LLC Filing Fee in Delaware

by Joe Stone

Filing fees for a Delaware limited liability company, or LLC, are required when submitting documents to the Delaware Division of Corporations. The fees will vary significantly depending on the whether the document will be processed in the normal course of business or on an expedited basis. The required fee must be paid when the documents are submitted.

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Name Reservation

The first fee applicable to a Delaware LLC is a name reservation fee. Although this is an optional step in the formation process, it is prudent to reserve an LLC name if there will be a time lag between verifying the name's availability and the filing of the articles of organization. The fee is $75, as of December 2010, and is paid when submitting an application for name reservation (see Resources). The name can be reserved for 120 days and can be renewed if necessary.

Articles of Organization

A Delaware LLC is formed by filing a certificate of formation of a limited liability company with the Division of Corporations (see Resources). As of December 2010, the filing fee is $90, which will entitle the LLC to receive one conformed stamped copy of the document back from the Division of Corporations. Additional certified copies of the document cost $50 per copy.

Subsequent Filings

A Delaware LLC typically must file documents subsequent to its formation, particularly if there is a change in the LLC's information such as the name or address of the LLC's registered agent. A subsequent filling may also be required to amend or correct an LLC’s articles of corporation. All such filings must be accompanied by a fee, which is specified in the fee schedule for LLCs that is prepared by the Division of Corporations.

Document Processing and Expedited Services

Assuming an LLC document is submitted in appropriate form with the necessary fee, the Division of Corporations estimates that the document will be processed within 10 to 15 business days. This estimate does not apply to the months of June and December when document processing takes longer due to a higher volume of filings. During any time of the year, the Division of Corporations will provide expedited filing services for any document for payment of an additional fee. As of December 2010, the expedited filing fees range from $50 to $100 for next day service to $100 to $200 for same day service, with two-hour service available for $500 and one-hour service for $1,000.