Forming an LLC in Delaware

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or incorporating a business already in existence, you'll want to understand the state requirements for LLC formation.

Acceptable LLC Names in Delaware

The LLC name must end with "Limited Liability Company," "LLC" or "L.L.C." Use of the words "A Limited Liability Company" is not allowed. The Department of Banking must approve the use of "Bank," "Banc," Banque" and "Trust."

Delaware’s Requirements for LLC Members and Managers

  • There must be at least one member/manager
  • There are no residency or address requirements for members or managers
  • There are no age requirements to be an LLC member or manager

Requirements for Delaware Articles of Organization

A Delaware LLC is created when Articles of Organization are approved by the state. Delaware does not require that the names and addresses of members/managers be disclosed in the Articles of Organization.

LLC Must Have a Registered Agent

Every Delaware LLC must appoint a registered agent as part of the formation process. The Articles of Organization require the name and address of a registered agent. The registered agent must have a physical address (no post office boxes) in Delaware and must be available during normal business hours to accept important legal and tax documents for the business.

Can Professionals Operate as an LLC in Delaware?

Professionals, such as accountants, attorneys and physicians, are not allowed to form professional limited liability companies (PLLCs) in Delaware, but they can choose to operate their business as a regular LLC.

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