You can form an LLC in any state by submitting all documentation required by state law and pay an initial filing fee. In most cases you can also choose to pay a further fee to reserve a business name in advance. Most states charge an LLC for amending essential information once the LLC is operating. Some states also require payment of an annual fee. All fees quoted are valid as of December 2010.
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Initial Filing Fee
In both Delaware and Wyoming, organizers must pay an initial filing fee to form an LLC. In Delaware, the cost is $90, while in Wyoming, it is $100. The Delaware Division of Corporations offers a same-day service for an additional fee of $100. Wyoming does not offer expedited services for LLCs.
Name-Checking and Reservation
Laws in both Delaware and Wyoming restrict the choice of name for LLCs. It’s important to ensure that the preferred name is distinguishable from that of any other business entity registered in the state. Both states have an online searching service for organizers to check this out in advance before ordering stationery and incurring other costs. An LLC may also reserve a name in advance for a period of 120 days in Delaware for a fee of $75. A similar service in Wyoming costs $50.
Change of Registered Agent
Each LLC registered in both Delaware and Wyoming must appoint and maintain a registered agent with an address in the state to receive service of process and other official documents. If the LLC changes its agent, it must by law appoint a new one and notify the state authorities using the appropriate documentation. In Wyoming, there is no fee for filing a statement of change of registered agent. In Delaware, the cost is $50.
LLCs in Wyoming must submit an annual report, due on the first day of the anniversary month of its formation. According to the filing fee schedule of Wyoming Business Division, the fee for filing an annual report is either $50, or is calculated at two-tenths of one mill on the dollar -- $.0002 -- based on the LLC’s assets located and employed in Wyoming. The greater amount must be paid. In Delaware, LLCs do file an annual report, but they must pay an annual tax of $250.
Certificate of Good Standing
Certain financial institutions require LLCs to obtain a certificate of good standing from the secretary of state. In Delaware, the fee for such a certificate is $50 for a short form or $175 for a long form. Wyoming does not charge for a certificate of good standing.