Virginia Registration for a Delaware LLC
Business owners often form LLCs in Delaware in order to take advantage of Delaware’s sophisticated and superior corporate law structure. Delaware’s corporate law structure has been ranked first for a number of years based on its ability to provide the best protection for the members behind the LLC.
How To Start An LLC in Virginia with a Delaware LLC
When a business is incorporated in Delaware, your company is considered domestic to Delaware and foreign to every other state. To obtain the authority to operate in your home state with a Delaware LLC, the company must typically be registered in your home state as a foreign entity.
This process is called Foreign Qualification. It is the way in which your home state gives you permission, or authority, to operate your Delaware LLC in that state.
Each state has different requirements for Foreign Qualification. Virginia, like most states, has an application process and a state fee for Virginia registration for a Delaware LLC.
How to Register a Delaware LLC in Virginia
The state of Virginia also requires additional documentation from your Delaware LLC. In addition to the application process and state fee, Virginia requires a Certified Copy of the Certificate of Formation, including all amendments that may have been filed.
Once your Delaware LLC is registered as a foreign entity in Virginia, you will be responsible for Virginia’s annual fee, in order to remain in good standing. A foreign LLC operating in Virginia will pay an annual fee of $50 per year.
Please keep in mind that once you register your Delaware LLC as a foreign entity in Virginia, you will still be responsible for the Delaware Registered Agent Fee as well as Delaware Franchise Tax in order to remain in good standing in Delaware.
If you have any questions regarding Foreign Qualification for your Delaware LLC in Virginia, please feel free to contact us at 302-645-7400, Ext. 6130.
Is An Operating Agreement Required For An LLC in Virginia?
While operating agreements are not required for Virginia LLCs it is highly recommended you have one on file at all times. Operating agreements lay down the ground rules for how your business will function both in its everday operations and in its financial responsibilities. Having an operating agreement for an LLC tends to help ensure things run smootly.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.