Delaware Foreign LLC

If you’re looking to expand your LLC to Delaware, then you’ll need to register as a foreign LLC with the Delaware Division of Corporations. To do this, you’ll have to submit a Certificate of Registration of a Foreign LLC form and pay a filing fee.

Keep reading for the lowdown on registering your foreign LLC in Delaware. Or, if you’d rather skip the hassle, you can hire us to form your foreign LLC for you.

What’s a Delaware Foreign LLC?

Though it may sound confusing, “foreign LLC” in this context typically means an LLC that was formed in another state. So if you’re a sandwich shop owner in South Jersey looking to expand to Wilmington, you need to register a foreign LLC in Delaware first.

How to Register a Foreign LLC in Delaware

Here are the steps to getting your Delaware foreign LLC registered in Delaware.

Step 1: Search For Business Name

First, you’ll want to make sure the business name you’re using out of state is available to use in Delaware. A Delaware business name search can provide some answers.

If someone is already using either your exact business name or something confusingly close, you’ll need to get a DBA for your Delaware business.

Step 2: Obtain Certificate of Existence

Next up, you’ll need to obtain a Certificate of Existence (sometimes known as a Certificate of Good Standing) from your home state, aka the state where you first formed your LLC. These certificates let Delaware know that you’re properly registered and paying the necessary fees in the state where you formed your LLC.

Most of the time, you’ll get your Certificate of Existence from the Secretary of State’s office. But in some cases, it may come from the Division of Corporations, State Corporations Commission, or some other department with a similar name.

One more thing: Don’t get it too soon in the process, because Delaware requires that your Certificate of Existence be no more than six months old when you submit it the state.

Step 3: Get a Registered Agent

Delaware requires you to have a registered agent, aka someone who can accept your legal mail (including notices that your LLC is being sued). The agent must also accept the mail from a physical office within Delaware, so you can’t use someone out of state.

If you hire us to act as your Delaware registered agent, we’ll accept your legal mail at our office in Dover, then upload it to your online account immediately so you can view it. We also offer privacy and stability that our national competitors simply can’t match. Other registered agent services will charge you a low registered agent fee the first year before jacking it up in subsequent years. But when you go with us, you’ll pay $50 a year for registered agent service as long as you’re a customer.

Step 4: Complete Certificate of Registration of a Foreign LLC

Next up, it’s time to fill out a Certificate of Registration of a Foreign LLC. The name is a mouthful, but the form itself is simple enough. You’ll need to include things like your business name, the state or jurisdiction where it was formed, and your registered agent’s name and contact information. You must also include a $200 filing fee.

In addition, Delaware requires you to include a filing cover memo when you submit your paperwork.

Step 5: Receive Qualification Papers and Apply for Business License

If everything looks right, Delaware will approve your paperwork and give you a filed copy of your submission to certify that you’re good to go.

But you aren’t in the clear just yet. You’ll almost certainly need to obtain a Delaware business license before you can begin operations in the state.

Frequently Asked Questions

How do I file my foreign LLC qualification certificate?

You can send it by mail with payment to the following address: