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Steven S.

Steven Stark

583 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Jake S.

Jake Siciliano

268 reviews
Jake graduated from Thomas Jefferson School of Law where he focused on international trademark and corporate law. As of 2022, he has obtained his L.L.M. in Financial Compli... read more
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Richard G.

Richard Gora

200 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Timothy D.

Timothy Duffy

15 reviews
Tim is an Illinois licensed attorney. For the past five years he has helped a wide variety of startups, small businesses, and individuals manage their legal issues, from se... read more
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Darryl S.

Darryl Shaper

13 reviews
My mission is to help small businesses, entrepreneurs and individuals get legal services for fair and reasonable prices. Wherever possible, I offer flat/fixed fees rather t... read more
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Frank T.

Frank Taboada

9 reviews
Frank earned his law degree from Northwestern University law school after graduating from Annapolis and earning an MBA while serving in the US Navy. Frank has extensive... read more
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Ted H.

Ted Hight

8 reviews
Ted Hight is an accomplished business attorney with more than 20 years' experience providing dynamic and proactive guidance to companies across a broad range of sectors. Wh... read more
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Julia C.

Julia Cheng

6 reviews
Many companies are outsourcing their legal needs today because it is more cost effective. Attorneys like Julia Cheng offer experience, talent, and knowledge for businesses who do not need full-time in-house counsel. Ms. Cheng works with internet-based businesses and technology companies to fulfill their legal needs. She specializes in digital entertainment areas and is fluent in Mandarin Chinese.
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Dolan W.

Dolan Williams

6 reviews
I am an experienced and dedicated attorney with a proven track record of providing effective legal solutions to businesses. I've worked with large organizations, non-profit... read more
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Brooks L.

Brooks Lindsay

5 reviews
Brooks is the Founding Attorney of Light Legal PLLC, providing light-weight, light-speed, top-quality legal services for businesses at about half the price of BigLaw. Brook... read more
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Why use UpCounsel to form your LLC in Delaware?

Confused by complicated questionnaires and government forms? Want to get your questions answered by a real attorney? UpCounsel provides personalized legal services with experienced attorneys to help form your Delaware LLC the right way.
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Why use UpCounsel to form an LLC in Delaware

Starting an LLC in Delaware with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in Delaware with UpCounsel, the attorney you choose to help you will conduct a business name search for your Delaware LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Certificate of Formation have been prepared and successfully filed with the Delaware Division of Corporations, your Delaware LLC has been formed and begins its existence as a corporate entity.

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your Delaware Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company. The words "limited" and "company" may be abbreviated to "Ltd." and "Co.," respectively.

It must be distinguishable (not the same as or deceptively similar to) the name of any Delaware Limited Liability Company or foreign LLC reserved or registered and cannot contain the words "bank," "trust," "trustee,""incorporated," "inc.," corporation," or "corp.," or "insurer" or "insurance company" or any other words suggesting that it is in the business of issuing policies of insurance and assuming insurance risks.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your Delaware Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of Delaware.

Requirements for Forming a Delaware LLC

Certificate of Formation: When forming an LLC in Delaware, the Certificate of Formation must be filed with the Delaware Division of Corporations. Delaware state law requires that certain information be included in your Certificate of Formation when forming your Delaware LLC.

This information must include:

  1. The LLC name
  2. Authorized entity's name and signature
  3. The name and address of the initial registered agent for service of process on the LLC.
  4. Date when LLC effective, if other than date filed.

Additionally, a Delaware LLC formation generally requires inclusion and/or consideration of the following:

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

LLC Operating Agreement: If you have an LLC with more than one member, it is highly recommended that you adopt an operating agreement for the company although it is not required. The operating agreement may also be amended and repealed as allowed by the agreement or applicable law. The Certificate of Formation may contain restrictions or prohibitions on the power of the members to adopt, amend, or repeal an operating agreement. If there is more than one member, any operating agreement shall initially be agreed to, in writing, by all of the members.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Certificate of Formation or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Professional Services: If you are an LLC that will provide a professional service, according to state law, you must contact the proper licensing board according to determine whether your business must meet certain requirements to operate as a professional service LLC.

Resident Agent needed for a Delaware LLC

UpCounsel attorneys can also provide your business with a registered agent in Delaware. Every Delaware LLC must have a registered agent in Delaware, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The registered agent must have a permanent address in Delaware and be authorized to do business in the state. If the LLC itself is located in Delaware, it can act as its own registered agent.

Delaware Secretary of State

Once you create an LLC in Delaware, the Delaware Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the Delaware Secretary of State.

Recurring Responsibilities and Duties for Delaware LLCs

Annual Report: Each limited liability company shall provide an annual report to the Delaware Secretary of State regarding its financial condition to each of its members.

Records: Each Delaware limited liability company must keep the following records open to inspection at its office:

  1. A current list of the full name and last known business or residence address of each member and of each holder of an economic interest in the limited liability company set forth in alphabetical order, together with the contribution and the share in profits and losses of each member and holder of an economic interest.
  2. If the LLC is manager-managed, you will need a current list including the full name and business or residence address of each manager.
  3. A copy of the Certificate of Formation and all amendments thereto, together with any powers of attorney pursuant to which the Certificate of Formation or any amendments thereto were executed.
  4. Copies of the limited liability company's federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years
  5. A copy of the LLC's Operating Agreement, if in writing, and any amendments thereto, together with any powers of attorney pursuant to which any written operating agreement or any amendments thereto were executed.
  6. Copies of the limited liability company's financial statements, if any, for the six most recent fiscal years.
  7. The books and records of internal affairs as they relate to the limited liability company for at least the current and past four fiscal years.

Filing Fees for a Delaware LLC

Filings must be made with the Delaware Division of Corporations in which the LLC was organized, along with the appropriate state filing fee. The filing fee for the Certificate of Formation is $90. This fee can be subject to change, so make sure to keep yourself updated on the latest fee requirements on the Delaware Division of Corporations website.

Taxes for a Delaware LLC

Having an LLC in Delaware can offer certain tax advantages over having a corporation, including the availability of more tax deductions. Additionally, an LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity," so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in Delaware as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself. However, if you file IRS Form 8832, you may elect for corporate taxation if you regularly need to keep a substantial amount of your profits in the LLC.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

State Taxes: According to state law, LLCs operating in Delaware must pay an Alternative Entity Tax every year by June 1st. Registered Agents will receive a notice in December of each year. This is an annual $250 tax paid every year to the Delaware Division of Corporations. There is a penalty for late and non-payments, and interest is accrued every month that the tax is not paid.

Start Your Business Off Right with an Affordable LLC Formation Attorney in Delaware

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This is the most recent 20 reviews out of 251 reviews for Business Formation attorneys in Delaware

Mario Naim
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Premium Delaware Incorporation Package

Mario Naim

"Excellent service, prompt response and excellent quality of deliverables."

.
New York, NY,

Matthew Roazen
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

SSA with new Investor

Matthew Roazen

"Matt was amazing, he went above and aboard in the project! Will definitely recommend other startups to avail of his services."

.
Dover, DE,

Steven Stark
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Steven Stark

"We're a two-man startup operating on a shoestring who have absolutely no idea what we're doing. Steven went absolutely above and beyond to clear up the process, explain the boilerplate and make a few adjustments we thought we'd need. I know he's a biglaw guy with a bunch on his plate but we really did feel like he was in-house counsel. We'll definitely be giving him a call the next time we've got some paperwork! --Campbell and John Founders, Flyp, Inc."

.
Miami, FL,

Mary Hodges
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Mary Hodges

"Mary was a dream to work with; she got our time-sensitive project done ASAP, collaborated in a very helpful way, and was able to look around some of the corners we missed. I felt she had our best interests in mind, and would definitely recommend her for any project."

.
Los Altos, CA,

Alexander Nahai
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Restructure Corporation

Alexander Nahai

"It's been great working with Alex! His contribution to our Start-Up has been invaluable."

.
Wilmington, DE,

Jake Siciliano
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Jake Siciliano

"When you are getting a business off the ground, a lawyer can be more than someone that drafts legal documents, they are ideally someone who you can rely on due to their knowledge and professionalism. We were fortunate to find that in Jake and look forward to further work with him in the future."

.
Montgomery Village, MD,

Stacy Dees
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Stacy Dees

"Stacy was easy to work with on my document review project. She provided good notes on the documents, along with clear next steps. I plan to work with her again in the future."

.
South Bend, IN,

Michael Wieser
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Corporate Restructure

Michael Wieser

"Michael assisted in our company filings and incorporation documents. He was responsive, professional and helpful throughout."

.
Wilmington, DE,

Sara Mana
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Sara Mana

"Great selection - Sara has been a great resource during the launch of this new company"

.
Albuquerque, NM,

Katie Centolella
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Restructure Corporation

Katie Centolella

"Katie and Brent are very resourceful and professional, enjoyed dealing with them."

.
Wilmington, DE,

Daniel Weberman
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Delaware Incorporation Services

Daniel Weberman

"Great, fast and reliable service!"

.
Houston, TX,

Grant Maynard
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Grant Maynard

"If you're a founder, get in touch with Grant. Grant and his team were awesome to work with. They know how to work with founders and set them up for success. I spoke to many other attorneys that do file incorporation papers, however at Enterprise Legal Studios, startups is 90% of what they do. Go with Grant."

.
Cambridge, MA,

Matthew Wendlandt
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Matthew Wendlandt

"Matthew has been extremely professional, knowledgable, patient and his guidance has been phenomenal. A great person to work with and will continue to do so as our company gets off the ground. His experience working with both early and later stage companies has proved to be incredibly helpful to us."

.
Warrenville, IL,

Eric Broad
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Eric Broad

"Eric and his team are amazing. We are a team of first-time founders and needed legal counsel that we could trust. Not only did Eric give us everything we needed to set up our company on a strong legal footing, he was also very transparent about where legal counsel could or could not add value for our company. As a very international team on a variety of visas, our incorporation was certainly more complicated than most. However, Eric and his team patiently worked through the lengthy process with us, and did so in a way that made sure our legal costs remained within our expectations and control. Finally, I cannot overstate Eric's expertise in the tech start-up space, working with his team was truly an education."

.
Chicago, IL,

Jon Bourne
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Consult on Corporate Restructure

Jon Bourne

"I will definitely reach out to Jon again. Very helpful and always try to find out time for a call."

.
Austin, TX,

Craig Effrain, Esq.
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Craig Effrain, Esq.

"Enjoyed working with Craig. He is knowledgeable and was always available to answer questions."

.
Pleasanton, CA,

Paul Spitz
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Paul Spitz

"Excellent. Effectively discussed and addressed concerns within the timeframe set."

.
Athens, GA,

Neil Gandhi
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Form Delaware Corporation

Neil Gandhi

"Great service"

.
Hoboken, NJ,

Michael Perez
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Assist with Other Business Formation Matter

Michael Perez

"Excellent choice for your legal matters."

.
Middletown, DE,

Geoffrey Amend
5.0
Clear Communication
Response Time
Knowledgeable
Meets Deadlines

Premium Delaware Incorporation Package

Geoffrey Amend

"If you’re looking for an honest person, then you should be working with Geoff. He delivered on time, was really reliable, and was professional. I highly recommend him. I will continue working with him."

.

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