Limited Liability Companies – Delaware

By | February 7, 2008

Address of state office for filing:
Delaware Department of State
Division of Corporations
401 Federal Street, Suite 4
Dover, DE 19901
Telephone: 302-739-3073
State web address: http://www.delaware.gov/
State law reference: Delaware Code, Title 6, Chapter 18.
Title of filing: Certificate of Formation.
Filing Fee: $90.
Name requirements: The official name must contain the words “Limited Liability Company” or the abbreviation “LLC or “L.L.C.” (Section 18-102). A company name may be reserved for 120 days for a $75 fee. (Section 18-103).
Organizer requirements: A limited liability company may be organized by one person. The organizer need not be a natural
person, nor a member. (Section 18-201).
Certificate of formation requirements: Certificates of Formation must contain the following: (1) name of company, (2) registered agent name and office address, and (3) any additional matters. (Section 18-201).
Annual report requirement: No, but company must pay an annual tax of $200. (Section 18-1107).
Publication requirement: No.
Effective date of limited liability company organization: On the date of official approval of Certificate of Formation, the company becomes a legal entity and the members are shielded from personal liability. (Section 18-201(b)).
Membership requirements: Minimum number required is one. The member may be a natural person or a business entity.
(Section 18-101).
Other: The Certificate of Formation must specify the duration of company, if less than perpetual.