Forming an LLC is becoming easier day by day but only if you are aware of the steps that will help you to successfully form an LLC. In particular, we will talk about the very first step towards forming a Delaware LLC which is the Delaware business entity search. Before starting, you must know how Delaware could be a very strong state to start your LLC.
The state is very business-friendly with its laws being updated regularly with corporate lawyer’s consultation. The Delaware courts also involve them efficiently to resolve business issues between companies. The tax benefits provide flexibility to LLC’s. Our motive here is to help businesses understand how to perform an entity search to start the LLC formation procedure smoothly.
Delaware Business Entity Search
If you are looking to form an LLC in Delaware then you must start with the Delaware business entity search. This process is crucial to start with, you must select a name for your LLC that is unique from all other LLC’s. The Delaware secretary of state allows LLCs to perform a search and find a name for themself while letting them know what names are already taken. After the Delaware secretary of state business search is performed, you must register your desired name as soon as possible. The alternative to this is to reserve your LLC name upto a certain period of time so that no other LLC can take the name in the meantime. Before you start performing the search, you must know the guidelines within which you must select your LLC name.
Delaware LLC Naming Guidelines
The Delaware secretary of state has imposed naming guidelines for LLCs. Any and every LLC formed in Delaware must choose their name following these guidelines.
- The abbreviation LLC, L.L.C. or the words “Limited Liability Company” must be included.
- A comma could also be included by is not compulsory. Many LLC does not prefer it. If you do use it, you can use it before the designation “LLC.”
- If your LLC name includes foreign words, the translation must be included in the application while filing the name.
The above guidelines were what should be included now we will focus on what must not be included to make your LLC name valid under the Delaware SOS.
- Any word that indicates your LLC is a bank can not be included unless you have the approval from Delaware Banking Commission.
- All words that the Delaware Secretary of State deems racist or objectionable.
Delaware Business Entity Search Methods
Understanding the name search process can be crucial to quickly complete your LLC formation. Finding the desired name for your LLC is always an important step. You can perform the Delaware secretary of state business search in two ways. One is to perform the search by name and the other is to perform the search by using the file number. Both methods can be useful. We will get into the details of both processes below.
1. Delaware SOS Business Search by Name
To start the process, you must visit the Delaware secretary of state website.
1. Upon opening the website, you will find the search by name option on your left as shown in the image.
2. Type in your desired name and press enter
3. You will then be shown a list of names of the existing LLCs.
4. This will give you an idea of whether your desired name is available or not.
5. In case, you wish to further look into the details of a particular LLC, you can click on the name. The image shows the kind of information, you may get access to.
6. Additional information can also be accessed but with a fee of $10 or $20.
2. Delaware SOS Business Search by File Number
This is just another method of performing the Delaware business entity search. So, this too needs to be done by visiting the Delaware SOS website.
1. If you are aware of the file number instead of the name, enter it in the right blank and click search.
2. The same process but no file number is the same for any two LLCs. Hence you will not get a list, instead, you will directly get that particular LLC details.
3. If you need access to more information, you must pay $10 or $20.
These are the two ways you can perform the Delaware business entity search. If you are now able to find your desired LLC name, then you must move forward to registering your name before anyone else.
Reserve Your LLC Name
It is not always the case, that you find your desired name on the first go. Therefore, you are forced to choose another name for your LLC. Now, if you are still not sure of your name and would like to continue the Delaware business entity search, there is always an option to reserve the LLC name. If in case you find a name that is not your priority but you may choose it if there are no other options, you should look to reserving that name. It will always keep one of the options open for you.
Register Your LLC Name
The most important point is to register your LLC after the Delaware business entity search. You can download the form from the official website. Registration is important for the LLC to be in the database of the Delaware secretary of state. Once you are in the database, no one can take your name to form their LLC. Hence registration is a very important step to forming your LLC. You can then move forward with other steps to complete your LLC formation under your desired name.
Domain & Trademark
A domain name is also a very important element in today’s business. Everyone expects your domain name to be the same as your company name. It makes it easier to remember. Therefore domain name is also something you must consider before registering your Delaware LLC. Coming onto a trademark, a trademark identifies a brand or an LLC. You must not violate anyone’s trademark or else it could lead to a certain penalty.
Frequently Asked Questions
No, you do not need to live in Delaware to form a Delaware LLC. All you will need is a registered agent from that state to file a Delaware LLC.
Yes, legally it is possible for an LLC to be an owner of another LLC.
No, it is not compulsory to have an attorney but it is always recommended to hire a registered agent to make the filing process simpler and smooth.
Yes, you can change your registered agent at any point of time. You will need to fill up a certificate of amendment for changing your agent.
Yes you can reserve or register your LLC name online from the Delaware secretary of state official website.
If you are having trouble completing the certificate of amendment then you can give a call at (302) 739-3073 and solve your queries. 1. Do I have to live in Delaware to incorporate Delaware LLC?
2. Can an LLC own another LLC?
3. Is an attorney required to incorporate an LLC?
4. Can I change my registered agent?
5. Can I reserve my LLC name online?
6. What do I do if I have queries while filing certificate of amendment?