We’ve discussed the benefits of incorporating a business in Delaware (if you missed the article, you can read it here) and there are many. As many lawyers and CPAs are aware, Delaware is a very pro-business state and goes out of its way to ensure that companies of all sizes feel comfortable doing business in the state. If you are interested in forming your client’s LLC in Delaware, read on.
First, work with your client to choose a name for the Delaware LLC. Under Delaware law, an LLC name must contain the words “Limited Liability Company” or the abbreviation “L.L.C.” or “LLC.” The name can also contain the names of members or the words “Club,” “Foundation,” “Fund,” “Institute,” “Society,” “Union,” “Syndicate,” or “Trust.” However, as is the case with many other states, the LLC’s name must not be deceptively similar to the names of other business entities already on file with the Delaware Secretary of State. Saving you time and money, Attorneys Corporation Service, Inc. can run a quick and accurate business name availability check for you. You do not want to start the paperwork or assure your client that his or her desired business name is available, only to find out that it is not.
Next, it is time to file the Certificate of Formation. A Delaware LLC is created by filing a Certificate of Formation of Limited Liability with the Delaware Division of Corporations. In a rush? Swamped with other work? Talk to us about our quick and easy Draft n’ File service, which saves you from having to fill out the LLC certificate of formation – we will draft and file it for you ourselves and let you know when your paperwork has been approved! If you decide to draft the certificate yourself, it must include the LLC’s name and the name and address of the LLC’s registered agent.
As is the case most other states, every Delaware LLC must have an agent for service of process. This is an individual or business entity located in the state of Delaware that agrees to accept legal papers on the LLC’s behalf if it is sued. If the LLC is physically located in Delaware, it may act as its own registered agent. Attorneys Corporation Service, Inc. provides a registered agent service in all 50 states for $99 per year. Contact us to find out more!
If your client’s LLC has more than one member, it must obtain its own IRS Employer Identification Number (EIN). Attorneys Corporation Service, Inc. can prepare the IRS forms and provide you with an EDI or Tax ID number within 24 hours.
Attorneys Corporation Service, Inc. can assist you with forming your client’s new business in Delaware, or in any other state of your choosing! Our LLC formation services are quick, accurate, and inexpensive. And what’s more, we can provide you and your client with a quality, custom-made LLC kit after your client’s new business is formed!