When you form a Limited Liability Company (LLC) in Delaware, you are required to provide a registered office address. This address is the official location where legal documents, such as the service of process, can be delivered. As your business grows, you may find it necessary to change your Delaware LLC’s address for various reasons, such as moving to a larger space, expanding to multiple locations, or simply changing your Registered Agent.
Changing your LLC’s address in The First State may seem daunting, but with the right information and guidance, it can be a simple and straightforward process. In this article, we will walk you through the necessary steps to Change your Delaware LLC’s Address, ensuring that you remain compliant with Delaware regulations.
Webinarcare Editorial Team will help you easily change your Delaware LLC Address. You must be guided by all the factors gathered in this article.
Step-by-Step Guide on How to Change your Delaware LLC Address
To change your Delaware LLC address, you must follow the guidelines that include determining whether you need to change your LLC’s address, update your registered office address, update your principal place of business address, notify the IRS, and inform other relevant parties due to the amendment of your LLC address.
Step 1: Determine Whether You Need to Change Your LLC’s Address
Before you begin the process of changing your Delaware LLC’s address, it’s essential to determine whether a change is indeed necessary. In Delaware, there are two primary addresses associated with your LLC:
Registered Office Address
This is the official address where legal documents and official correspondence will be delivered. If you are moving your Delaware Business to a new location or changing your Registered Agent, you will need to update this address. Changing your Registered Agent is one of the reasons why you need to change your Delaware LLC address because a Registered Agent should have a primary address in the state your LLC is registered.
An example is having a Foreign LLC in Delaware, a Registered Agent should have the same address as your registered Foreign LLC.
Principal Place of Business Address
This is where your Delaware business operates. If you are moving your business, expanding to multiple locations, or changing your business structure, you must update this address.
In some cases, you may need to update both addresses. Be sure to evaluate your specific situation to determine which (if not both) addresses need to be updated.
Step 2: Update Your Registered Office Address
If you need to change your registered office address in Delaware, you will likely need to file an address change form with the Delaware Secretary of State. Below is an outline of the steps:
Obtain the Appropriate Form
Visit the Delaware Secretary of State‘s website to download the necessary form for changing your Delaware registered office address. This form may be called “Delaware Statement of Change of Registered Office” or something similar.
For you to update the registered office address, you need to have the following;
- Your Delaware LLC must obtain a Certificate of Good Standing from the Delaware Secretary of State, confirming that it has complied with all filing and tax obligations in the state of Delaware.
- Your Delaware LLC must conduct a name search on Delaware Division of Corporations Entity Search to ensure that its desired name is available for use in the state of Delaware. However, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application in the Delaware Secretary of State to keep the name.
You can register your business under a different legal name if your preferred name isn’t available. Once you have chosen a name, you can submit an application for a DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person for an easier way.
However, before filing a DBA, you should know that you need to renew your DBA up to Indefinite, which costs around $25.
- Your Delaware LLC should prepare and file the Articles of Domestication with the Delaware Secretary of State, providing information about its existing Delaware LLC, its desired Delaware LLC name, and its new registered office address in Delaware.
- Your Delaware LLC has designated a Registered Agent who has a physical address in Delaware and is available during regular business hours to receive legal and official documents on behalf of the LLC.
In Delaware, your Registered Agent must:
- Be a resident of Delaware or a business entity authorized to do business in Delaware
- Have a physical address in Delaware (P.O. boxes are not acceptable)
Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can have serious consequences for your business.
You can serve as your own Registered Agent or appoint a friend, family member, or professional Delaware Registered Agent Services.
Complete the Form
Carefully fill out the form, providing all required information, including your Delaware LLC’s name, current registered office address, and new registered office address. You may also be required to provide the name and address of your new Registered Agent if you are changing agents.
Submit the Form
Once the form is completed, please submit it to the Delaware Secretary of State, along with any required filing fees. You can usually submit your form online, by mail, or in person.
The fees in Delaware for this process are as follows:
- Certificate of Good Standing: The fee for obtaining a Certificate of Good Standing from the Delaware Secretary of State is $50 (domestic) or $100 (foreign).
- Articles of Domestication: The filing fee for Articles of Domestication with the Delaware Secretary of State is $200.00 for conversion.
- Dissolving your Delaware LLC: The fee for filing the Delaware Articles of Dissolution with the Delaware Secretary of State is $200.
Confirm the Change
After submitting your form and other required documents, you should receive a confirmation from the Delaware Secretary of State that your address change has been processed. Keep this confirmation as proof that you have updated your registered office address.
Step 3: Update Your Principal Place of Business Address
If you need to change your Delaware LLC’s principal place of business address in Delaware, you may need to update your business license or other permits, depending on your specific situation. Here are some general steps to follow:
- Contact Local Agencies: Contact the Delaware Secretary of State that issued your business licenses or permits to determine their specific requirements for changing your address. Depending on your business type and location, this may include city, county, or state agencies.
- Update your Licenses and Permits: Follow the instructions provided by the Delaware Secretary of State to update your business licenses and permits with your new principal place of business address.
- Keep Records: Retain copies of any updated Delaware licenses, permits, or other documents as proof that you have changed your principal place of business address. This may be necessary for future filings, audits, or compliance requirements.
Step 4: Notify the IRS of Your Address Change
In addition to updating your Delaware LLC’s address with the Delaware Secretary of State and local agencies, you should also notify the Internal Revenue Service (IRS) of your address change. To do this, follow these steps:
- Complete Form 8822-B: Download and complete IRS Form 8822-B, “Change of Address or Responsible Party – Business.” This form informs the IRS of your LLC’s new address.
- Mail the Form: Mail the completed Form 8822-B to the IRS at the address specified in the form’s instructions. There is no filing fee associated with this form.
- Update your EIN: If your Delaware LLC has an Employer Identification Number (EIN), you should also update the address associated with your EIN by contacting the IRS via phone, mail, or fax. The specific contact information and instructions can be found on the IRS website.
Step 5: Inform Other Relevant Parties of Your Address Change
To ensure that your Delaware LLC remains in good standing and that you continue to receive important correspondence, you should also inform the following parties of your address change:
- Banks and financial institutions
- Vendors and suppliers
- Customers and clients
- Utility providers
- Insurance companies
- Relevant industry associations or organizations
Can Form 882-B Be Used to Change the LLC Name?
Form 8822-B, titled “Change of Address or Responsible Party — Business,” informs the Internal Revenue Service (IRS) of an address change for a business or a change in the responsible party. It cannot be used to change the name of an LLC.
To change the name of Delaware LLC, you must follow the appropriate process in the state where your LLC is registered. This typically involves filing Articles of Amendment or a similar document with the Delaware Secretary of State or the relevant state agency. After the name change has been approved at the state level, you should inform the IRS by following the instructions on your tax return or by sending a signed letter to the IRS office where you filed your return.
What are the Best LLC Formation Services in Delaware?
If you’re planning to find an LLC formation service to help you with changing your Delaware LLC Address, you can look up the Best Delaware LLC Formation Services on this site.
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Changing your LLC’s address in Delaware can be relatively simple if you follow the above steps. By updating your registered office and principal place of business addresses, notifying the IRS, and informing other relevant parties, you can ensure that your LLC remains compliant with Delaware regulations and continues to operate smoothly.
Remember to keep records of all address changes and any updated licenses, permits, or other documents, as these may be necessary for future filings, audits, or other compliance requirements. And as always, consult with a legal or business professional if you have any questions or concerns about your situation.