Delaware Limited Liability Company / Form a Delaware LLC

Form a Delaware LLC (Limited Liability Company)

Delaware LLC Formation Service $99!*

*Plus state fees for all 50 States and D.C. Prices may vary for USA territories.

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InCorp is the innovative leader in providing low-cost and top-quality services catered to forming new Corporations, Delaware Limited-Liability Companies (LLCs), or any other types of recognized business entities. We provide our services throughout the expanse of all 50 United States, as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

What Is an LLC?

A Delaware Limited Liability Company or "LLC" is a distinct type of business structure that integrates various beneficial components of corporations, sole proprietorships, and partnerships into a simple, comprehensive, and flexible type of business framework that is widely used and favored amongst many small businesses.

How Can Forming a Delaware Limited Liability Company Help Your Business?

  • Easy to Manage

    The LLC structure is based on businesses having the freedom to contract. This signifies that owners only need to agree amongst themselves on how the company will operate, and this agreement can be upheld in court. With an LLC, annual board meetings, amendments, meeting minutes, and resolutions are not required by law, as is the case with corporations. Corporations that do not comply with these laws can lose the corporate structure's asset and liability protection in most states. Nevada is an exception, as the corporate veil cannot be pierced (except for fraud) if these corporate processes are not performed. Again, your unique circumstances will determine whether an LLC or a corporation is best for you.

  • Tax Advantages

    The structure of an LLC legally separates owners of the business from the business itself (similar to a corporation). Also, it can choose to be treated like a partnership for tax purposes. In this situation, an LLC would not pay taxes itself; the income would move to the owners, as with partnerships. The tax laws governing partnerships are more flexible than corporations, allowing businesses more variability and options in preparing for taxes. A company can search for creative ways to take advantage of potential tax breaks they may qualify for. Every business's situation will differ, and depending on the circumstances, either an LLC or corporation may offer the business owner more significant tax advantages.

  • Ability to Raise Capital

    When you structure your business as an LLC, adding new owners (referred to as members) to your business is a straightforward process, and there isn't any limit as to how many members can be involved. These additional investors can consist of individuals, corporations, trusts, and pension plans. None of which need to reside in the same state or even within the U.S. You can also form either an LLC or corporation in a state you don't live in; for example, you could start an LLC in business-friendly Nevada without even setting foot in the state.

  • Liability and Asset Protection

    Today's society is very "lawsuit-friendly," which is why it is of the utmost importance that you create a protective legal barrier between yourself and your creditors. As an entirely separate legal entity, your LLC will separate you from the business itself and protect you. There is no personal liability for any of the LLC's debts, including those related to contracts or torts with an LLC. To a large extent, your operating agreement can include any procedures and rules that the relevant parties agree to and once put into place. It can simply exist without the need to update or maintain it. This initial drafting of your operating agreement is essential because it needs to follow and comply with any IRS or state regulations in order for the LLC to be taxed as a partnership instead of as a corporation.

  • Co-Owner Liability

    In all U.S. states, LLC owners (members) are not typically held personally liable for another co-owner's or employee's wrongdoings. Corporations also protect this type of personal liability, while partnerships and sole proprietorships do not.

    Suppose an LLC is held responsible for negligence or wrongful actions of an employee or another owner. In that case, it can have financial assets or property taken from it due to an unfavorable judgment against it. The innocent LLC members will not be held personally liable; however, the owner or employee who perpetrated the act can be held personally responsible for their actions.

Why choose InCorp Services to form your Delaware LLC?

  • Help Prevent Corporate Identity Theft

    EntityWatch® advises you of changes to help prevent corporate identity theft. Through EntityWatch®, the innovative and proprietary technology developed first by InCorp, our information system ties into most of the state databases to give you up-to-date information on the status of your entities including the filing status, the current registered agent, officers, and directors.

  • Consolidate Expenses

    For multi-state companies, you will receive a consolidated bill for all your business entities in every state hosted.

llc registration testimonial

"Excellent services, great customer services. Highly recommend them!"

Amal L.

  • Save Money

    For over 20 years we have provided top-tier service with one of the lowest prices in the industry and have only raised our prices one time (while many of our competitors raise their prices on their long-term clients yearly!) Our standard fee to Form your LLC is $99 and to serve as your Delaware registered agent is only $129 per state per year! And you can save even more when you choose multi-year registered agent service.

  • Fast Support and Service

    Over-the-counter expedited business document filing service are available for most states. Receive notification of all service of process forms in real-time and receive said service of process within 24-hours of receipt via Express Mail, facsimile, or email.

  • File Correctly with Expert Assistance

    By choosing InCorp, you will have the option to file online using our secure ordering system, or you can take advantage of the knowledge, experience, and expertise of our dedicated and professional business specialists in fulfilling your LLC formation needs. Our selection of options, innovative technologies, expansive area of service, and our commitment to producing high levels of customer satisfaction are the reasons why InCorp is the selected LLC registration and registered agent service provider for business owners across the entire nation!

  • Registered Agent Service in Delaware & Nationwide

    Delaware corporations, limited liability companies and other business entities are generally required by law to have a local Delaware registered agent in order to be in compliance. InCorp is happy to provide these services to business owners.

    Take advantage today of the legal protections provided to you by the law!

Still unsure whether to choose an LLC for your business?

With regard to the business structure, it must be selected carefully and for the proper reasons. We can help establish which option is the best fit for you and your business.

When creating a new business, it's key to understand all of the options involved while forming an LLC. By picking InCorp, you can know with certainty that our professional business specialists will provide the help you need in every step involved in registering your new business. We can ensure that you will receive a thorough understanding of the various factors in which your business structure can benefit you. Additionally, we guarantee that we will beat all of the competition's prices in incorporation services, LLC creation, and all other business services and products that we offer to our clients.

Read our Why Should I Incorporate page or Compare Entity Types page for more information.

Delaware LLC Frequently Asked Questions

"LLC" and "Corporation" have many of the same characteristics. The most important characteristic they share is that they both offer limited liability protection to their owners. Typically, shareholders are not liable for the debts and obligations of the corporation; thus, creditors will not come knocking at the door of a shareholder to pay the debts of the corporation. In a partnership or sole proprietorship, the owner's personal assets may be used to pay debts of the business. With an LLC, the members are not personally liable for the debts and obligations of the corporation. There are many important differences between the corporation and LLC. The entities are taxed differently. An LLC is a pass-through tax entity. This means that the income to the entity is not taxed at the entity level; however, the entity does complete a tax return. The income or loss as shown on this return is "passed through" the business entity to the individual shareholders or interest holders, and is reported on their individual tax returns. With a standard corporation, the corporation is a separately taxable entity. Corporations are treated as separate legal taxable entities for income tax purposes. Therefore, corporations pay tax on their earnings. If corporate earnings are distributed to shareholders in the form of dividends, the corporation does not receive the reasonable business expense deduction, and dividend income is taxed as regular income to the shareholders. Thus, to the extent that earnings are distributed to shareholders as dividends, there is a double tax on earnings at the corporate and shareholder level.

In terms of reporting income, they are quite similar. The LLC is somewhat less restrictive than the "S" corporation. There can be any number of members, and there are few restrictions on who those members may be. They are also a relatively new entity, so there is not as great a definitive body of tax rulings on them as there is with corporations.

Getting started is easier than you think! Click here to build and price your new LLC , or call us at 1-800-2INCORP (1-800-246-2677) today to speak with one of our consultants. We will give you a free consultation with no obligation to purchase!

We can begin today and in some cases (like Nevada), have your corporation formed within 24-hours. All states differ in the turnaround time of their processing of your corporation. However, through relations with the various state offices, we strive to maintain the fastest turn-around times in the industry. Call and speak with one of our consultants to obtain the average turn-around time for any given state.

In most cases, the answer is no. In most states, InCorp assigns itself as the "incorporator" and is able to file all of the paperwork without an officer's signature. Some states require the officer's signatures on the Articles of Incorporation. In those cases, we will overnight the documents to you for your signature and have you return them to us, or use a facsimile signature to fulfill the requirement. In either case, you are not required to be present to form your corporation.

No. This is a common misconception among small-business owners, usually fostered by advice from an inexperienced accountant. Any seasoned advisor will tell you that incorporating is the first and foremost thing you should do when starting a business. Forming an LLC will not only save you taxes but it will also limit your exposure to IRS audits by separating your personal and business expenses.

The title of the document filed in many states to register a limited liability company (LLC) with the state. Also known as articles of formation.

Managers are the individuals who are responsible for the maintenance, administration and management of the affairs of a limited liability company (LLC). In most states, the managers serve a particular term and report to and serve at the discretion of the members. Specific duties of the managers may be detailed in the articles of organization or the operating agreement of the LLC. In some states, the members of an LLC may also serve as the managers.

The owner(s) of a limited liability company (LLC are the Members. Unless the articles of organization or operating agreement provide otherwise, management of an LLC is vested in the members in proportion to their ownership interest in the company.

Delaware State Fees

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How to order an LLC with Registered Agent Service