Why Form a Limited Liability Company in Delaware?

  • Delaware has maintained a preeminent position with its Limited Liability Company stature.
  • Delaware law does not require that the name of any member of the LLC be disclosed publicly.
  • The LLC Agreement or Operating Agreement is a private document and not filed with the state.
  • Unlike other states, single member LLC’s are permitted.
  • The creation of your LLC may be your only contact with Delaware.  Delaware does not require you to have any meetings in the state nor are you ever required to visit Delaware (however it is a beautiful state and we urge you to visit us).
  • A Delaware operating agreement may contain provisions which limit or eliminate fiduciary duties, deny voting rights to some members and may also exculpate members and managers from personal liability and may permit indemnification.  Delaware permits maximum flexibility in drafting operating agreements.

If you do not know the type of company you want to form, click here for important information about types of companies and about federal tax considerations before proceeding.