LLC Questions Archives - IncNow https://www.incnow.com/blog/faq-category/llc-faq/ Delaware LLC Incorporation Services Thu, 22 May 2025 16:23:43 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 What are the annual costs associated with a Florida LLC? https://www.incnow.com/faq/annual-costs-associated-florida-llc/ Sat, 19 Oct 2013 03:12:16 +0000 http://www.incnow.com/?post_type=faq&p=1037 If you’re interested in incorporating in Florida, you’ll likely wonder what Florida LLC annual costs may be. It is considered relatively inexpensive to form an LLC in Florida, but there are some costs to be aware of. Here’s what you need to know. What Is the Price of Forming a Florida LLC? Florida’s Secretary of […]

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If you’re interested in incorporating in Florida, you’ll likely wonder what Florida LLC annual costs may be. It is considered relatively inexpensive to form an LLC in Florida, but there are some costs to be aware of. Here’s what you need to know.

What Is the Price of Forming a Florida LLC?

Florida’s Secretary of State charges a $125 state filing fee to form an LLC. They also charge annual fees to keep that LLC in good standing. That cost is $138.75 payable to the Florida Secretary of State. Each Florida LLC must also appoint a registered agent. If you are not located in Florida, you will be required to have a third party serve as the company’s registered agent, such as a commercial registered agent service. Often it is convenient to have a registered agent, because they can handle the formation agent paperwork for a nominal additional fee and be available to receive service of process if your company is served service of process, such as a summons and complaint or a subpoena.

Initial Costs to Form a Florida LLC

There are a few basic fees associated with forming a Florida LLC:

  • $125 Florida State Filing Fee, to file the Articles of Organization
  • Fees due to your registered agent to form the LLC and draft the Operating Agreement

Florida LLC Annual Costs

After formation, there are two annual costs to maintain a Florida LLC: an annual report fee and a registered agent payment.

The annual report fee for a Florida LLC is $138.75 (Florida corporations are $150) due annually between January 1st and May 1st. A late fee of $400 is applied by the state if the fee is not paid by May 1st.

The registered agent fee is $99 which is due annually on receipt, but no later than January 1st beginning the year after formation.*

*If a company is formed after July 1st, your registered agent fee includes the remainder of the year and the following year.

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Are the names of members and managers of a Nevada LLC public record? https://www.incnow.com/faq/names-members-managers-nevada-llc-public-record/ Tue, 15 Oct 2013 20:44:51 +0000 http://www.incnow.com/?post_type=faq&p=745 Yes and no. Nevada does not require members to be listed in a public record. However, Nevada requires that managers or managing members be listed. Non-managing members do not need to be listed. Within thirty days of filing the Articles of Organization with the Nevada Secretary of State, a Nevada LLC must submit a list […]

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Yes and no. Nevada does not require members to be listed in a public record. However, Nevada requires that managers or managing members be listed. Non-managing members do not need to be listed. Within thirty days of filing the Articles of Organization with the Nevada Secretary of State, a Nevada LLC must submit a list of the LLC‘s managers or managing members (the names of the LLC’s managers are also listed in the Articles of Organization). The names of managers or managing members will be available for public access via the Nevada Secretary of State website, and must be annually revised and submitted to the Nevada Secretary of State.

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Are Nevada LLCs able to do business in other states? https://www.incnow.com/faq/nevada-llcs-able-business-states/ Fri, 11 Oct 2013 15:56:38 +0000 http://www.incnow.com/?post_type=faq&p=688 Yes. Nevada LLCs are constitutionally permitted to do business in every state in the US. However, no matter which state a Nevada LLC does business in, its internal affairs are governed by Nevada state law. In order to do business in other states, Nevada LLCs must apply to the Secretary of State (in that state) for a […]

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Yes. Nevada LLCs are constitutionally permitted to do business in every state in the US. However, no matter which state a Nevada LLC does business in, its internal affairs are governed by Nevada state law. In order to do business in other states, Nevada LLCs must apply to the Secretary of State (in that state) for a Certificate of Authority, which grants permission to conduct business activity and hire employees.

Nevada LLCs may also conduct business in nearly every country. Nevada LLCs that do business in other countries should go on record with those countries through the registration process required in those countries. Frequently, the countries require document legalization or an Apostille if the country has signed the Hague Treaty. Nevada LLCs may not operate in prohibited countries listed with the U.S. Office of Foreign Asset control.

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What are the Annual Costs Associated with a Delaware LLC? https://www.incnow.com/faq/annual-costs-associated-delaware-llc/ Mon, 16 Sep 2013 20:20:33 +0000 http://www.incnow.com/?post_type=faq&p=451 Business owners are understandably curious what it costs to maintain a Delaware LLC after the formation. There are two annual costs or fees associated with keeping a Delaware LLC in “Good Standing”. The first is Delaware Franchise Tax, which is $300 due annually on June 1st. It is first due the calendar year after your […]

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Business owners are understandably curious what it costs to maintain a Delaware LLC after the formation.

There are two annual costs or fees associated with keeping a Delaware LLC in “Good Standing”. The first is Delaware Franchise Tax, which is $300 due annually on June 1st. It is first due the calendar year after your LLC is formed. The franchise tax is a flat rate required to keep the entity active in Delaware. Failure to pay on time results in a late fee that accrues interest, and the entity ceases being in Good Standing. Should the entity fall three years behind on the franchise tax the state will void the entity and render it inactive.

The second cost is a Registered Agent (“R.A.”) fee. The IncNow® fee of $109 is due annually on January 1st. This fee begins the year following the date of formation.* A Registered Agent is required by the state, and failure to maintain one can result in the entity going inactive with the state.

*If an LLC is formed after July 1st, IncNow will waive your Registered Agent fee for the remainder of the year, and the Registered Agent fee you pay upon formation covers the following calendar year.

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How Can I Do a Delaware LLC Name Search? https://www.incnow.com/faq/delaware-llc-name-search/ Mon, 16 Sep 2013 20:19:49 +0000 http://www.incnow.com/?post_type=faq&p=449 IncNow® (Agents and Corporations, Inc.) provides two easy ways to discover the availability of a Delaware LLC or Corporation name. The first way is to submit an order to IncNow and we will check the name that business day. The second way is to call us at 1-800-759-2248 or email agents@incnow.com, where a representative can […]

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IncNow® (Agents and Corporations, Inc.) provides two easy ways to discover the availability of a Delaware LLC or Corporation name.

The first way is to submit an order to IncNow and we will check the name that business day.

The second way is to call us at 1-800-759-2248 or email agents@incnow.com, where a representative can check the availability of a desired entity name at no charge.

Doing a Delaware LLC Search Online Can Be Misleading

Checking the State of Delaware’s website for availability can be misleading because the business search tool shows former names that are no longer conflicts but does not display some names which may pose conflicts, for example when the corporate ending is different.  An IncNow representative will have additional information to what is available on the state’s website and can use their experience to give you the most accurate information about name availability.

You Don’t Need to Reserve a Name to Search for It

You can use the “name reservation” tool at corp.delaware.gov to confirm availability. However, we do not believe it is usually necessary because it costs $75 and it would be easier and ultimately cheaper to just file the company to see if the name is available.

Delaware LLC Name Requirements

Title 6, Section 18-102 of the Delaware Code sets forth the requirements of LLC names in Delaware. The main requirement is that the name contains “LLC,” “L.L.C.,” or “limited liability company. The section also states that an LLC name may contain the following words: “Company,” “Association,” “Club,” “Foundation,” “Fund,” “Institute,” “Society,” “Union,” “Syndicate,” “Limited” or “Trust”. Beyond those rules, the code does not set forth any further explicit requirements or limitations on LLC names. In general, most names are accepted by Delaware if they are not already taken or directly conflict with another type of entity. However, the Secretary of State will enforce certain policies and departmental rules for naming. Names that could be interpreted as obscene are typically rejected. Company names that contain the names of drugs are also rejected. Beyond those rules, IncNow can provide guidance on whether your proposed name will be approved.

 

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Do I Need an LLC Bank Account? https://www.incnow.com/faq/can-help-open-bank-account-form-llc/ Mon, 16 Sep 2013 20:18:55 +0000 http://www.incnow.com/?post_type=faq&p=447 IncNow® (Agents and Corporations, Inc.) offers incorporation and formation filing services, Registered Agent services, qualification services, and many others. However, under the Patriot Act we cannot open bank accounts for customers. Can You Help Me Open a Bank Account for My LLC? If you locate a bank, we can work with you to help you […]

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IncNow® (Agents and Corporations, Inc.) offers incorporation and formation filing services, Registered Agent services, qualification services, and many others. However, under the Patriot Act we cannot open bank accounts for customers.

Can You Help Me Open a Bank Account for My LLC?

If you locate a bank, we can work with you to help you obtain any additional documents required, which may include a Statement of Organizer or EIN. If you need a referral for a specific bank in Delaware, we can also provide referrals. We cannot act as an intermediary because of federal “know your customer” banking laws.

Our customers find that opening a bank account after forming a company with us is normally remarkably easy. We expect opening a bank account for you would be just as easy. You may also consider advantages of opening a Delaware bank account. This can include additional creditor protection based on a Delaware special exception that protects bank accounts from attachment by most types of creditors. Once an account is opened in Delaware, you can use the local branches where you are located for everyday banking and still have the protection of Delaware law. If however you open an account in your home state that state’s laws will apply to the bank account.

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How to Find the Members of an LLC https://www.incnow.com/faq/names-members-managers-llc-public-record/ Mon, 16 Sep 2013 20:17:29 +0000 http://www.incnow.com/?post_type=faq&p=443 When filing in Delaware, neither the member nor manager’s name or address are required in any initial filing documents. The members are not listed on the Delaware Division of Corporations’ website as they are in some other states. The names and contact information of members are typically only kept in the Operating Agreement, which is […]

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When filing in Delaware, neither the member nor manager’s name or address are required in any initial filing documents. The members are not listed on the Delaware Division of Corporations’ website as they are in some other states. The names and contact information of members are typically only kept in the Operating Agreement, which is not publicly filed.

Can You Find the Members of an LLC Online?

No, the members of an LLC cannot be found on its public filings unless the members choose to include them on the Certificate of Formation or other state filings. Delaware only requires an LLC to include the name of the LLC and the name and address of its Delaware Registered Agent on the Certificate of Formation, which will be available to the public. Since Delaware LLCs are not required to file annual reports, the state does not receive owner or manager information on a recurring basis either.

The formation service will designate an authorized person or organizer in the office, who will sign the initial filing document, rather than a member or manager of the LLC. The Registered Agent, such as Agents and Corporations, Inc. (IncNow®), is required to maintain a contact person’s name, address, and phone number, which is available to assist in government investigations and is subject to subpoena in discovery during a pending lawsuit.

When you submit your order to us, the order form information is for our records and will not be part of the incorporation filing (unless you request us to list the member or manager’s name) on the formation document.

In Delaware, the annual franchise tax payment also does not require member or manager information. Delaware only requires a payment to keep the company in Good Standing, not an annual report filing. If you do not want to pay the state directly and provide it your name, address, and credit card number, you can have IncNow pay LLC franchise tax through this page. This way you do not disclose your name or private credit card details to the State of Delaware directly.

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What is the Best State to Form an LLC? https://www.incnow.com/faq/state-use-form-llc/ Mon, 16 Sep 2013 20:16:26 +0000 http://www.incnow.com/?post_type=faq&p=440 Delaware is the most popular state to form an LLC for people who shop around different states looking for the best state. Nine of ten LLCs formed by Agents and Corporations, Inc. (IncNow®) are formed in Delaware. Agents and Corporations makes the Delaware LLC formation process easy and offers reliable Registered Agent services. Why Delaware […]

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Delaware is the most popular state to form an LLC for people who shop around different states looking for the best state. Nine of ten LLCs formed by Agents and Corporations, Inc. (IncNow®) are formed in Delaware. Agents and Corporations makes the Delaware LLC formation process easy and offers reliable Registered Agent services.

Why Delaware Is Considered the Best State to Form an LLC

Generally, if you want the strongest protection, you should form your LLC in Delaware.

The Delaware LLC is easy to maintain and allows for members to choose how the LLC is taxed.  Delaware’s reputation of protecting business owners from creditors is widely known by businesses of all sizes. Delaware also protects managers from member lawsuits because Delaware protects virtually all business decisions, provided the decision is not self-dealing.

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Are Delaware LLCs Able to do Business in Other States? https://www.incnow.com/faq/delaware-llcs-able-business-states/ Mon, 16 Sep 2013 20:15:40 +0000 http://www.incnow.com/?post_type=faq&p=438 Yes, you are allowed to operate a Delaware LLC for any legal business in every state in the USA. Under the US Constitution, your Delaware LLC is viewed as a legal “person” and other states cannot discriminate against this “person” based on where he/she/it was born or incorporated. This is protected under the full faith […]

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Yes, you are allowed to operate a Delaware LLC for any legal business in every state in the USA. Under the US Constitution, your Delaware LLC is viewed as a legal “person” and other states cannot discriminate against this “person” based on where he/she/it was born or incorporated. This is protected under the full faith and credit clause, equal protection clause, and/or substantive due process clause. Additionally, if your company has a physical place of business, employees, assets, or licensing pertaining to another state, then the state where you operate and have significant contacts may require you register there with a Certificate of Authority, letting the headquarter and significant operations states know you are doing business there. This allows you to bring and defend a lawsuit in that state. This registration does not change the incorporation state, it is only a registry of “foreign” or out-of-state companies, in case someone needs to sue your company in its principal place of business.

Agents and Corporations (IncNow®) offers this “foreign qualification” service to LLCs in every state and can help you register your Delaware LLC to do business outside Delaware.

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Can My Delaware Corporation or LLC do Business in Other States? https://www.incnow.com/faq/can-delaware-corporation-llc-business-states/ Mon, 16 Sep 2013 20:00:39 +0000 http://www.incnow.com/?post_type=faq&p=432 Yes, Delaware Corporations and LLCs can qualify to do business in all 50 states and in foreign countries. To qualify to do business in other states, you will have to apply to the state government. Usually, this involves applying to the Secretary of State for a Certificate of Qualification, although who you apply to and […]

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Yes, Delaware Corporations and LLCs can qualify to do business in all 50 states and in foreign countries. To qualify to do business in other states, you will have to apply to the state government. Usually, this involves applying to the Secretary of State for a Certificate of Qualification, although who you apply to and the name of the document differs between states.

Most states have similar requirements for qualification, such as having a name that is distinguishable from other entities in the state, and providing formation and Good Standing documents from the state of incorporation. Incnow® can provide these documents for Delaware companies.

Other states often have substantial penalties for doing business in their state without qualifying to do business there. This can be avoided by researching the state in question’s definition of business and making sure that your corporation or LLC qualifies if it needs to do so. Because these penalties can be higher than the cost of qualifying to do business, it is wise to qualify in states even if you are unsure that your activities qualify as “business.”

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