Change Delaware LLC address
To change the address of a Delaware LLC, you will need to file a Certificate of Amendment with the Delaware Division of Corporations and file separately with the IRS.
Official Delaware form to change LLC address
Complete this form and mail it to the Delaware Division of Corporations to change the LLC's business address
Mail form
What is an LLC?
Limited Liability Company
LLC is a business entity in the U.S that provides limited liability to its members. It has characteristics from both corporation and sole proprietorship. LLCs are permitted under State statutes of each US state.
Limited liability
Personal assets are protected for people with limited liability when they are sued.
Corporation
A business entity that can issue shares and give limited liability to shareholders.
Members
Owners of an LLC are referred to as members. They own membership interest in the LLC.
Sole proprietorship
Where an individual engages in business activity without formal organization.
Types of LLC
Depends on the number of members and whether it has elected to change its IRS classification.
Single-member LLC
Has only a single member. IRS considers it as a sole proprietorship for tax purposes.
LLC as C-corp
Owners of an LLC are referred to as members. They own membership interest in the LLC.
Multi-member LLC
Has two members. IRS considers it as a partnership for tax purposes.
LLC as S-corp
A special election for a maximum of 100 US shareholders.
Actions
Follow step-by-step instructions
How to change an LLC's principal address in Delaware?
Check the steps below:
1. Select a new address
If you are thinking of changing the address, you must have already decided on the new address. Whether it is your home, new office, or even an address provider, make sure you have the new address ready before you proceed with changing the LLC address.
Ensure you are able to receive mail at the new address. Though this address is not where service of process documents are served, it is important to have a mail handling facility at this address.
2. File a certificate of amendment
Fill and file a Certificate of Amendment with the Delaware Division of Corporations to change your Delaware LLC address. Before submitting the form, you will also have to create a cover letter (it's not in the form).
Filing fees
Address
Delaware Division of Corporations,
401 Federal Street – Suite 4
Dover, DE 19901
Ph: 302-739-3073
3. File Form 8822-B with IRS
Apart from filing the address change with the respective state. You will also need to file with the IRS, to notify them of the change of address. Using Form 8822-B.
4. Update your operating agreement
Change the address mentioned in the operating agreement to reflect the newly updated address.
5. Update state and federal government records
If there are government documents where you had to submit LLC address, make sure you update them.
6. Update your business contacts
Inform your banks, suppliers, partners, customers, privacy policies, and other legal documents.
Registered agent
A registered agent is an agent of your LLC on whom any notice, process or demand may be served. Every LLC in Delaware needs to have a registered agent located in the state.
Requirements
According to Delaware Code title 6 § 18-104:
- 1
Registered agent can be an individual or an authorised organisation.
- 2
Registered agent must have a street address where they can personally receive service of process.
- 3
Office of Registered agent cannot be just a mailbox service of a telephone answering service.
- 4
Registered agent must give a documented consent to serve as your LLC's agent
Form
Failure to maintain registered agent
If you fail to maintain a registered agent, the formation document shall be cancelled after the 30 days notice period.
Certificate of Formation
In Delaware, Certificate of Formation is the form you file with the Secretary of State to form an LLC. It contains the articles of formation for the LLC.
Filing Certificate of Formation
There are a couple of ways to file
Address
Delaware Division of Corporations
401 Federal St.
Suite 4
Dover, DE 19901
Online fee
$90
Online processing time
2 weeks
Mailing fee
$90
Mail processing time
2 weeks
Note
The mailed filings should be include a cover sheet.
Entity name
Every LLC should have a unique name in Delaware. Delaware maintains a list of names of entities in the state. Go through it to check if your chosen name is available.
Search for names
Go to the official website of the Delaware business entity search tool to see if the name you want is available.
Searching fee
Free
Reservation
You can reserve a name for your LLC for a specific duration by paying reservation fees to the Delaware division of corporations. You will have to file your LLC formation documents within this period to keep the name. Alternatively, you can directly go ahead with the LLC formation without any reservation. That's fine too.
Reservation fee
$75
Reservation period
120 days
LLC naming guidelines
The name you choose for your LLC must the official naming guidelines.
DC §18-102
Visit
Here are some of the guidelines in simple language:
- 1
Shall contain the words "Limited Liability Company" or the abbreviation "L.L.C." or the designation "LLC".
- 2
Don’t include terms that indicate that you are doing an activity that you are not authorised to do.
- 3
Your name should be ‘distinguishable’ in the Secretary of State records. Adding a punctuation or ‘the’ does not make it distinguishable.
- 4
Don’t use words that makes it seems like you are a governmental entity or has an affiliation.
Frequently asked questions
Related steps in Delaware
There are other actions you can perform in your Delaware LLC. See the pages for more details.
Delaware LLC add member
Delaware LLC remove member
Delaware LLC change name