Delaware Foreign Registration › From Nevada
Taking a Nevada LLC into Delaware
A Nevada LLC registers in Delaware on the Certificate of Registration of a Foreign Limited Liability Company for $200 and keeps paying Nevada its $350 yearly list and license, so across both states the yearly bill is $750 once Delaware's $400 tax is added. The first year, with the registration, is $950.
Nevada and Delaware side by side
| Topic | Nevada | Delaware |
|---|---|---|
| Entry filing | Already formed | Certificate of Registration of a Foreign Limited Liability Company, $200 |
| Good standing certificate | $50 from Nevada | Required, dated within 6 months of filing |
| Yearly charge | $350, made up of a $150 list fee and a $200 license | $400 tax, due June 1 |
| Annual filing | A list of managers or members | None |
| Agent | A Nevada agent | A Delaware resident or an entity with a Delaware office |
| If the yearly charge is late | $75 added to the list | $200 plus interest, and the registration lapses |
What changes for a Nevada LLC
The Nevada LLC keeps its Nevada agent, its Nevada list and its Nevada license. Delaware adds a registration, an agent, a certificate and a tax, and it adds nothing to the Nevada side. The Delaware tax of $400 is a flat sum that does not move with revenue or with the amount of Delaware work. A Nevada LLC that registers here therefore has two yearly items to track, the Nevada list and license and the Delaware tax.
The Nevada certificate
Delaware wants proof of existence from the home state, issued less than 6 months before the day it files. Nevada's fee for its good standing certificate is $50. Order it only when the other pieces, the name and the Delaware agent, are ready.
Filling in the Delaware form from a Nevada record
Article 1 takes the Nevada name, or a variant if Delaware already holds a close one, with the home name in parentheses. Article 2 gives Nevada and the date of formation, followed by the statement that the LLC validly exists. Article 3 is a specific purpose for Delaware, and a general statement is not enough. Article 4 names the Delaware agent and street address, article 5 is printed, and article 6 gives the start date of Delaware work. An authorized person signs.
Managers and members
Nevada's annual list names managers or, if there are none, members, with their addresses, and it is part of what Nevada keeps on record. The Delaware application asks for none of that. It records the LLC's name, home state, purpose, agent and start date. Registering in Delaware does not add owner names to the public record.
The yearly figure
Nevada's $350 plus Delaware's $400 makes $750 a year in state charges. The first year adds the $200 registration. That leaves out both agents, rush service and our charge. Run both against what the Delaware work earns before you decide to register.
Calendars to keep
| What | Nevada | Delaware |
|---|---|---|
| Charge | $350 | $400 |
| When | The list falls due in the month of the anniversary of qualifying | June 1 each year |
| If missed | Late amount on the list | Registration lapses; no suits in Delaware courts |
| Change of agent | Set by Nevada | $50 |
What Delaware needs from a Nevada LLC, in one list
- The Nevada name as shown on the Nevada record, with the ending.
- The date of formation from the certificate.
- A sentence on the Delaware purpose.
- A Delaware registered agent and street address.
- The day Delaware work started or will start.
- An authorized person's signature, and the certificate of existence.
The costs sit in the years that follow the filing.
Where the two states disagree on timing
Delaware's tax is due on a fixed date, June 1, whatever month the LLC registered. Nevada's list follows the LLC's own anniversary instead. The result is two dates in different seasons for most Nevada LLCs. Put both in one calendar on the day you register, and make sure the Nevada agent and the Delaware agent each know who forwards mail to whom.
Registering a Nevada LLC in Delaware
Check the Nevada list is current
A current record makes the certificate easy to get.
Choose the Delaware agent
A Delaware resident, or a business that keeps an office in the state.
Order the Nevada certificate
Issued no more than 6 months before you file.
Complete the six articles
With a specific purpose in Delaware.
File and pay
$200 to the Division of Corporations.
Mark both calendars
June 1 for Delaware and your Nevada anniversary month.
Questions from Nevada LLC owners
Does Delaware ask for the Nevada list?
No. The six articles do not ask for a list of managers or members.
Does my Nevada agent work in Delaware?
Only if it also keeps a business office in Delaware, at the registered office address.
Does Nevada charge less once I register in Delaware?
No. Nevada's yearly charges stay the same.
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)
- Nevada Secretary of State, limited-liability company fee schedule
- Nevada Revised Statutes, Chapter 76 (State Business License)
- Delaware Division of Corporations, LLC/LP/GP annual tax
- Nevada Secretary of State, limited-liability company fee schedule
- Nevada Secretary of State, commercial recordings FAQ
Doing business in Delaware?
One order covers the application, the certificate and the agent. After that we flag the June 1 tax.