Delaware LLC nuts and bolts

[wildwestica]

Hello, I will form an LLC through Delaware. What are the nuts and bolts of registration? For example, can I register directly through the state of Delaware or do I pay a third party? If a third party can you recommend one? Thank you.

[Mardi_Gras]

Probably the best source for that info would be the state itself. Try:

[state.de.us...]

[JayC]

You can do it yourself, just send in a simple form and a check.

But -- since you're asking -- are you sure it's the right thing? There's a lot of hype about the benefits of formalizing a business entity in Delaware, but many of the advantages are meaningless to small closely held businesses (as your LLC, I assume, will be), and there are disadvantages and expenses that you won't have if you stay within your own state. For example, you'll need to pay a registered agent in Delaware, and you may need to file in your own state as a foreign corporation.

This of course assumes you're in the US to begin with. Anyway, it's a complicated decision and it'd make sense to talk to a local tax accountant to get advice about your particular situation.

Anyway, a good place to start for general information about forming a business in Delaware is the website of the Delaware Division of Corporations. Keep in mind that much of the content on that site is their own sales pitch.

[g1smd]

For those of us outside the U S of A perhaps someone could give all a clue as to what this LLC means?

Darn jargon.

[JayC]

G1smd, LLC stands for "Limited Liability Company." It's a form of business entity, an option one make take instead of forming a corporation, partnership, sole proprietorship, etc.

As things are structured in the US, the LLC combines the liability advantages of a standard corporation with fewer formal recordkeeping requirements and with (usually) the simplifed "pass-through" tax arrangement of a partnership or sole proprietorship.

[JamesR]

If this is totally unfamiliar to you, it may be best to consult with a trusted accounted to see if this structure is right for you and your business at this point.

[digitalbrain]

if your business is too new there is no need to incorporate else you will end up paying taxes and your break-out point will be delayed