How do I maintain an LLC in Delaware?
How do I maintain my Delaware LLC? | BetterLegal
What's the next step after registering my business in Delaware?
After successfully setting up your business in Delaware, you need to make sure that you keep your LLC in good standing with the state. This way, you will be able to transact with third parties smoothly, especially with your vendors and clients.
A good standing status shows that your company is compliant with the state requirements. This includes, but is not limited to, payment of annual fees and updating of your company information with the state.
Additionally, certain other formalities are required by the state, like appointing a registered agent for service of process and maintaining a registered office in Delaware.
If you do not have a physical address in the state where you registered your LLC, check out BetterLegal's Registered Agent Service. Through BetterLegal's Registered Agent service, you will receive scanned copies of your important mails and you may also request for physical copies to be mailed to your address for a minimal administrative fee. Subscribe to our service now!
Why is it important to Maintain my LLC in Delaware?
Third parties are able to obtain your good standing status by submitting a request to the Secretary of State in Delaware. If a third party you are transacting with finds out that your company is in bad standing with the state, it may cause unnecessary delays and issues in your business transactions.
Also, failure to comply with state requirements may result to forfeiture, dissolution, or involuntary termination of your LLC.
This is why you should be on top of Delaware's periodic requirements for Limited Liability Companies (LLCs) like yours. Maintain your LLC to avoid any issues and delays in your transactions.
If you need help in maintaining your LLC in Delaware, check out BetterLegal's State Compliance package. We will make sure that your company complies with the state requirements to keep your company in good standing. Subscribe to our State Compliance Service Now!
The Basics of Maintaining Your LLC
There are different administrative tasks that make up the maintenance of an LLC in Delaware, but can be grouped into categories:
- Annual Franchise Tax: Required filing in Delaware to keep your LLC in good standing
- Certificate of Formation: Updating of your LLC information in Delaware
- Operating Agreement: Legal document outlining the internal rules and procedures of a Limited Liability Company
- Licenses and Permits: Documentary requirements for these in Delaware vary depending on the nature of business
- DBAs: Registration of other names a business may go by other than its official name
- Taxes: Money owed to the government for revenues and earnings
Filing your Delaware LLC's Annual Franchise Tax
If you are planning to file your Delaware LLC's Annual Franchise Tax, BetterLegal has prepared an easy to follow step-by-step guide for you below. We have also included pertinent information that you need to remember when filing.
When is the due date for my Delaware LLC's Annual Franchise Tax?
File your Delaware LLC's Annual Franchise Tax every June 1st. You need to file it with the state every year. The Annual Franchise Tax may be submitted on or before June 1st.
How much do I need to pay for my Delaware LLC's Annual Franchise Tax?
Prepare $300 to pay for your Delaware LLC's Annual Franchise Tax.
What information are needed when filing my Delaware LLC's Annual Franchise Tax?
When filing your LLC's Annual Franchise Tax, make sure to provide any updated information of your LLC, except for LLC name change. Make sure to know your LLC's File Number, which may be found on your Certificate of Formation.
How do I submit my Delaware LLC's Annual Franchise Tax?
You may submit your Delaware LLC's Annual Franchise Tax online .
(1) File online using this link: https://icis.corp.delaware.gov/ecorp/logintax.aspx?FilingType=FranchiseTax.
What is the turnaround time for my Delaware LLC's Annual Franchise Tax?
Your payment or filing submission will reflect on the state's records immediately.
What should I do if I miss my Delaware LLC's Annual Franchise Tax's due date?
Late submission of Annual Franchise Tax in Delaware is allowed. Late fee is $200 and interest accrues at the rate of 1.5% per month. You may file your late submission online.
If you fail to file even after the grace period, your LLC will lose its good standing in the state. This will reflect in any request for a certificate of good standing.
I missed my Delaware LLC's Annual Franchise Tax's grace period for late submission, what should I do?
If you also missed the state's grace period for the filing of Annual Franchise Tax, pay for the tax dues, including late fees and penalties.
Certificate of Formation
If you want to update your company information but it is too early to file for your LLC's Annual Franchise Tax or maybe you have already filed your LLC's Annual Franchise Tax, but forgot to update your information, you may still do so by filing an amendment with the state.
BetterLegal may also assist you in filing these amendments. Check out the links below:
- Delaware LLC Certificate of Cancellation
- Delaware LLC Certificate of Registered Agent Change
- Delaware LLC Certificate of Amendment
- Delaware LLC Application for Reservation Of Limited Liability Company Name
- Delaware LLC Certificate of Revival
- Delaware LLC Certificate of Registration of Foreign Limited Liability Company
- Delaware LLC Registration of Trade, Business & Fictitious Name Certificate
- Delaware LLC Certificate of Good Standing
The operating agreement outlines your LLC's internal rules and regulations. Some events, such as change in ownership, may require you to update your operating agreement. BetterLegal may also assist you with this.
Licenses and Permits
Licenses and Permits requirement may vary in each state and depending on the nature of your business. These licenses and permits ensure that companies within specific industries are abiding by its rules and regulations. If you need assistance in obtaining the licenses and permits required for your LLC, you may check out BetterLegal's Permit and License Search service.
DBAs and Fictitious Names
A DBA (Doing Business As) or a Fictitious Name is an alternative name or nickname under which a business can operate. This allows a business to conduct business under a name other than its legal name. For example, an LLC named "ABC Tile LLC" might file for a DBA and conduct business under the name "Delaware Tile".
A DBA or Fictitious name is not a separate legal entity, it is a name that the business can use for its transactions and it does not change the legal structure or the ownership of the business.
If you need help in registering a DBA for your LLC, reach out to us via chat or call to confirm if we can assist with your filing.
The type of taxes that each state requires vary. Meanwhile, all LLCs are subject to Federal Taxes due to the IRS and are reported through the LLC’s EIN. For the filing of your taxes, it is best to consult your accountant.