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Frequently Asked Questions

What are the steps to form an LLC in Delaware?

To form a Delaware limited liability company, you must:

  • Choose a name for the LLC (see discussion here)
  • File a Certificate of Formation – this is a one-page document that sets forth the name of the LLC, the name of its registered agent and its registered office address
  • Pay the initial filing fee ($90 as of August 2020 -- you will pay $50 for a certified copy that you will need to set up a bank account and expedited service is another $50)
  • Appoint a registered agent (see discussion here)
  • Prepare an Operating Agreement -- an LLC Operating Agreement is not required in Delaware but is highly advisable to define the relationship between the members of the LLC. The Operating Agreement does not need to be filed with the state like the Certificate of Formation and is not a public document.