Delaware LLC for Non-Residents
This page explains how non-U.S. residents can register a Limited Liability Company (LLC) in the state of Delaware, including administrative requirements, state-specific features, and ongoing compliance considerations.
Overview: Forming an LLC in Delaware
Delaware is a U.S. state in which many domestic and international founders register Limited Liability Companies. LLCs in Delaware are formed under Delaware state law and administered by the Delaware Division of Corporations.
As with all U.S. states, Delaware LLC formation is a state-level administrative process. Federal requirements apply separately.
Can a Non-U.S. Resident Form a Delaware LLC?
Yes. Delaware law does not require LLC owners (members) to be U.S. citizens or residents. Non-U.S. residents may form and own Delaware LLCs.
Physical presence in Delaware is not generally required to complete the administrative formation process.
Forming a Delaware LLC does not grant U.S. immigration status, work authorization, or residency rights.
Why Delaware Is Used by Some Non-Resident Founders
Delaware is often selected due to its long-established corporate framework and centralized company registry. The state is widely used by both U.S. and international companies.
This does not make Delaware universally suitable. State selection depends on the specific circumstances of each business.
- Centralized state-level company registry
- Established administrative framework for business entities
- Defined annual compliance structure
Delaware LLC Formation Requirements
Registered Agent
Delaware requires every LLC to maintain a registered agent with a physical address in the state.
Further explanation: What is a registered agent?
Certificate of Formation
To form a Delaware LLC, a Certificate of Formation must be filed with the Delaware Division of Corporations.
This document contains limited administrative information as required by state law.
Operating Agreement (Conceptual)
Delaware does not require LLCs to file an operating agreement with the state. Many LLCs nevertheless adopt one as an internal governance document.
Operating agreements involve legal considerations and are not part of the public registration record.
Employer Identification Number (EIN)
Most Delaware LLCs require an Employer Identification Number (EIN) for federal identification purposes.
Non-U.S. founders may request an EIN even without a U.S. Social Security Number.
Detailed explanation: EIN for non-U.S. founders
Ongoing Compliance for Delaware LLCs
Delaware LLCs are subject to ongoing state-level compliance requirements.
- Annual franchise tax obligations
- Maintaining an active registered agent
- Keeping registered information current
Federal compliance obligations apply separately.
Delaware vs Other States
Delaware is one of several states used by non-resident founders. Other commonly used states include Colorado and Wyoming.
No comparison or recommendation is implied. State suitability depends on individual circumstances.
Administrative Assistance with Delaware LLC Formation
Administrative assistance providers may support Delaware LLC formation by coordinating state filings, registered agent services, and EIN requests based on client-provided information.
This assistance is procedural and does not replace legal or tax advice.
For a broader overview of U.S. company registration, see: Registering a business in the United States as a non-resident
HelvetiaForm’s Administrative Role
HelvetiaForm provides administrative assistance for Delaware LLC registration and related compliance steps. Services are limited to documentation coordination and procedural support based on client instructions.
Information about HelvetiaForm’s Swiss base and operating principles: Swiss-based administrative assistance provider