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Starting an LLC in Delaware will include the following steps: #1: Name Your Delaware LLC. #2: Designate a Registered Agent. #3: File Your Delaware Certificate of Formation. #4: Draft an Operating Agreement. #5: Obtain an Employer Identification Number (EIN)
One of the most popular aspects is that the state of Delaware does not require a Delaware LLC's Operating Agreement to be filed or made public, as some other states do; thus your Delaware LLC's Operating Agreement remains completely private among you and your fellow LLC members.
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. LLC Operating Agreement | Delaware Business Incorporators, Inc. delawarebusinessincorporators.com ? pages delawarebusinessincorporators.com ? pages
Delaware's LLC law requires all Delaware LLCs to have an Operating Agreement. Delaware allows the LLC Operating Agreement to be a verbal agreement. However, having a written LLC Operating Agreement is the only way to make the agreement enforceable.
As stated earlier, forming an LLC in Delaware requires you to submit the Articles of Organization for LLC. The state calls it the Certificate of Formation. File the completed form with the Division of Corporations by mail, in-person, or online.