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Ask HN: Forming a Delaware LLC and registered agent

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Ask HN: Forming a Delaware LLC and registered agent

#1
I'm trying to form a Delaware LLC for a new software venture in which I'm the only shareholder. There are lots of services that do this, or I could file the forms myself, but Google search is entirely ineffective finding real recommendations on this topic (every result is an ad or blogspam). How did you form your LLC?

Re: Ask HN: Forming a Delaware LLC and registered agent

#3
Oh interesting - I haven’t formed an LLC in Delaware but recently formed one in Washington state.

You should check out Delaware state specific websites (probably a .gov) site for all of this stuff. That’s likely where you can file and pay for the whole process. They (the state) should be the primary source of truth for all process/legal information.

A quick search turns up https://onestop.delaware.gov/ as the “one stop” page for formation. Just do what they say - you’ll likely need the registered agent handled before filing for the LLC.

I’ve heard Delaware has “certain advantages” for business formation so not sure on the specifics there or what that means. Good luck - I’m sure others on here have Delaware specific advice

Edit: regarding registered agent - I pay a service to be mine and they also provide a Principal address for the business. If you can it’s probably best to be your own Registered Agent

Re: Ask HN: Forming a Delaware LLC and registered agent

#6

Oh interesting - I haven’t formed an LLC in Delaware but recently formed one in Washington state. You should check out Delaware state specific websites (probably a .gov) site for all of this stuff. That’s likely where you can file and pay for the whole process. They (the state) should be the primary source of truth for all process/legal information. A quick search turns up https://onestop.delaware.gov/ as the “one st…

Curious how you went about the WA LLC too — I lived there for a lot of my life and that was my other thought on states to incorporate in.

Re: Ask HN: Forming a Delaware LLC and registered agent

#7
If you live in the US and you're setting up an LLC just for yourself, it's cheaper & simpler to form the LLC in the same state in which you live, since a) you can act as your own registered agent, b) you'll still have to register with the state in which you live anyway, and c) it'll be easier to set up a bank account.

Delaware in particular can be more pricey than most states, since their infrastructure is oriented towards enabling third-party services (DelawareInc, IncNow, etc) instead of interacting directly with your business. Prepare to wait weeks for them to mail you copies of your documents unless you pay a third-party service to expedite.

The advantage of forming in Delaware is that there's lots and lots of settled business case law; but that's generally not relevant to a sole-proprietor LLC. (It is relevant, however, if you're forming a company with the aim of raising venture capital -- in which case you really want a Delaware C-Corp, not an LLC.)

Re: Ask HN: Forming a Delaware LLC and registered agent

#9
post #6

Oh interesting - I haven’t formed an LLC in Delaware but recently formed one in Washington state. You should check out Delaware state specific websites (probably a .gov) site for all of this stuff. That’s likely where you can file and pay for the whole process. They (the state) should be the primary source of truth for all process/legal information. A quick search turns up https://onestop.delaware.gov/ as the “one st…

Curious how you went about the WA LLC too — I lived there for a lot of my life and that was my other thought on states to incorporate in.

It was easy - I just filled out the forms and paid the gov what they want. Other comments mentioned services that file the LLC for you and that's valid - I chose to just do it "manually" through the .gov websites in WA. Not sure your background but I'm a WA resident so there wasn't any difficulty with stuff - my only caveat (since I rent my house and contractually cannot run a business from it) was the Registered Agent/Principal Address service. But a company can fulfill those roles and it's a non-issue.

Re: Ask HN: Forming a Delaware LLC and registered agent

#10

If you live in the US and you're setting up an LLC just for yourself, it's cheaper & simpler to form the LLC in the same state in which you live, since a) you can act as your own registered agent, b) you'll still have to register with the state in which you live anyway, and c) it'll be easier to set up a bank account. Delaware in particular can be more pricey than most states, since their infrastructure is oriented t…

Thanks for the background on pros/cons of Delaware businesses - knew it was notable for some things but never looked into it much.
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