Delaware LLC Certificate of Formation

The Delaware LLC Certificate of Formation. To form an LLC in Delaware you must file a Certificate of Formation with the Division of Corporations. You must pay the $90 filing fee (you may request a certified copy for your records for an additional $50). A cover letter should be included with your name, address, and telephone/fax number for easy contact.

Certificate of Formation

Article 1: Name

You must list the name of your Delaware LLC. The name must conform to state law and cannot be already in use by another entity. If you are unsure about availability, you can do a Delaware business entity search.

Article 2: Registered Agent

Every limited liability company must designate a Delaware registered agent to accept service of process and legal correspondence on behalf of the LLC. All registered agents in Delaware must maintain a physical address within the state.

Execution Block

The Certificate of Formation must be signed by an authorized individual pursuant to Section 18-204 of Title 6, Chapter 18 of the Delaware Limited Liability Act.

Additional Information

When forming an LLC, you may add Articles to the Certificate of Formation if needed. This is not necessary but may be advisable in specific instances.

Only Articles 1 and 2 are required by state law to be completed.

Filing Delaware Certificate of Formation

To file a Certificate of Formation, you can mail or fax the completed document to the Division of Corporations. Filings are processed within three weeks. There is expedite processing for $100 (same-day) and $50 (24-hour).

The filing fee is paid to the state for the Delaware Certificate of Formation is $90.