Delaware Foreign Registration › Do it yourself
How to file a Delaware foreign LLC registration yourself
Doing it without us means sending the Division of Corporations the Certificate of Registration of a Foreign Limited Liability Company, a home-state certificate of existence dated within 6 months and $200, by mail or through its filing service. It is a short form. The time goes into the certificate, the agent and the tax afterwards, and the route below is the one the Division sets out.
Before you open anything: what to gather
- The LLC's exact name and its home state and formation date.
- The name you will register under, if it differs from the home name.
- One sentence describing what the LLC will do in Delaware.
- A Delaware registered agent who has agreed to serve, with a street address.
- The day Delaware work begins, or began.
- A certificate of existence from the LLC's own state, no more than 6 months old when Delaware files.
- Someone who can sign for the LLC.
The form is six articles and a signature.
The route, step by step
Check that the name is available
The Division has an online name search. It also sells a name hold for 120 days, which you do not need if you file promptly.
Download the form
The Division publishes the foreign LLC form on its forms page under limited liability companies. It is marked as a template and you may draft your own document with the information the statute requires.
Complete the six articles
Name, jurisdiction and date of formation, purpose, registered office and agent, and the start date. Article 5 is printed for you.
Sign it
An authorized person signs and prints a name beneath the signature.
Get the certificate
Ask the home state's filing office, and time the request so the certificate is under 6 months old on the day Delaware files.
Choose how to send it
Mail it, or submit through the Division's document filing service.
Pay
The fee is $200.
Keep the returned copy and diary the tax
The first June 1 payment is $400.
Mailing it
A mailed request goes to the Division of Corporations at 401 Federal Street, Suite 4, in Dover (Division of Corporations, John G. Townsend Building, 401 Federal Street, Suite 4, Dover, DE 19901). The Division asks for a cover sheet that gives your name or the entity's name, a return address and a phone number. The check is made out to the Delaware Secretary of State. The Division returns every order by regular mail unless you include a FedEx or UPS account number on the request, and it cannot return anything by fax or email. Because of the six-month rule on the certificate, mailing time counts against you.
Using the filing service
The Division runs a Document Filing and Certificate Request Service for filers who prefer to submit electronically. It accepts the document and the certificate request, and it is for submission only; it does not give direct online filing or document retrieval, and it does not work out the fees. Nothing is taken from the card or ACH account at submission. The charge comes when the order is processed, with an email stating the amount and an invoice after. A My eCorp account saves your submitter details. The service runs Monday to Thursday 7:45 am to 11:59 pm, Friday 7:45 am to 10:30 pm, Eastern time, and it is closed on weekends and state holidays.
Setting up the filing service account
The filing service sits behind the Division's eCorp site and asks you to register an account first. The form page explains each article, and the cover letter on the form lists what the Division wants alongside it.
How long it takes
No turnaround is published for ordinary filings. According to the FAQ, a correct document is filed with the date and time it was received, once the office has worked through that day's regular items, and the wait depends on volume. If speed matters, the paid tiers are $50 for next-day, $100 for same-day, $500 for two hours and $1,000 for one hour. Add the time for the home-state certificate, which has its own wait.
Where people get stuck
The usual snags are not on the Delaware form. The certificate comes from a different office, with its own wait, and its date starts a six-month clock. The agent has to be willing and has to have a Delaware street address, and the state asks you to speak to the agent before naming them. The purpose line can be too vague. And the registration is not the end of the work, since the tax comes round every June 1 and the Division mails the statement to the agent, not to you. Ask your agent to forward it.
A check before you send it
Read the application against the certificate once, line by line. The name, the home state and the formation date in article 2 should match the certificate word for word. The agent's street address should be one a courier could find. The purpose should say what the LLC does in a sentence a stranger could follow. The signer's name should be printed under the signature. Then check the dates: the certificate's date must fall within six months before the day the Division will file the application, and a mailed package can lose several days in transit.
The costs of doing it yourself
Delaware charges $200 no matter who sends the paperwork. A certified copy of the stamped application is $50. If you want to verify the LLC's status online later, the Division charges $10. What you save by filing yourself is our charge, and what you give up is the checking: we check the application against the certificate before it goes. The cost page has every figure in one place.
After the filing: your own checklist
- Put the next June 1 in two calendars and set a reminder in May.
- Tell your agent where to send the Division's tax statement.
- Pay the $400 online or by mail before June 1.
- If the agent, the address or the purpose changes, file a corrective certificate promptly.
- If the LLC stops working in Delaware, cancel the registration instead of letting the tax lapse.
When filing alone makes sense, and when it does not
A plain case suits doing it yourself: the home-state record is clean, you already have an agent who has said yes, the purpose fits in one sentence, and nothing is urgent. A messier case benefits from help: the home state is slow with certificates, you need a Delaware agent and have none, the LLC has been working here for a while, or you want the filing checked before anything is sent. Either way the state fee is the same, and the tax afterwards is yours to pay.
Doing it yourself: questions
Is there an online form that files directly?
The Division describes its service as submission only. It does not provide direct online filing of the document.
Can I use my own document instead of the form?
Yes, if it carries the information the statute requires. The Division says so on the form.
What if the certificate is a week too old?
Get a new one. The rule is six months before the filing date.
Can the same person sign and be the agent?
If that person is an individual resident of Delaware and willing, yes. The agent is a role, not a conflict.
Our charge, then the Delaware fee
Register in Delaware
+ $200 Delaware fee
- The Certificate of Registration of a Foreign Limited Liability Company, prepared from your answers
- A fresh certificate of existence from the home state, ordered for the filing
- A Delaware registered agent, either our office or your own choice
- Your Delaware registration and the date the first annual tax is payable
- Renewal: after the first year, the agent service renews at $149 a year
$199
Start my Delaware filingOur charge and the Delaware fee are separate lines at checkout. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Delaware Code and state pages
- Delaware Code Title 6, chapter 18, subchapter XI (fees and annual tax)
- Delaware Division of Corporations, Certificate of Registration of a Foreign Limited Liability Company (PDF)
- Delaware Code Title 6, chapter 18, subchapter IX (foreign LLCs)
- Delaware Division of Corporations fee schedule (PDF)
- Division of Corporations, how to form a new business entity
- Division of Corporations, document filing and certificate request service
- Division of Corporations, expedited services
- Division of Corporations, certificates of status and entity status online
Doing business in Delaware?
One order covers the application, the certificate and the agent. After that we flag the June 1 tax.