Frequently Asked Questions

How do I convert a Delaware LLC to a Delaware corporation?

In order to convert your LLC to a Delaware corporation, you must first obtain the requisite approvals from the company’s managers and/or members as outlined in the company’s Operating Agreement.

After obtaining approval for the conversion, the LLC must next prepare a “plan of conversion”, which details the mechanics of the conversion (such as how units in the LLC will convert into shares of the resulting corporation). The LLC then files a certificate of conversion with the Delaware Secretary of State, along with a certificate of incorporation for the resulting corporation. The resulting corporation will also need to proceed with many of the same post-incorporation formalities as a new corporation.

It is strongly recommended that you consult with legal counsel before converting your LLC to a corporation.