How Long Does It Take to Get an LLC in Delaware?
Are you starting an LLC in Delaware but don’t know how long the process will take? Delaware is a great choice for entrepreneurs because of its business-friendly laws.
The time it takes to form your Delaware LLC is 2-4 weeks, depending on your chosen filing method. Online filings take 2-3 weeks for approval, while mail filings take 3-4 weeks. Both filing options have a 10-business-day processing time.
This article covers the timeline for getting an LLC in Delaware, including the expedited service option to get your LLC approved within one hour!
Delaware LLC Approval Time and Duration
Getting your Delaware LLC approved takes different amounts of time, based on how you file.
Mail Filing
Mailing your LLC paperwork to Delaware takes the longest approval time.
You can expect to wait about 3-4 weeks for approval. It covers 10-15 business days for processing and extra time for mailing documents back and forth.
The Delaware Division of Corporations handles all filings.
- If sending by Express Mail, use Division of Corporations 401 Federal Street, Suite 4, Dover, DE 19901.
- If sending regular mail, use Division of Corporations PO Box 898, Dover, DE 19903.
Online Filing
Filing online is faster compared to mail filing. Expect approval for your Delaware LLC application when filing online in 2-3 weeks, accounting for the 10 business day processing time and mailing time.
Yes, Delaware unlike many U.S. states, will not email your LLC document to you even if you file online except you choose the expedited option.
The Office of the Secretary of State will mail your approved documents, even if you file online. This process can add a few extra days to the timeline.
Delaware LLC Processing Time
The processing time for an LLC in Delaware is the same, irrespective of how you file. Below a quick breakdown:
| LLC Filing Method | LLC Processing Time |
|---|---|
| Online Filing | 10 business days |
| Mail Filing | 10 business days |
When you file online, it typically takes 2-3 weeks in total. This includes the 10 business day processing time and mailing of your approved documents.
For mail filings, expect approval to take 3-4 weeks, including 10 business days for processing. This estimate includes the mailing time to and from the Delaware Division of Corporations.
Please keep in mind that these times are estimates. Actual processing can vary depending on the state office’s workload.
After your LLC is approved, you’ll receive official documents in the mail. Even if you file online, Delaware will send physical copies rather than emailing them.
Expedited Filing Option for a Delaware LLC
Delaware offers expedited filing options for LLCs. These speed up the process of forming your company.
The standard processing time for a Delaware LLC is 10 business days but you can pay extra to get it done faster.
Here’s a table outlining the expedited LLC options in Delaware:
| Duration | Cost | Processing Time | LLC Approval Sent Via | Must Be Received By | Approval Time |
|---|---|---|---|---|---|
| Next Day Service | $50 – $100 | 24 hours | 7:00pm EST or EDT | 4-6 days (mailing time) | |
| Same Day Service | $100 – $200 | Same day | 2:00pm EST or EDT | 3-5 days (mailing time) | |
| Two Hour Service | $500 | 2 hours | Email or fax, and mail | 7:00pm EST or EDT | 2 hours for approval by email/fax |
| One Hour Service | $1,000 | 1 hour | Email or fax, and mail | 9:00pm EST or EDT | 1 hour for approval by email/fax |
To take advantage of these expedited options, submit your LLC formation documents to the Delaware Division of Corporations. Include the additional fee with your filing.
Don’t forget to mark your request as “expedited” on the form and specify your preferred speed option. This will help ensure a smooth and efficient processing experience.
How do you know when your LLC is approved in Delaware?
After filing your LLC paperwork in Delaware, you’ll need to wait for approval. The process takes about 2-3 weeks for online filings and 3-4 weeks for mail filings.
To check your LLC’s approval status: visit the Delaware Division of Corporations website, use their “Search for a Business Entity” tool, enter your LLC name, and look for “Good Standing” status.
When approved, Delaware will mail your official documents, even if you file online. The package will include a stamped and approved Certificate of Formation, filing receipt, and welcome letter.
You can call the Division of Corporations to ask about your status. Have your file number ready when you call.
Does Delaware require me to file an annual report for my LLC?
All domestic and foreign Limited Liability Companies (LLCs) formed or registered in Delaware must pay an annual tax of $300.00. There is no requirement to file an annual ereport.
What’s the fastest way to get an LLC in Delaware?
If you want to form an LLC in Delaware quickly, the fastest route is to file online and choose expedited processing. This method requires submitting your Certificate of Formation to the Delaware Division of Corporations.
Most people find that paying the additional $50 for 24-hour expedited processing is well worth it.
By opting for this expedited service, you can have your LLC approved in just a day, which is incredibly beneficial if you’re eager to get your business started or need to meet a specific deadline.
Another fast option is hiring a registered agent service to file for you. These companies specialize in business formation and can submit your paperwork online quickly.
Registered agents have relationships with state offices, which may lead to faster processing times. They handle all the details, saving you time and effort.
Should you use a Registered Agent in Delaware?
Yes, you should use a Registered Agent in Delaware for your LLC formation rather than acting as your own agent.
A Registered Agent acts as your official point of contact for legal and tax documents, ensuring that you never miss important correspondence from the state. This is especially crucial for maintaining compliance and avoiding penalties.
Additionally, having a Registered Agent allows you to keep your address private, as they will use their address for official communications. This is a matter of convenience and a layer of protection for your privacy. P
Plus, if you’re not based in Delaware, a Registered Agent ensures that someone is always available during business hours to receive documents on your behalf.
I highly recommend Northwest Registered Agent for your LLC formation.
Northwest Registered Agent has over 20 years of experience and provides the best customer support among registered agents.
One of the standout features of Northwest is that you can use their address for your LLC filing, which helps keep your personal address off public records. This added layer of privacy is a huge plus you won’t find with other filing companies.
Frequently Asked Questions
Can I form an LLC in Delaware if I am not a resident?
Yes, you can form an LLC in Delaware even if you’re not a resident. Delaware allows non-residents to own and operate LLCs in the state. This makes it a popular choice for many business owners.
What is the process for incorporating an LLC in Delaware?
To form an LLC in Delaware, you must file a Certificate of Formation with the Division of Corporations. You can do this online or by mail. Choose a unique name for your LLC and appoint a registered agent in Delaware.
What are the associated fees for filing an LLC in Delaware?
The basic filing fee for a Delaware LLC is $90. Other costs may include name reservation fees ($75) or county fees ($25 per county). Optional services like expedited processing can also add to the total cost.
What documents are required to establish an LLC in Delaware?
The main document you need is the Certificate of Formation. You should also create an Operating Agreement, though it’s not required to be filed. You’ll need an EIN from the IRS for tax purposes.
What is the average processing time for a Delaware Good Standing certificate?
A good standing certificate in Delaware typically takes 10-15 business days to process. This document proves your LLC is properly registered and current with state requirements.
Are there any expedited options available for forming an LLC in Delaware?
Yes, Delaware offers expedited processing options. You can pay extra for same-day, next-day, 2-hour, or 1-hour service. These options can significantly speed up the formation process, but they come with higher fees.
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