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When launching a venture in Delaware, you’ll need to select an entity type—such as an LLC or corporation—that aligns with your liability protection and tax strategies. The Delaware Division of Corporations manages filings, and while formal requirements may be straightforward, additional steps like assigning a registered agent or applying for an Employer Identification Number (EIN) could be necessary.
Ongoing compliance typically involves filing annual reports and paying franchise taxes. Delaware’s Court of Chancery, recognized for its expertise in business law, further enhances the state’s appeal by offering a predictable legal climate. Working with knowledgeable legal and financial advisors can help you leverage Delaware’s unique advantages while ensuring strict adherence to state regulations.
Navigating Delware's business landscape is easier with the right support. LLC Attorney provides step-by-step guides, legal resources, and expert tools to help both new and established businesses succeed. Our resources offer up-to-date information and guidance every step of the way.
Forming a Delaware LLC involves submitting a Certificate of Formation to the Division of Corporations and maintaining a registered agent in the state. This entity provides liability protection and tax flexibility, making it a popular choice for a range of businesses. By staying on top of annual reporting requirements and franchise tax payments, you can keep your LLC in good standing and focus on growth.
Creating an LLC is a good way to protect yourself and your family while you’re also going into business for yourself. Starting a small business is a huge step, and you need to be informed so you know what kind of business will work best for you.
This article will cover everything you need to know to form your own LLC in Delaware, from the basics to how it helps protect you.
LLCs, or limited liability companies, are a specific business structure in the United States designed for small businesses as an alternative to sole proprietorships other kinds of business. LLCs act as a hybrid entity with some characteristics that are similar to corporations, and others that are similar to sole proprietorships and partnerships.
Having an LLC creates a business entity that is responsible for its own debts and liabilities, which keeps your business assets separate from your personal assets. Under an LLC, the owner(s) is not personally liable for the LLC’s debts and liabilities.
LLCs, or limited liability companies, are a specific business structure in the United States designed for small businesses as an alternative to sole proprietorships other kinds of business. LLCs act as a hybrid entity with some characteristics that are similar to corporations, and others that are similar to sole proprietorships and partnerships.
Having an LLC creates a business entity that is responsible for its own debts and liabilities, which keeps your business assets separate from your personal assets. Under an LLC, the owner(s) is not personally liable for the LLC’s debts and liabilities.
Liability protection is probably one of the core benefits of having an LLC. Once you have an established LLC your assets aren’t at risk if your company is sued. It also helps to protect your assets if your company goes into debt or runs into other financial trouble.
Because LLCs are created under State governments, they have a lot more options when it comes to federal taxes. They can be taxed as sole proprietorships and S or C corporations. If you have multiple members in your LLC, you can also choose to have your LLC taxed as a partnership depending on which tax structure gives your business the most advantages.
You can also form an LLC anonymously, which can help keep your connection to the LLC out of public view. Of course, your bank and the government will still know that you’re connected to the LLC, especially if you’re the sole member of that LLC. But it will make things a little easier to maintain your privacy and keep your personal life separate from your business life.
Having an LLC can also make your business appear more professional and trustworthy to other businesses and their representatives. It’s a good way to indicate that you are serious about what you’re doing and that your company is trustworthy.
The first step to forming an LLC is to choose where your LLC will be registered. Generally, you'll form your LLC in your home state since that's where it will be active. However, if you're planning to operate your LLC in multiple states you have a choice of which state you want to register in. Some states are more popular than others based on their regulations surrounding LLCs. Here are some of the most popular options:
As an LLC you are also required to have a registered agent who will receive mail and information on behalf of your LLC. They are also critical for receiving notice if your LLC has been sued and to receive other critical notifications.
These agents are also known as your statutory agent or resident agent.
Your agent is required to have an address in the state your LLC is registered. Most LLC’s use a member or employee as their registered agent, but you can also use a company that offers registered agent services instead.
You also need to choose your LLC's name. While the exact requirements can vary from place to place, almost every state has these two requirements:
Your LLC’s official name doesn’t have to be the name you use in public in every state. Some states will also allow you to register a separate Trade Name that you use in your day to day business dealings.
Operating agreements aren’t required in every state, but it’s always a good idea to have one. Your operating agreement covers all the details about how your LLC should be run, including management style, leadership, and any other management details.
You’ll also need to file Articles of Organization with your state, usually with the Secretary of state, the Division of Corporations, or your state’s equivalent. Every state uses a slightly different form, and some states may also call their form something different. These forms declare your LLC and register with the state so that you can start doing business. It’s also a way for the state to track your business and make sure you’re paying the appropriate state taxes for your kind of business.
Starting an LLC is a good idea for anyone with a small business, a side business, or even a profitable hobby. Since the main purpose of the LLC is protective, they can help keep your personal assets secure while you’re pursuing your entrepreneurial dreams.
First, let’s talk about who an LLC isn’t for. LLCs cannot be formed to help shield you from the losses associated with a less than a profitable hobby or side business. If you flip cars, but usually put more money into each vehicle than you get out of it, then you probably won't qualify for an LLC.
But an LLC might be a good option for a professional makeup artist who consistently brings home money and works for themselves.
LLCs might also be a good option if you’re looking to start a business and don’t mind investing some of your money as starter funds into accounts to get your LLC started.
