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Forming a Delaware LLC

Setting up a Limited Liability Company (LLC) is a relatively simple task depending on the complexity of the company.  The process of setting up an LLC varies from state to state. Many believe the State of Delaware (along with State of Nevada) are the best states to setup up an LLC.

Many choose to form an LLC in the State of Delaware due to their pro-business environment and the lack of formal information sharing agreement with the Internal Revenue Service (IRS).  The State of Delaware; however, will provide information to the IRS if they are issued a subpoena for the information.

You can find the information you need to create a LLC in the State of Delaware, Division of Corporations can be found on their website http://corp.delaware.gov/ or you can contact them directly at 302-739-3073. Their website is very detailed in providing you with the required forms and information needed to complete this task.

To create a LLC in the State of Delaware will first need to make sure that a company using the same name as the LLC you want to create in the State of Delaware does not exist. You can quickly check to see if your company name is unique by visiting the State of Delaware, Division of Corporation, Entity Search page https://delecorp.delaware.gov/tin/EntitySearch.jsp.

Once you have determined that your business name is unique, you then need to download, complete, and return the Certificate of Formation of a Limited Liability Company from the State of Delaware, Division of Corporations.  This form can be downloaded at http://corp.delaware.gov/llcform09.pdf.    This form should be completed and returned with a fee which can be expedited at an additional cost.  The list of fees and expedited fees for the creation of a LLC (among others) in the State of Delaware and is posted on their website at http://corp.delaware.gov/Aug09feesch.pdf.

If you do not live in the State of Delaware but forming a LLC in the State, your business must have a Registered Agent in Delaware that is authorized to conduct business in the State of Delaware. This Registered Agent must have a physical street address in the State.  You can find a hire a Registered Agent from the State of Delaware from a list located on the State of Delaware website http://corp.delaware.gov/agents/agts.shtml.

If you would like to review the complete Limited Liability Company Act for the State of Delaware it can be found online at http://delcode.delaware.gov/title6/c018/index.shtml#P-1_0.

About Brian Davis

LLC expert author and advisor. Has advised thousands of entrepreneurs over the last 15 years on which business structure is right for them. Brian is not an attorney or tax professional. If you need tax or legal advice, seek the assistance of a local attorney or CPA.

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