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Name your Delaware LLC. ... Choose your registered agent. ... Prepare and file a Certification of Formation of a limited liability company. ... Receive a certificate from the state. ... Create an operating agreement. ... Get an Employer Identification Number. ... Pay an alternative entity tax.
To form a Delaware S corp, you'll need to ensure your company has a Delaware formal business structure (LLC or corporation), and then you can elect S corp tax designation. If you've already formed an LLC or corporation, file Form 2553 with the Internal Revenue Service (IRS) to designate S corp taxation status.
I'm not a Delaware resident and don't have a physical address in Delaware. Can I still form an LLC in Delaware? Yes, a non-resident with no physical address in Delaware can form a Delaware LLC. The State of Delaware only requires the company to have a Registered Agent in Delaware.
Businesses can operate as foreign LLCs in both states, but to do so, they must meet the specific foreign qualification filing requirements designated by the state that is not their ?home? state. So you can file for an LLC in Delaware if you live in California and vice versa or if you live anywhere else.
As long as you retain the services of a Delaware Registered Agent, you can form a Delaware corporation, LLC, LP, benefit company or non-profit corporation without being a resident of Delaware or the United States.
The Division of Revenue links for online filing options are available at . Electronic filing is fast, convenient, accurate and easy. When completing a form electronically, please download the form prior to completing it to obtain the best results.
All businesses incorporated in Delaware require a Registered Agent with a physical street address in Delaware, such as Agents and Corporations (IncNow®). IncNow is available during regular business hours (9-5, Monday through Friday) to receive Service of Process and notices from the Delaware Secretary of State.
Steps to take when incorporating your business in Delaware Choose a name for your business. ... Recruit and/or appoint members/managers (LLCs) or directors (corporations) ... Obtain a registered agent. ... File the incorporation paperwork. ... Review annual report and franchise tax requirements.