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If you have an LLC in Delaware<\/a> and want to expand your business beyond Delaware, you must form a foreign LLC. Any business, especially a limited liability company<\/a>, located in other states, starts its operation in Delaware, must file a foreign LLC in Delaware. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Delaware government.<\/p>\n In this article, you’ll be reading about how to start a foreign LLC in Delaware<\/a>. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Delaware after you form it.<\/p>\n Forming a Foreign LLC in Delaware<\/a>Filing Delaware Foreign LLC Online – Quick Recap<\/a>After Forming Delaware Foreign LLC<\/a>FAQs<\/a><\/div>\n A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Delaware, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.<\/p>\n Anyone who has an active and in good standing LLC anywhere (except for Delaware) and wants to expand their operations in Delaware can file their LLC as a foreign entity. To start a foreign LLC in Delaware, you need to register it with the Delaware Secretary of State<\/a>. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Delaware for registering a foreign LLC<\/a>.<\/p>\n Note:<\/strong> These are generic steps to file a foreign LLC in Delaware. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy<\/a> Team<\/p>\n Before you proceed to register your LLC in Delaware as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.<\/p>\n If your LLC is originally registered in Delaware, then you must obtain the Certificate of Good Standing from Delaware Secretary of State<\/a>. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Delaware must get this document to register a foreign LLC in Delaware.<\/p>\n Filing Certificate of Good Standing<\/strong>: A Certificate of Good Standing can be obtained by applying online in Delaware. To apply for the Certificate, one must fill up the Good Standing Request Form<\/a>. The form needs you to share your name, email, and phone number to start with. Then you can search for your company records and submit the form to obtain the certificate of good standing in Delaware.<\/p>\n Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Delaware Secretary of State. Your LLC\u2019s legal name outside of Delaware will be listed on the application, along with the name it will use in Delaware. Take note of the requirements for naming your LLC<\/a>.<\/p>\n You can use the same name as your domestic LLC name, however, that name should be available in Delaware to use. Check name availability at Delaware’s business entity names<\/a> and reserve your LLC name. There are a bunch of LLC naming guidelines in Delaware<\/a> when it comes to forming a foreign LLC. Check the guidelines before you name your business.<\/p>\n A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Delaware, you must have a registered agent from Delaware only. No matter where your domestic LLC is located, you must hire a registered agent from Delaware for your foreign LLC.<\/p>\n You\u2019ll need a registered agent<\/a> to form a foreign LLC in Delaware and take note that the Delaware Registered Agent<\/a> must have a local address. Here are the best LLC services<\/a> on our list that will provide you with registered agents to ease your worries:<\/p>\n Output for wptb id 44275 (used on ~332 pages): LLC service comparison. 5.0<\/span>\n<\/div>\n<\/div>\n Start My LLC<\/a>\n<\/div>\n<\/div>\n 4.5<\/span>\n<\/div>\n<\/div>\n Get Started<\/a>\n<\/div>\n<\/div>\n<\/div>\n The most important step is to send the application for registration with Delaware SOS. Download the PDF form from the Delaware Secretary of State<\/a> website or file it online (whichever method is available). The form must be filled out with the following details:<\/p>\n LLC\u2019s full legal name.<\/p>\n<\/li>\n A fictitious name or a DBA<\/a> (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.<\/p>\n DBA filing method in Delaware: two methods, by mail and in person<\/p>\n<\/li>\n Online: There is no online filing available<\/p>\n<\/li>\n Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Leonard L. Williams Justice Center, Prothonotary, Superior Court, 500 North King Street, Suite 500, LL1, Wilmington, DE 19801-3746<\/p>\n<\/li>\n DBA filing fee in Delaware: $25<\/p>\n<\/li>\n<\/ul>\n<\/li>\n LLC\u2019s principal office and mailing addresses<\/p>\n<\/li>\n LLC formation state and date.<\/p>\n<\/li>\n Registered agent\u2019s name and address in Delaware.<\/p>\n<\/li>\n Date when your LLC will start operations in Delaware.<\/p>\n<\/li>\n Credit card information is on the last page of the form for the application fee.<\/p>\n<\/li>\n<\/ul>\n Not Applicable<\/p>\n In Delaware, to register your foreign LLC in Delaware you must download the Foreign LLC Registration Form<\/a>. This PDF form must be filled up (typed or printed) and submitted to the Delaware SOS address by mail or by person. SOS Address: Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901.<\/p>\n Foreign LLC Registration Fee in Delaware<\/strong>: For a foreign LLC registration in Delaware, you must pay $200 as a processing fee. The fee should be paid by using checks at the time of offline form submission.<\/p>\n The LLC cost in Delaware<\/a>, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Delaware’s domestic and foreign LLCs<\/a>.<\/p>\n Foreign LLCs are also subjected to the Delaware Business Privilege Tax and must file LLC annual reports<\/a> each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Delaware for a foreign LLC separately as it is issued from the IRS.<\/p>\n For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation<\/a>‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Delaware. However, it is recommended to check with the Delaware Secretary of State<\/a> for state-wise taxes.<\/p>\n Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.<\/p>\n Get the Certificate of Good Standing from your home state where your LLC is originally registered<\/p>\n<\/li>\n Check if the name of your LLC is available in Delaware to use for your foreign LLC. If not, file DBA name with Delaware SOS.<\/p>\n<\/li>\n Get a registered agent in Delaware to represent your foreign LLC in Delaware. Recommended, professional help instead of being your own registered agent.<\/p>\n<\/li>\n File the Application of Foreign LLC with the Delaware Secretary of State<\/a> following the mentioned method(s) above.<\/p>\n<\/li>\n Make the processing fee.<\/p>\n<\/li>\n<\/ol>\n According to the Corporate Transparency Act<\/a>, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN)<\/a>. Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Delaware with the FinCEN.<\/p>\n Here are added things you need to accomplish after forming your Delaware Foreign LLC<\/p>\n Obtain Business Licenses. Find the business licenses you\u2019ll need using the Business License Search<\/a>. You can contact the license office at Delaware Division of Corporations.<\/p>\n<\/li>\n File LLC annual reports<\/a> and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Delaware. Here’s everything about Delaware LLC Annual Reports<\/a>.<\/p>\n<\/li>\n Pay State Taxes like sales tax<\/a>; you\u2019ll need an EIN for your LLC<\/a>.<\/p>\n<\/li>\n<\/ol>\n Delaware is known for its business-friendly laws and well-established court system for resolving business disputes.<\/p>\n<\/div>\n<\/details>\n Yes, you will need a registered agent with a physical address in Delaware to receive legal documents on behalf of your LLC.<\/p>\n<\/div>\n<\/details>\n No, a PO Box address cannot be used as the registered agent address in Delaware. It must be a physical street address.<\/p>\n<\/div>\n<\/details>\n The filing fee for forming a foreign LLC in Delaware is $200.<\/p>\n<\/div>\n<\/details>\n The processing time for forming a foreign LLC in Delaware is typically around 1-2 weeks.<\/p>\n<\/div>\n<\/details>\n No, you do not have to be a US citizen to form a foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n Yes, you can operate your business anywhere in the world if you form a foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n The annual franchise tax for a foreign LLC in Delaware is a minimum of $300.<\/p>\n<\/div>\n<\/details>\n There is no minimum investment requirement to form a foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n No, you do not have to hold meetings in Delaware if you form a foreign LLC there.<\/p>\n<\/div>\n<\/details>\n Yes, you can file your taxes in your home country if you form a foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n Yes, you can convert your foreign LLC in Delaware to a domestic LLC if you decide to operate solely within the state.<\/p>\n<\/div>\n<\/details>\n No, you can manage the LLC yourself or appoint one or more members to manage the LLC.<\/p>\n<\/div>\n<\/details>\n Yes, there are online services available to help you with the process of forming a foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n Yes, you can change the name of your foreign LLC in Delaware by filing a request with the Secretary of State.<\/p>\n<\/div>\n<\/details>\n Yes, you will need to obtain a business license to operate your foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n Yes, you can dissolve your foreign LLC in Delaware by filing the necessary paperwork with the Secretary of State.<\/p>\n<\/div>\n<\/details>\n The annual reporting requirements for a foreign LLC in Delaware include filing an annual report and paying the annual franchise tax.<\/p>\n<\/div>\n<\/details>\n No, you cannot use an existing LLC name from another state for your foreign LLC in Delaware.<\/p>\n<\/div>\n<\/details>\n The process of forming a foreign LLC in Delaware is similar to forming a domestic LLC, but there are additional requirements for foreign entities.<\/p>\n<\/div>\n<\/details>\n Owners of a foreign LLC in Delaware can maintain their privacy by using a registered agent to receive legal documents on their behalf.<\/p>\n<\/div>\n<\/details>\n To open a bank account for your foreign LLC in Delaware, you will need to provide the bank with your LLC formation documents and an EIN from the IRS.<\/p>\n<\/div>\n<\/details>\n Yes, you can operate multiple businesses under one foreign LLC in Delaware as long as they are related and fall under the same industry.<\/p>\n<\/div>\n<\/details>\n You do not need to provide financial statements when forming a foreign LLC in Delaware, but you may need them for certain licenses or permits.<\/p>\n<\/div>\n<\/details>\n Yes, you can change the structure of your foreign LLC in Delaware by amending your LLC operating agreement.<\/p>\n<\/div>\n<\/details>\n Most types of businesses can form foreign LLCs in Delaware, but there are restrictions on certain industries such as banking and insurance.<\/p>\n<\/div>\n<\/details>\n Delaware has a well-established legal system, favorable tax laws, and a reputation for being business-friendly, making it an attractive choice for forming a foreign LLC.<\/p>\n<\/div>\n<\/details>\n Yes, you can sell products or services in other states if you form a foreign LLC in Delaware, as long as you comply with the laws of those states.<\/p>\n<\/div>\n<\/details>\n While having a physical presence in Delaware is not required to form a foreign LLC there, you will need a registered agent with a physical address in the state.<\/p>\n<\/div>\n<\/details>\n Delaware is known for its business-friendly laws and favorable tax structure, making it an attractive choice for businesses.<\/p>\n<\/div>\n<\/details>\n\nOn this page<\/h4>\n
Forming a Foreign LLC in Delaware<\/h2>\n
1<\/span> Get the Certificate of Good Standing From Home State<\/a>2<\/span> Choose Delaware Foreign LLC Name<\/a>3<\/span> Select Delaware Foreign LLC Registered Agent<\/a>4<\/span> File Application for Registration for Delaware Foreign LLC<\/a>5<\/span> Determine How Your Delaware Foreign LLC is taxed<\/a><\/div>\nStep 1<\/span>Get the Certificate of Good Standing From Home State<\/h3>\n
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<\/p>\nStep 2<\/span>Choose Delaware Foreign LLC Name<\/h3>\n
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<\/p>\nStep 3<\/span>Select Delaware Foreign LLC Registered Agent<\/h3>\n
\n Logos in static\/logos\/: legalzoom.png, northwest.png. Styling: .ptable in theme\/style.css. <\/p>\n\n\nLLC Service<\/span>
\nOur Rating<\/span>
\nTop Features<\/span>
\nPricing<\/span>\n<\/div>\n\n\n#1 Top Pick<\/span>
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\n$39 + State Fees<\/small><\/div>\nStep 4<\/span>File Application for Registration for Delaware Foreign LLC<\/h3>\n
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Online Filing<\/h4>\n
Offline Filling<\/h4>\n
Step 5<\/span>Determine How Your Delaware Foreign LLC is taxed<\/h3>\n
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<\/p>\nFiling Delaware Foreign LLC Online – Quick Recap<\/h2>\n
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BOI Reporting<\/h4>\n
After Forming Delaware Foreign LLC<\/h2>\n
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FAQs<\/h2>\n
\nWhat is the advantage of forming a foreign LLC in Delaware?<\/summary>\n
\n\nDo I need a physical address in Delaware to form a foreign LLC there?<\/summary>\n
\n\nCan I use a PO Box address as my registered agent address in Delaware?<\/summary>\n
\n\nHow much does it cost to form a foreign LLC in Delaware?<\/summary>\n
\n\nHow long does it take to form a foreign LLC in Delaware?<\/summary>\n
\n\nDo I have to be a US citizen to form a foreign LLC in Delaware?<\/summary>\n
\n\nCan I operate my business outside of Delaware if I form a foreign LLC there?<\/summary>\n
\n\nWhat is the annual franchise tax for a foreign LLC in Delaware?<\/summary>\n
\n\nIs there a minimum investment requirement to form a foreign LLC in Delaware?<\/summary>\n
\n\nDo I have to hold meetings in Delaware if I form a foreign LLC there?<\/summary>\n
\n\nCan I file my taxes in my home country if I form a foreign LLC in Delaware?<\/summary>\n
\n\nCan I convert my foreign LLC in Delaware to a domestic LLC in the future?<\/summary>\n
\n\nDo I need to appoint a manager for my foreign LLC in Delaware?<\/summary>\n
\n\nCan I use an online service to form a foreign LLC in Delaware?<\/summary>\n
\n\nCan I change the name of my foreign LLC in Delaware?<\/summary>\n
\n\nDo I need a business license to operate my foreign LLC in Delaware?<\/summary>\n
\n\nCan I dissolve my foreign LLC in Delaware if I no longer need it?<\/summary>\n
\n\nWhat are the annual reporting requirements for a foreign LLC in Delaware?<\/summary>\n
\n\nCan I use an existing LLC name from another state for my foreign LLC in Delaware?<\/summary>\n
\n\nIs the process of forming a foreign LLC in Delaware the same as forming a domestic LLC?<\/summary>\n
\n\nWhat are the privacy protections for owners of a foreign LLC in Delaware?<\/summary>\n
\n\nHow do I open a bank account for my foreign LLC in Delaware?<\/summary>\n
\n\nCan I operate multiple businesses under one foreign LLC in Delaware?<\/summary>\n
\n\nDo I need to provide financial statements when forming a foreign LLC in Delaware?<\/summary>\n
\n\nCan I change the structure of my foreign LLC in Delaware after it is formed?<\/summary>\n
\n\nAre there any restrictions on the types of businesses that can form foreign LLCs in Delaware?<\/summary>\n
\n\nWhat are the benefits of forming a foreign LLC in Delaware compared to other states?<\/summary>\n
\n\nCan I sell products or services in other states if I form a foreign LLC in Delaware?<\/summary>\n
\n\nDo I need to have a physical presence in Delaware to form a foreign LLC there?<\/summary>\n
\n\nWhy should I consider forming a foreign LLC in Delaware?<\/summary>\n
\nAlso Read<\/h4>\n