Delaware Terms of Service
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How to fill out Terms Of Service?
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FAQ
The name you choose cannot be in use by any other business in the state. This is why it's so important to perform a Delaware business name search before you begin your incorporation paperwork. It's not enough for your corporation name to be unique. It also cannot be similar to the name of another business in the state.
Your Delaware LLC name must contain either the abbreviation LLC, L.L.C. or the words "Limited Liability Company." You can put a comma after the name and before the foregoing LLC designations if you prefer, but most people choose not to use the comma.
(a) Service of legal process upon any corporation of this State shall be made by delivering a copy personally to any officer or director of the corporation in this State, or the registered agent of the corporation in this State, or by leaving it at the dwelling house or usual place of abode in this State of any officer ...
Names of Delaware corporations must (1) be available, (2) contain a corporate suffix, (3) not contain restricted words, and (4) not violate other naming rules in Delaware. Picking a name that follows these rules reduces the chance of delay with your incorporation.
File Certificate of Incorporation in Delaware In order to form a Delaware Corporation, particularly one that issues stock, you must complete and file a Certificate of Incorporation (PDF)(88.5 KB)Opens in a new window with the Delaware Division of Corporations.
Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
Delaware corporate name The name must be distinguishable from those of other corporations organized, reserved or registered as a foreign corporation under the laws of Delaware. Use of words "Bank," "Banc," "Banque" and "Trust" need approval from the Department of Banking.
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.