Delaware Company Formation

Forming an LLC in Delaware

The Process

Delaware is known as one of the three incorporation-friendly states, the other two being Nevada and Wyoming. Delaware limited liability companies are formed by filing a Certificate of Formation with the Delaware Secretary of State. Whilst the entire filing process can take 4-6 weeks, Turner Little use expedited options available within the fee charged, cutting the processing time to just one business day.

Name Identifiers and Abbreviations

The name of a Delaware limited liability company must end with one of the following words or abbreviations:

• LLC
• L.L.C.
• Limited Liability Company

Operating Agreement

The Operating Agreement helps protect your company’s limited liability status and prevents your company from being run by the default rules created by the state. Unlike most other states, Delaware mandates all LLCs to have an Operating Agreement. This is included in our fee in the case of Delaware.

Additional Filings

Depending on the nature of your business, some additional filings could be necessary to complete the proper set-up of your LLC:

• Sales tax registration
• Payroll registration & business licensing

Beneficial Owner Filings

Effective from 1st January 2024, all Limited Liability Companies are required to file records of their Beneficial Owners with the U.S. authorities. The definition of a Beneficial Owner in this respect is an individual directly or indirectly owning or controlling at least 25% of the Company ownership. Please note that the Beneficial Owner Records shall not be published in the public domain.

Please note that in order to file a Beneficial Owner Report, both new and existing companies must first obtain an EIN (Employer Identification Number). For new Company Registrations, Beneficial Owner Reports must be filed with the authorities no later than 90 days from the date of the Company’s incorporation.

Please note that information given on this page is subject to change at any time without notice as a consequence of changes made in local legislation.