Key Takeaways
- Delaware allows incoming LLC domestication directly (6 Del. C. §18-214 ("Conversion of Certain Entities to a Limited Liability Company") — not §18-212, which Delaware reserves for non-U.S. entities) — your LLC keeps its original formation date
- Filing fee: $290 total ($200 for the Certificate of Conversion plus $90 for the Delaware Certificate of Formation) — confirm current amounts directly with the Division of Corporations, since Delaware updates its fee schedule periodically and older sources cite smaller figures for the conversion certificate alone
- No new EIN is needed. Section 18-214's continuation language means the IRS treats your EIN as unchanged — update your address with the IRS (Form 8822-B) once your Delaware registered agent is in place.
- No. Delaware doesn't require proof of withdrawal or termination from the LLC's prior state; the LLC must handle that separately under its old state's own statute.
- Same-day LLC domestication filing available through LLC Attorney, at no markup on state fees
If your LLC is formed in another state but you've relocated (or your business has) and want Delaware to be its new legal home, conversion (Delaware's term for an interstate domestication) lets you make that move without dissolving the company and starting over.
This guide covers exactly how to convert an out-of-state LLC into a Delaware LLC in 2026 — the correct statute to cite, the Certificate of Conversion filing, the roughly $290 total cost, and what happens to your EIN and formation date.
What Is LLC Domestication?
Domestication (sometimes called continuance or statutory conversion) lets you move your LLC from one state to Delaware without dissolving it and starting over. Done correctly, the LLC keeps its original formation date, its EIN, and its contracts — only its home state changes.
Can You Domesticate an LLC Into Delaware?
Yes. Delaware's LLC Act includes a statutory domestication provision (6 Del. C. §18-214 ("Conversion of Certain Entities to a Limited Liability Company") — not §18-212, which Delaware reserves for non-U.S. entities), so an out-of-state LLC can become a Delaware LLC directly while retaining its original formation date.
How to Domesticate Your LLC in Delaware
- Filing agency: Delaware Division of Corporations
- Form: Certificate of Conversion (from a non-Delaware LLC or other entity), filed with a Certificate of Formation
- Filing fee: $290 total ($200 for the Certificate of Conversion plus $90 for the Delaware Certificate of Formation) — confirm current amounts directly with the Division of Corporations, since Delaware updates its fee schedule periodically and older sources cite smaller figures for the conversion certificate alone
- Processing time: A few business days up to about two weeks depending on the current queue; Delaware's well-known expedite tiers (24-hour, same-day, 2-hour, and 1-hour) are available for added fees if you need it faster
- Expedited option: 24-hour, same-day, 2-hour, and 1-hour expedite tiers, each at an additional fee set by the Division of Corporations
- Certificate of Good Standing: Not required by Delaware.
- Plan of domestication: Delaware does not require a separate formal plan document beyond the standard filing.
- Member approval: Delaware doesn't impose its own approval threshold for an incoming conversion — §18-214 leaves this entirely to your LLC's own governing document and the law of the state you're converting from. Check your operating agreement and your old state's LLC act for the applicable vote.
What Happens to Your EIN, Contracts, and Formation Date?
Domesticating to Delaware preserves your LLC's original formation date — the entity continues, it doesn't restart.
No new EIN is needed. Section 18-214's continuation language means the IRS treats your EIN as unchanged — update your address with the IRS (Form 8822-B) once your Delaware registered agent is in place.
All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically once the conversion is effective — 6 Del. C. §18-214 states that "the limited liability company shall be deemed to be the same entity as the converting other entity, and the conversion shall constitute a continuation of the existence of the converting other entity in the form of a domestic limited liability company."
Do I Need to Close My LLC in My Old State?
No. Delaware doesn't require proof of withdrawal or termination from the LLC's prior state; the LLC must handle that separately under its old state's own statute.
If your business keeps operating in the old state after moving its legal home to Delaware (an office, employees, or regular in-state activity there), you'll likely need to foreign-qualify in that state instead of maintaining it as your domestic entity — check that state's foreign-qualification requirements once the move is final.
When Do Delaware's Taxes and Filings Start?
Delaware's flat $300/year LLC franchise tax applies for the tax year in which your conversion takes effect; Delaware hasn't published a confirmed proration rule for a mid-year conversion, so budget for the full annual amount and confirm current-year treatment with the Division of Corporations or a Delaware-savvy accountant.
You'll typically owe a final-year return to your old state covering the period before the conversion took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Whether Delaware requires a Certificate of Good Standing from your old state for a §18-214 conversion filing isn't clearly confirmed in the Division of Corporations' published instructions — treat it as likely unnecessary but keep one on hand in case the reviewing clerk asks for it.
How to Move Your LLC to Delaware Step by Step
If You Do It Yourself
Step 1 — Confirm your LLC is in good standing in its current state.
Delaware doesn't require this document, but it's still worth confirming your LLC is current before filing.
Step 2 — Get member approval for the move.
Delaware doesn't impose its own approval threshold for an incoming conversion — §18-214 leaves this entirely to your LLC's own governing document and the law of the state you're converting from. Check your operating agreement and your old state's LLC act for the applicable vote.
Step 3 — File the domestication paperwork.
File with Delaware Division of Corporations using the Certificate of Conversion (from a non-Delaware LLC or other entity), filed with a Certificate of Formation, $290 total ($200 for the Certificate of Conversion plus $90 for the Delaware Certificate of Formation) — confirm current amounts directly with the Division of Corporations, since Delaware updates its fee schedule periodically and older sources cite smaller figures for the conversion certificate alone.
Step 4 — Confirm your EIN and contracts carry over.
No new EIN is needed. Section 18-214's continuation language means the IRS treats your EIN as unchanged — update your address with the IRS (Form 8822-B) once your Delaware registered agent is in place. All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically once the conversion is effective — 6 Del. C. §18-214 states that "the limited liability company shall be deemed to be the same entity as the converting other entity, and the conversion shall constitute a continuation of the existence of the converting other entity in the form of a domestic limited liability company."
Step 5 — Appoint a registered agent in your new state.
Delaware calls this role a "Registered Agent" — required before or as part of the domestication filing.
Step 6 — Handle your old state's final obligations.
No. Delaware doesn't require proof of withdrawal or termination from the LLC's prior state; the LLC must handle that separately under its old state's own statute. You'll typically owe a final-year return to your old state covering the period before the conversion took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Step 7 — Update your tax and compliance calendar.
Delaware's flat $300/year LLC franchise tax applies for the tax year in which your conversion takes effect; Delaware hasn't published a confirmed proration rule for a mid-year conversion, so budget for the full annual amount and confirm current-year treatment with the Division of Corporations or a Delaware-savvy accountant.
Step 8 — Watch for Delaware-specific domestication traps.
The domestication/conversion terminology split is Delaware's single biggest citation trap: §18-212 is for non-U.S. entities only, while §18-214 governs the interstate move covered on this page. Also remember that Delaware requires every LLC to continuously maintain a Delaware registered agent — even one with zero physical presence or operations in the state — for as long as the entity exists.
If LLC Attorney Does It for You
- Submit your LLC's current-state details at llcattorney.com — name, formation date, and member information.
- LLC Attorney handles the domestication filing, obtains your Certificate of Good Standing, and serves as your registered agent in Delaware once the move is complete.
- Receive confirmation of your completed move, plus access to flat-fee attorney consultations (no retainer) for any old-state wind-down questions.
When Should You Talk to an Attorney About Moving Your LLC to Delaware?
Talk to an attorney before converting your LLC to Delaware if you want confirmation you're citing §18-214 rather than §18-212 (an easy mix-up given the terminology split), if your operating agreement doesn't clearly address approval for a conversion and you have multiple members, or if you want help sequencing a Delaware registered agent so there's no coverage gap.
Is Delaware a State Where Domestication Complexity Matters More?
Delaware is the one state in this batch where "domestication" and "conversion" are NOT interchangeable terms — they're two entirely separate statutes covering two entirely separate situations. 6 Del. C. §18-212 ("Domestication of Non-United States Entities") applies only to entities converting in from outside the United States (a foreign country, not a foreign U.S. state). If your LLC is moving in from another U.S. state — which is what this guide covers — the operative statute is 6 Del. C. §18-214 ("Conversion of Certain Entities to a Limited Liability Company"). Citing §18-212 for an interstate move, or vice versa, is a real and surprisingly common mistake in online guides about Delaware — get the citation right, since it's the opposite convention from states like Connecticut and Arizona that use "domestication" for exactly this kind of interstate move.
What You Actually Get With LLC Attorney's Delaware Domestication Service
The part of Delaware LLC domestication that trips people up isn't the filing itself — it's Delaware's terminology split, where 'domestication' (§18-212) is reserved for non-U.S. entities and 'conversion' (§18-214) is what actually applies to a move from another U.S. state. LLC Attorney cites the right statute and files it correctly from the start.
- LLC domestication to Delaware, starting at $149.
- Certificate of Good Standing retrieval, filing prep, and registered agent service all handled in one order.
- Old-state withdrawal and final-tax-obligation guidance specific to your prior state — not a generic multi-state template.
- Access to professionally trained Business Success Advisors at no charge, plus flat-fee attorney consultations (no retainer) for move-specific questions.
Moving your LLC's legal home to Delaware is straightforward once the correct statute is cited and your registered agent is continuously in place — LLC Attorney makes sure nothing gets missed on either end of the move.
Ready to Move Your LLC to Delaware?
LLC Attorney handles the domestication filing for LLCs moving to Delaware, starting at $149. See our full pricing for all service tiers.
Frequently Asked Questions
Yes, though get the citation right: Delaware's statute for an out-of-state LLC becoming a Delaware LLC is 6 Del. C. §18-214 ("Conversion"), not §18-212 ("Domestication"), which Delaware reserves specifically for non-U.S. entities. Functionally, the process works the same way — filed as a Certificate of Conversion with a new Certificate of Formation.
Yes. Section 18-214 states directly that the LLC "shall be deemed to be the same entity as the converting other entity, and the conversion shall constitute a continuation of the existence" of your LLC — so your original formation date, EIN, and contracts carry forward.
Roughly $290 total combined — $200 for the Certificate of Conversion plus $90 for the Delaware Certificate of Formation — though Delaware updates its fee schedule periodically, so confirm the current combined amount with the Division of Corporations before filing.
No. Delaware's conversion statute continues your existing LLC as the same legal entity, so your EIN stays the same.
No. Delaware's conversion filing doesn't require proof of withdrawal or termination from your old state; you'll handle that separately under your old state's own statute.
Delaware's flat $300/year LLC franchise tax applies for the year your conversion takes effect, with no confirmed proration rule for a mid-year move — budget for the full annual amount and confirm current treatment with the Division of Corporations.
Delaware doesn't set its own vote threshold for an incoming conversion — §18-214 leaves approval entirely to your LLC's own operating agreement and the law of the state you're converting from.
A few business days up to about two weeks depending on the queue, though Delaware's well-known expedite tiers (24-hour, same-day, 2-hour, and 1-hour) can speed this up substantially for an added fee.
Yes. LLC Attorney handles the domestication filing for LLCs moving to Delaware, starting at $149.