Guidelines On Filing LLC Articles Of Organization In Delaware
In order to register your Delaware LLC, you need to file your Articles Of Organization document.
Here are the main stages of the filing process:
Stage 1: Download Your Certificate Of Formation
Once you complete your Delaware Certificate Of Formation, you can either mail it in or file online. Either way, the first step is to find and download the Certificate Of Formation PDF and fill it out.
Stage 2: Fill Out Your Certificate Of Formation
This is how you have to complete your Delaware Certificate Of Formation Form.
In order to be able to complete each of the Articles in the document, you’ll have to know your Entity Name, your Registered Agent Name, and your Registered Office Address.
Choosing a smart name for your new business isn’t enough to have it registered. Your name also needs to be legally correct.
There are two things to consider when choosing a name for your business:
– The Delaware naming guidelines compliance
– The unique and distinguishable character of your name (meaning that it shouldn’t be already in use by other company in Delaware)
The Delaware Naming Guidelines:
– The name must include either LLC, “limited liability company” or any of the other agreed abbreviations.
– The name shouldn’t include misleading words that could lead to confusion between your business and a government agency such as State Department, FBI, Treasury, etc.
– The name may include any of the following: Company, Union, Limited, Trust, Society, Fund, Club, Institute, Foundation, or Public Benefit.
– The word “bank” and its variations are forbidden, unless your business is a state authorized bank. There’s one exception: when the word “bank” is used in a context that makes it clear the business has nothing to do with a bank or financial institution. For example, you can use Bank Shot Soccer LLC as your business name.
– You need to pick a name that’s distinguishable from all other business names registered in Delaware.
Name Availability Checking:
Before submitting your form, you have to make sure the name isn’t already registered by any other business in Delaware. This is very easy to check by performing a search on the Delaware Division of Corporations website.
Registered Agent And Registered Office
You need a registered office to accept and send official documents on your LLC’s behalf. REgistering your Delaware LLC requires you to have a registered agent and a registered office.
You can choose any 18 years or older Delaware resident to be your registered agent. This individual must be available at the registered office during regular work hours. You can’t use a P.O. Box as your registered office address.
Stage 3: The Filing Of The Certificate Of Formation
When you register a LLC, you must file the Certificate of Formation with the Secretary of State.
There are two ways of doing it:
– By uploading the completed PDF file online
– By submitting a hard copy of this file by mail or in-person
Method 1: Upload your completed certificate of Formation to file online and fill out all required fields on the official website.
Method 2: Download the form, complete it, print it and file by mail or in-person.
State Filing Fee: $90
Mail Address on In-Person submission:
Delaware Division of Corporations
401 Federal Street
Dover, DE 19901
The turnaround time is about 10-15 business days. If you need it faster, you can pay the emergency fee.