Form An LLC in Delaware with BusinAssist;
We Simplify
the Process for You!
Starting a Limited Liability Company (LLC) is the best option for entrepreneurs and small business owners who want to shield their personal properties from legal action and enjoy some tax benefits. LLC formation is another reason why many jurisdictions, including Delaware, have been able to attract many entrepreneurs. At BusinAssist, we strive to make LLC formation in Delaware as easy as possible.
Get the best registered agent for your LLC in Delaware. Our exemplary customer relations, knowledge of the legal aspects of the state of Delaware, and your victory are what set us apart. Whether you are a startup or a seasoned entrepreneur, we have the resources to take the stress away from you.
Contact us now and start an LLC in Delaware!
Your new company deserves the best!
BusinAssist knows that creating an LLC can become stressful and overwhelming. Therefore, we will endeavor to ease the burden by assisting you at any stage of the completion, professionally.
Step-by-step assistance
Our seasoned team will assist you at every point of the company formation process so that all stages are accurately completed on time.
Support in the filing of documents
Our staff will assist you in remaining compliant with the Delaware rules and regulations. Our attention to detail means that all your legal documents will be perfect and free of any mistakes.
Registered agent services
According to Delaware law, every LLC is required to appoint an registered agent based in Delaware. To ensure your Delaware LLC remains compliant, BusinAssist provides registered agent services that fully meet the state's legal requirements.
Compliance maintenance post-incorporation
Upon incorporation of your Delaware LLC, we offer enhanced services to see to it that your company complies with the regulations of Delaware. You can rely on us for anything from annual reports to the filing of amendments without missing anything along the line.
Setting up an LLC in Delaware with BusinAssist is the best option for entrepreneurs who need an all-encompassing, fast, and trustworthy service. With our expertise and commitment to the clients, we ensure that establishing an LLC becomes an effortless task so that you can concentrate on the growth of your business.
Eligibility for Delaware LLC formation
Who is eligible for Delaware LLC formation
- 18 years and above individuals can start an LLC
- Owners/Managers must not have certain criminal records
- The company must have a registered agent with a physical address in Delaware
- Must have at least one member. The member can either be an individual, another LLC, or a corporation
- Both US and non-US residents can form a Delaware LLC
Key Features
- Registered agent services
- Prestigious Business address for your LLC
- Easy access to your posts via mail forwarding & scanning
- Professional assistance to ensure your LLC remains compliant with state regulations
How It Works
Choose a package that suits your business needs
Enter basic information about yourself and your company to create an account
Make payments and sign up
Log in to your customer area and complete your profile by uploading your ID documents and providing other necessary details
Our Additional Services
Newark registered agent services
By using a prestigious virtual company address in Newark, you fulfill business registration requirements and establish your business presence at the heart of Delaware’s commercial hub.
Business mail forwarding and scanning
Once you secure a virtual address / business address / registered address from us, we will receive your posts for you, once received we will either scan & email or forward your post to your preferred address.
Call answering services
Our call answering service solutions give companies committed and experienced virtual assistants to take calls on their behalf. When a call comes in, an operator answers it in your company name and takes the message on behalf of your business. The operator then forwards you the message via email real time, you can even listen to the call recording if required. You can get a free Call Answering service in our advance and premium registered agent packages.
USA virtual mobile number
We offer USA virtual mobile numbers to keep your business connected with local customers and business partners. You can get a free USA Virtual Mobile Number in our advance and premium registered agent packages.
Form an LLC Company in Delaware with BusinAssist
Considering starting your own business and registering a Delaware limited liability company? BusinAssist is here to help! We provide supreme assistance for incorporation of your LLC in the most pro-active state for corporate establishments within the United States.
BusinAssist, a leading provider of virtual office solutions in Newark, provides professionals and companies with a range of virtual office, registered agent, business address, mail handling, Voip services that perfectly suit their needs.
Take advantage of the benefits of a Delaware LLC.
There are advantages of Delaware LLC which include:
Strong legal system: Delaware has a strong legal structural framework that ensures fairness in business practices. In particular, the Delaware Court of Chancery, the highly developed court designated for business and corporate matters, is well-consolidated; this promotes investments since it is more friendly to the practice of business as the legal environments are more favorable.
Favorable Business Law: Delaware's flexible incorporation laws provide more opportunities to organize your LLC. Given priority for the protection of the shareholders, the law of Delaware also tends to shield the business owners against liabilities in the event of corporate debts.
Privacy: In Delaware, you can carry out business activities while keeping suitable conditions for yourself which means that public access to your private information is discouraged. It minimizes the chances of falling victim to identity theft or harassment.
Tax Benefits: Limited Liability Companies (LLCs) in Delaware are entitled to numerous tax benefits most notably, the exemption from state corporate income tax for companies that are physically located outside of Delaware. Furthermore, there are no personal income tax requirements for non-residents.
Credibility: The formation of an LLC in Delaware signifies an enhancement of the company’s reputation. This is due to the strong legal framework of the state balanced with its lengthy business operation that has attracted many investors and banks when dealing with companies located in the state.
Our Guide to Delaware LLC Formation
Choose a name for your LLC
Select a unique name for your Delaware limited liability company (LLC) that aligns with the naming guidelines set by Delaware. The name should have ‘Limited Liability Company' or use its short form like ‘LLC’ or ‘L.L.C.’ You can use the name checker tool provided by Delaware Division of Corporations to ensure that the name you have selected is not being used already. To check the availability of the name you have selected please Click Here.
Designate a registered agent
You must designate a Delaware registered agent who will act as the contact person for you to incorporate a limited liability company and receive legal correspondence. A registered agent must have a physical presence in Delaware and they are not supposed to use a P.O. Box. BusinAssist Registered Agent services start from only $50. You can get additional benefits such as free USA virtual mobile number, free call answering service and much more along with our registered agent service.
File the Certificate of Formation
Complete and submit the Certificate of Formation with the Delaware Division of Corporations and pay the fee. Use BusinAssist company incorporation service and leave all the hassle to us, we will complete all necessary paperwork, pay government fees and submit your application.
Create an Operating Agreement
While not a legal necessity, the creation of an Operating Agreement is most advisable. This is an internal document detailing the management of the company, ownership, and functioning of the LLC. It aids in defining the rights of the members and their duties as well which can minimize disagreements in the future. We can create a standard Operating Agreement for your company for a small additional fee. You can opt for an Operating Agreement service from our add on services while making your order.
Register your company
In just a few simple steps, BusinAssist can help you incorporate an LLC company in Delaware. All you have to do is visit our website, pick a package that suits your business needs, enter your personal and company information, and complete the payment process. As soon as you pay, you will receive an email with your login credentials for your account with us. Log in to your account and finish the KYC verification as soon as you have your login credentials. After that, we will complete all required documentation and submit your LLC formation application to the Delaware Division of Corporations on your behalf.
Obtain an Employer Identification Number (EIN)
If your LLC consists of more than one member or intends to engage in employment, you will be required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This number is crucial for taxation requirements and can be obtained from the IRS. We can obtain EIN for your company on your behalf once your company is incorporated. You can opt for an EIN application service from our add on services while making your order.
Comply with ongoing requirements
Once you have established your Delaware limited liability company, your business will have to remain compliant with the laws of Delaware. This consists of the submission of annual reports and settlement of franchise taxes deadline for which is June 1st of each year. Moreover, ensure to keep all the required business licenses and permits for your area.
Choose BusinAssist! Your trusted partner for business setup and services! Contact us now, and we’ll help you incorporate your LLC in Delaware without any hassle.
Get Started NowFrequently Asked Questions
What are the common types of business structures in the USA?
Sole Proprietorship
A sole proprietorship is the most straightforward business structure, owned and run by a single individual. In this model, there is no legal separation between the owner and the business itself, meaning the sole proprietor is fully accountable for all business decisions and liabilities.
Key Characteristics:
- Liability: The owner is personally liable for all debts, and personal assets may be at risk to settle business obligations.
- Taxation: Owners report business income on their personal income tax returns.
- Setup: It is easy to establish with minimal regulatory requirements, making it a popular choice for many entrepreneurs.
Partnership
A partnership involves two or more individuals sharing the business's profits and losses. The legal distinction between owners and the business varies depending on the partnership type:
Common Types:
- General Partnership (GP): All partners share profits, losses, and liabilities equally without liability protection.
- Limited Partnership (LP): Comprises general partners (who bear full liability) and limited partners (whose liability is restricted to their investment).
- Limited Liability Partnership (LLP): Provides limited liability to all partners based on their capital contributions and requires registration with authorities.
Limited Liability Company (LLC)
LLC is one of the most popular business structures in the USA. There is a legal distinction between the business and the business owners in LLC providing limited liability to owners. For tax purposes an LLC is sometimes treated as a partnership and corporation depending on the election made by the company. LLCs are controlled and managed by Managers / Members as set out in an operating agreement. An LLC blends features of both partnerships and corporations, offering flexibility and protection:
- Liability: Owners (members) enjoy limited liability, safeguarding personal assets.
- Taxation: An LLC may be taxed as either a partnership or a corporation based on the company's election.
- Management: Governed by an operating agreement, allowing for diverse management structures.
Corporation
A corporation is a legal entity distinct from its owners, capable of generating profits, entering contracts, and facing legal actions. Corporations have a board of directors and shareholders instead of partners, with ownership determined by share value.
Types of Corporations:
- C Corporation: Features shareholders and directors, with profits taxed separately from owners. Shareholders pay taxes on dividends and personal income separately.
- S Corporation: Similar to C corporations but allows profits and losses to pass through to shareholders, avoiding double taxation. Owners are only liable for their investment.
These various business structures cater to different needs, offering distinct advantages and disadvantages. Understanding these differences is crucial for entrepreneurs when deciding which structure best fits their business goals.
Why is Delaware an ideal state for company formation?
Delaware is recognised for its pro-business legislation, adaptable corporate framework, and an effective judicial system, especially the Delaware Court of Chancery, which focuses on corporate law. The state provides several benefits, including the absence of state income tax for corporations not engaged in business within Delaware, strong confidentiality protections, and a streamlined process for company registration.
Can I form a Delaware LLC even if I am not a US resident?
Yes, you can form an LLC even if you live outside the USA. There are no laws that prevent non-residents from incorporating an LLC in Delaware.
What documents do I need to provide BusinAssist for Delaware LLC formation?
To incorporate a Delaware LLC company, you will require ID documents of all Beneficial Owners and Managers as well as the account handler of the company (if applicable). The documents must be uploaded to our portal. For our ID guide, Click Here.
How long does it take to form an LLC?
The timeline for forming an LLC can vary depending on when you provide all the necessary documents. Once your ID documents are verified, we will submit your application to the Delaware Division of Corporations. Their processing time can range from 24 hours to a few weeks. You can choose expedited processing options, such as 24-hour or same-day processing, from our add-on services when placing your order. The fees for expedited processing are paid in full to the Delaware Division of Corporations, and we do not retain any portion of these fees.
What is a registered agent?
This is an individual or company appointed to accept legal documents on your company's behalf. The registered agent must have a physical address in Delaware, must be open during business hours and must be allowed to carry out business operations in the USA.
Do I need a registered agent?
Yes, you need a registered agent to incorporate an LLC in Delaware. Delaware law requires every entity to appoint a registered agent with a physical office address in the state. The Registered Agent must meet certain requirements set by the Delaware Division of Corporations. Our registered agent services start from only $59.99. For more information, please Click Here.
What type of address is acceptable as the registered address of a Delaware LLC?
There are specific requirements regarding the registered address of a Limited Liability Company (LLC) in Delaware. The registered address of an LLC in Delaware must be a physical location within the state, serve as the address for the registered agent, and must be kept current with the Delaware Secretary of State.
How can I check if the name I want for my company is available or not?
It is essential to conduct thorough research to ensure that your chosen company name is available, as it must be unique and distinguishable from existing entities. You can use the Delaware Division of Corporations' name checker tool to confirm that the name you’ve selected is not already in use. To check the availability of your desired name, please Click Here.
What are some of the important compliances for a Delaware LLC?
Delaware LLCs must adhere to various compliance requirements to maintain good standing with the state. Key obligations include:
Annual Franchise Tax
Due Date: Delaware LLCs are required to pay an annual franchise tax of $300 by June 1st each year.
Annual Report: Unlike corporations, Delaware LLCs are not required to file an annual report unless the LLC has opted to be taxed as a corporation.
Registered Agent
Every Delaware LLC must have a registered agent with a physical address in the state to receive legal and official documents on behalf of the LLC.
Operating Agreement
Although not required by the state, it is highly recommended for Delaware LLCs, especially multi-member LLCs, to have an operating agreement to define the management and structure of the business.
Employer Identification Number (EIN)
An EIN is necessary if the LLC has employees, multiple members, or elects corporate taxation. Even for single-member LLCs, an EIN can simplify tasks such as opening a business bank account.
Federal and State Taxes
Federal Income Tax: LLCs are pass-through entities by default, meaning income is reported on the owners’ personal tax returns. However, LLCs can elect to be taxed as corporations, in which case they would file a federal income tax return and pay taxes at the corporate level.
State Taxes: Delaware LLCs do not pay state income tax other than the franchise tax unless they conduct business in Delaware. Owners report their share of the LLC's income on their personal tax returns.
Licenses and Permits
Depending on the nature of the business, an LLC may need to obtain specific licenses or permits, which vary by industry and location.
Maintaining Good Standing
Failing to pay the franchise tax or maintain a registered agent can result in the LLC losing its good standing with Delaware, potentially leading to penalties or dissolution. Compliance with these rules is essential to maintaining limited liability protection and avoiding penalties.
What is the Operating Agreement for an LLC?
An Operating Agreement for a Limited Liability Company (LLC) is a legal document that outlines the ownership, structure, and operating procedures of the LLC. It is essentially a contract between the members (owners) of the LLC that establishes how the business will be managed and operated.
While an Operating Agreement is not always required by law, it is strongly recommended for both single-member and multi-member LLCs, especially in states like Delaware, to safeguard the business and its members.
We can create a standard Operating Agreement for your company for a small additional fee. You can opt for an Operating Agreement service from our add on services while making your order.
What if my application is rejected by the Delaware Division of Corporations?
The fee paid to the Delaware Division of Corporations for LLC formation is non-refundable, even if the application is rejected. Our fee for company formation is also non refundable, even if the application is rejected.
If you want to apply again then you will have to pay our fee again at full price plus the government fee. However, if you pay $4.99 for company incorporation protection at checkout then you have the right to apply to incorporate your company again without making an additional payment to us. You will only need to pay the government fees required for the incorporation.
What is cancellation and refund policy?
You can cancel and obtain a full refund from us at any time prior to us submitting your application to Delaware Divisions of Corporations. Once your application is submitted you do not qualify for a refund.
To read all of our terms and conditions click here. To read our privacy policy click here.