Step-by-step foreign qualification requirements, fees, and filing instructions for California LLCs expanding into Delaware.
Before filing, verify that your LLC name (or a distinguishable variation) is available in Delaware. If your exact name is already taken, you may need to register under a fictitious or assumed name.
Search the business name register on the Delaware Secretary of State website before you file.
Delaware requires a Certificate of Status from California to prove your LLC is in good standing. The fee is $5. Available to order online. No expiration date; third parties typically require certificate dated within 30-90 days.
Order from California ↗Submit your application along with the Certificate of Status and the $200 filing fee. Processing time is Delaware publishes no standard turnaround and says so plainly: the Division of Corporations states that processing time for regular, non-expedited work varies with the volume of items received. The only durations it publishes are the four paid tiers, from next day at $50 to one hour at $1,000.. Expedited processing available for Priced per document and stacked on the filing fee. Next day is $50 to $100, same day is $100 to $200 and must be received by 2pm, two hour service is $500 with a 7pm cut-off, and one hour service is $1,000 with a 9pm cut-off.. Online filing is available.
Delaware filing portal ↗You must designate a registered agent with a physical address in Delaware to accept legal documents on behalf of your LLC. This is required as part of the foreign qualification application.
Registering after you already started doing business in Delaware? See the Delaware late-registration penalties for the back fees and fines that can apply.
Under 6 Del. C. Section 18-912, all 12 items. Delaware puts NO time limit on the isolated-transaction carve-out, unlike the 30 days used by most states. Delaware also has NO standalone safe harbor for simply owning property. Unique items: an equipment-installation carve-out and an insurance-company carve-out. Subsection (b) protects a person who is merely a member or manager. Subsection (c) disclaims service of process, taxation and regulation under other Delaware law.
A registered agent is required for foreign qualification. These services operate in all 50 states.
Get Northwest Registered Agent ↗Not sure which service fits? Our full Northwest Registered Agent review and Harbor Compliance review cover pricing, renewal terms, and where each one fits.
A virtual mailbox gives your LLC a professional address in Delaware for mail forwarding, public filings, and banking, without leasing office space.
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Use our free tool to check if you need to register in additional states.
This page provides general information based on publicly available state requirements. It is not legal advice. Verify all fees and requirements with the Delaware Secretary of State before filing.