Foreign entities may apply for the authority to conduct business within the state of Delaware by completing a few basic forms and submitting them to the Delaware Division of Corporations. A foreign entity must go through the same basic steps as a domestic entity would when acquiring authority to conduct business and must adhere to Title 5-30 of the Delaware State Code, much as those forming a Domestic LLC would. By completing the basic forms and submitting them to the appropriate Secretary of State office, foreign LLCs looking to establish business in Delaware should find little to no struggle when registering. The processing fee for this particular application is $200 plus an additional $50 for the production of a certificate that will later be used to acquire necessary licenses. This fee must be paid in full at the time of submitting the application.
How to File
Step 1 – What you will first need to do is make certain that the name you are intending to use for your LLC is not already in use in the state of Delaware. You can make sure that the name you intend to use is unique by searching the Businesses Database. Once you have found an available name you may then complete the task of reserving that name, and legally registering it as your own. To accomplish this task you must complete the Name Reservation Form and pay the associated filing fee of $75.
Step 3 – Download the appropriate PDF Documents and print them so that they can be manually filled-in. The required documents are available for download below.
Step 4 – You must now begin to complete the forms to the best of your ability. The required information for the application forms in their entirety is as follows:
- Desired processing time
- Company/firm or individual’s name
- Return address
- Phone number
- Fax number
- E-mail address
- Account number
- Name of company/entity
- File number
- Reservation number
- Type of document
- Information about document
- Number of certified copies returned
- Other requests
- Check number
- Total value of $ enclosed
- Credit card information (if paying the filing fee using credit card)
- Method of return
Certificate of Registration
- Name under which the foreign LLC is registering
- The name under which the LLC was formed
- Where and when the LLC was originally formed
- The nature of business
- Address of registered office
- Name of registered agent
- Date which the foreign LLC intends to begin doing business in Delaware
- Signature of authorized person
- Typed/printed name of authorized person
Step 5 – If you are choosing to pay the filing fee using a checkm complete one for a total of $250 ($200 if not purchasing a certified copy) and address it to the Delaware Secretary of State. Otherwise, make it clear in the cover letter that you plan on paying by credit card and provide your card info where applicable. Once the fee has been prepared, you will be required to attach to the filing, a certificate of good standing and mail all items to the below address for processing.
Division of Corporations
John G. Townsend Bldg.
401 Federal Street, – Suite 4
Dover, DE 19901
Renewal– In most states across America, companies are required to renew each year with the Secretary of State or equivalent authority in order to remain in good standing. While there is no such report for Delaware LLCs, a franchise tax will need to be paid each year in order for your entity to stay operating. This tax will amount to $300 and must be submitted by the first of June of each calendar year. Click on the heading of this paragraph to access more information on the government website.