Moving your LLC to Delaware is relatively simple, thanks to a process known as domestication. Here’s what you need to know:
Can I move my LLC to Delaware?
Absolutely. There are a few different ways you can register your LLC in Delaware, including:
- Dissolution / formation – This is the most straightforward process, as you would simply dissolve your LLC in its current state of domicile (i.e. where it was formed), then setup a brand new Delaware LLC.
- Foreign registration – If you plan to continue doing business in your current state, you might consider registering your company as a foreign LLC in Delaware.
- Domestication – Domestication is the state-assisted process of transferring a company’s registration from one state to another. In Delaware, “domestication” is known as “conversion.”
Though domestication is often the most streamlined way to move an LLC from one state to another, you’ll have to choose the method that works best for your business. If you have any questions specific to your LLC, it’s a good idea to consult a business attorney or CPA.
For more about foreign registration, see Northwest’s page: Register a Foreign LLC in Delaware.
What do I need to domesticate my LLC in Delaware?
To domesticate an LLC in Delaware, you’ll need to fill-out and file three forms:
- Filing Cover Memo
- Certificate of Conversion (make sure it’s specifically: “Non-DE LLC to DE LLC”)
- Certificate of Formation
All three documents should be submitted together, in the above order. The “filing cover memo” is simply a cover letter. You can create your own instead of using the state’s template, just make sure it includes your name, address and telephone number.
Where do I send my DE Certificate of Conversion?
Your cover memo, certificate of conversion and certificate of formation can be filed online using Delaware’s Document Upload Service. Alternatively, you can mail your LLC domestication papers to:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
What does it cost to domesticate a Delaware LLC?
You’ll have to pay a filing fee for both the certificate of conversion ($200) and the certificate of formation ($90), which means you’ll pay a minimum of $290 to domesticate your LLC in Delaware. If you need certified copies, you’ll have to pay an additional $50 per document, which will bring your overall total to $390.