established LLCs in Delaware, it's imperative to promptly engage the services of an accountant because receiving professional financial guidance from the outset can lay a solid foundation for the business. Accountants can aid in selecting the most tax-efficient structure, navigating intricate tax regulations, and establishing effective financial systems. Their expertise ensures that the company commences on the right path, capitalizes on tax advantages, avoids costly errors, and stays compliant with financial reporting obligations. Early consultation with an accountant can lead to time and cost savings in the long term, enabling the LLC to concentrate on growth and profitability while mitigating financial risks and uncertainties.

    If you are in need of an accountant, BusinessRocket offers a comprehensive tax solution tailored for newly established Delaware LLCs, with pricing starting at just $29.99 per month. This provides an economical and convenient avenue to access professional financial support.

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What our clients say.

Top notch service. Quick response to any questions and BusinessRocket provided all my documents needed to start operating my business within a few days! My new go to formation partner!

DAVE CRAWFORD
DAVE CRAWFORD
Customer Since 2017
DAVE CRAWFORD

Super easy process to get all legal documents that we need to start our company. They were quick to response to any of our questions.

RUBEN E.
RUBEN E.
Customer Since 2017
RUBEN E.

My experience with BR has been fantastic! They are knowledgeable, they offer a great variety services to tailor to your needs, and they are quick to respond and easy to work with.

DAN
DAN
Customer Since 2017
DAN

3 years ago I found myself desperate about how to register a new business and I asked BusinessRocket to help me. I know the team for years and trust them. It was a piece of cake. They are very attentive and have outstanding customer service. I opened holistic business and real estate business and recommend this team to everyone who needs their help. They are the team to trust.

Lyudmyla Rybak
Lyudmyla Rybak
Customer Since 2017
Lyudmyla Rybak

Since I’ve started using businessrocket.net services it became much easier to manage my business. It is most important at the beginning stage, when the business starts growing and the idea to use this help at that point has only strengthened my hopes for success.  If I have any problems or questions they are always happy to answer any of them in a short time. Great service for a reasonable price which I'm recommending to my friends.

Askar Tarzimanov
Askar Tarzimanov
Customer Since 2018
Askar Tarzimanov

BusinessRocket is the best service out there. The staff is friendly and knowledgeable. The pricing is great compared to competitors. I will use them again in the future. They made the whole process easy and took the time to explain what I needed.

Jared Schwartz
Jared Schwartz
Customer Since 2016
Jared Schwartz

Excellent services.

Gilles Tateossian
Gilles Tateossian
Customer Since 2015
Gilles Tateossian

Greatest company ever. I worked with them about 4 years. Always fast responding, communicating. Handle my company issues with professionalism. I'm recommending he's to all my friends.

Konstantin Fedorov
Konstantin Fedorov
Customer Since 2015
Konstantin Fedorov

With BusinessRockets Exceptional knowledge of many industries, we go to them for everything. The most annoying thing for me that was simple for them was getting my TCP. BusinessRocket is my go-to one stop shop. 4 years running.

Lamont Smith
Lamont Smith
Customer Since 2015
Lamont Smith

Professional in their field! Great attitude!

Efim Gurianov
Efim Gurianov
Customer Since 2017
Efim Gurianov

The best business service company I've work with, bar none! Alex and his team are professional, punctual, highly verse in their field, and great to work with! wishing them more success down the road!

Shad Mishu
Shad Mishu
Customer Since 2018
Shad Mishu

Best business services company in Southern California helping local business, as well as nationwide company formation and wide network of registered agents and solutions for your business ventures.

Michael Mann
Michael Mann
Customer Since 2012
Michael Mann

BusinessRocket has been assisting me with my various businesses over the past several years. They spend the time going through the options to ensure that I make informed decisions.

Loren Charles
Loren Charles
Customer Since 2016
Loren Charles

So glad I found BusinessRocket! They are professional and have a personal approach to their clients. They genuinely care and hold your hand through the process. If anyone ever wants to open a new business or needs help managing the existing one - they are the best ones in the industry!

Maria Simovski
Maria Simovski
Customer Since 2019
Maria Simovski

Our office has been working with BusinessRocket for close to four years and in this time they have been an immense help to our practice. We consider them a partner in our business due to their great knowledge along with their willingness to always help. We consider them a great asset to our company and will always recommend them.

Hedy Golshani
Hedy Golshani
Customer Since 2017
Hedy Golshani

Very informative and responsive. They answered all my questions and concerns with corporate formation and taxes.

Omar Awadallah
Omar Awadallah
Customer Since 2013
Omar Awadallah

I have been a BusinessRocket client for many years. The staff is friendly and helpful, which makes it super easy to communicate my needs. And each year that I have been their client, they surprise me by their effort. But this year, BusinessRocket forever earned my loyalty. Earlier this year purchased a domain that I wanted for my new business. But, I instantly ran into a problem when it was time to form the corporation. The name that I wanted was very close to an existing one. I told Angela at BusinessRocket, that I wanted that name, for my corporation. After multiple rejections by the Secretary of State, and conversions on how I can still use the name of the domain for my business. I started to accept the fact that I'm not going to get what I hoped. While I went back to brainstorming the new name, I received a call from Angela, wishing me a belated birthday, and congratulating me that the original name was accepted and that the Secretary of State is processing it. I am very grateful to BusinessRocket for their effort and support.

Boris Sterlin
Boris Sterlin
Customer Since 2014
Boris Sterlin

The best part about their service is how their system updates you as components of your company are completed. Documents filed? Boom, got an email notification. State docs received? Boom, email notification. Their staff is also extremely helpful both through the chat feature on their website and through email.

Daniel Tjahadi
Daniel Tjahadi
Customer Since 2019
Daniel Tjahadi

We worked with Alex at BusinessRocket and are thrilled that we found him. Alex asked great questions about our project, helped us prioritize the work and got the job done. On time, on budget. When there were project scope discussions, Alex was very informative and supportive of our decisions. You should have no reservations whatsoever about how BusinessRocket will provide services to you and your firm. They are great.

Betsy Ehrenberg
Betsy Ehrenberg
Customer Since 2017
Betsy Ehrenberg

Thank you to the BusinessRocket Team ! Very professional and knowledgeable, they led me step by step through the entire process while making the most efficient use of my resources.

Nader Jandaghi
Nader Jandaghi
Customer Since 2018
Nader Jandaghi

Most professional, reliable and trustworthy company on the market.

Max Malmygin
Max Malmygin
Customer Since 2014
Max Malmygin

I am amazed with their customer service and quality of work. Spoke to them on multiple occasions and every time had a great experience on the phone. Staff was knowledgeable, pleasant and honest. They definitely earned my referrals.

Zack Baklan
Zack Baklan
Customer Since 2018
Zack Baklan

These people at BusinessRocket are deeply passionate about helping small business. Legal, accounting, compliance - highly recommend!

John Kim
John Kim
Customer Since 2019
John Kim

Great company. Excellent Service. The stuff is always ready to help.

Victoria Dennis
Victoria Dennis
Customer Since 2019
Victoria Dennis

BusinessRocket makes everything super easy from start to finish. I could not imagine starting a business myself when there is such an easy affordable solution to cut time and effort.

Jamie Mahtaban
Jamie Mahtaban
Customer Since 2011
Jamie Mahtaban

Excellent service, extremely responsive.

Konstantin Chernomorskiy
Konstantin Chernomorskiy
Customer Since 2010
Konstantin Chernomorskiy

We used to use LegalZoom and now only use BusinessRocket. The customer service, ease of use, and just overall experience is so much better. Couldn't recommend them more!

Claude Zdanow
Claude Zdanow
Customer Since 2019
Claude Zdanow

Very grateful for BusinessRocket’s expertise and guidance. Starting my LLC has led to more questions than answers, so I appreciate them taking the time to walk me through the process, which was actually quicker than I thought it would be. Customer service is friendly and patient.

Brendan Gill
Brendan Gill
Customer Since 2019
Brendan Gill

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Essentials

Comprehensive package containing EIN number and internal documents required for a business bank account and vendor contracts.

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$ 147

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Includes EIN number
Essential internal documents

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Starter

For professionals able to obtain and create an EIN and Operating Agreement on their own, which are necessary to open a bank account and start transacting business.

$58

Saved 15%

$ 49

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Register LLC with the State
Does not include EIN & Company Agreements
MOST POPULAR

Essentials

Comprehensive package containing EIN number and internal documents required for a business bank account and vendor contracts.

$195

Saved 25%

$ 147

+ State Fee

One-Time Fee

Includes EIN number
Essential internal documents

Supreme

Ideal for companies with multiple business partners or those seeking external capital investment.

$349

Saved 28%

$ 254

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What do I need to Open a Bank Account?

The Essentials package is specifically designed for clients that need to open a Bank Account as quickly as possible. Most Banks will require the following documents to open an account: Articles of Organization, Federal Tax Identification Number (EIN), Operating Agreement, Original Company Meeting Minutes, and a Bank Resolution.

How do I start an LLC?

Forming an LLC for your business requires several steps, including naming your LLC, appointing a registered agent, preparing an operating agreement, and filing articles of organization with the Secretary of State in the state in which you are forming your business.

What is a limited liability company (LLC)?

A limited liability company (LLC) is a popular business structure that allows for the simplicity of pass-through taxation like a sole-proprietorship while providing liability protection for owners similar to a corporation.

What is a Registered Agent?

A registered agent is an individual or a company assigned to receive service of process and other official mail on behalf of a business. Generally, registered agents must maintain a physical address and be available to receive service of process during normal business hours, Monday - Friday.