How to File an Annual Report in Delaware 2024: A Step-by-Step Guide

Master the art of juggling business responsibilities in Delaware, also known as The First State! Keep your LLC thriving by filing an annual report in Delaware and remaining in good standing. Our comprehensive guide simplifies the process, helping you easily meet government regulations and maintain up-to-date records.

With LLCBase, learn the requirements, deadlines, and steps to complete this essential task successfully. Let’s embark on this pivotal aspect of your entrepreneurial journey and secure the ongoing success of your Delaware LLC in the dynamic Delaware business landscape.

File an Annual Report

On this page, you’ll learn about the following:

What is an Annual Report in Delaware
- Annual Report Required Information
Steps to Filing Your Annual Report in Delaware
When is an Annual Report Due in Delaware
Common Mistakes to Avoid
- Failing to File an Annual Report
Tips for Filing an Annual Report
Seek the Help of a Registered Agent
FAQs

What is an Annual Report in Delaware

The Delaware LLC annual report, or Statement of Information, is a document that every LLC registered in Delaware must file with the Secretary of State to update their business information. This includes the LLC’s name, address, registered agent, and manager/member information.

In Delaware, an LLC’s initial Statement of Information is due by Not required for LLCs of the formation of the LLC, and subsequent reports are due every 1 year year by the end of the month in which the LLC was formed.

The filing fee for a Delaware LLC annual report is currently $0 because it is not mandatory, and there is an additional $0 (not required) penalty for late filings.

Annual Report Required Information

Before you begin the filing process, gather all the necessary information about your LLC. This includes:

The name of your LLC
The Delaware Secretary of State file number
The mailing address of your LLC
The name and address of your registered agent in Delaware
The names and addresses of your LLC’s managers or members
A brief description of your LLC’s business activities
The principal office address of your LLC
Whether your LLC is member-managed or manager-managed
The Employer Identification Number (EIN) of your LLC, if applicable
The contact information of the person responsible for filing the annual report, such as their name, title, phone number, and email address
Any additional information or updates that have occurred since your last filings, such as changes in management structure or significant business developments

Preparing this information in advance will simplify completing and submitting your Delaware LLC annual report. When starting a business in Delaware, ensuring the accuracy and completeness of the information you provide is essential. Any errors or omissions may lead to delays in processing or potential penalties for non-compliance. Furthermore, maintaining up-to-date records of your LLC’s essential details will help you to stay organized and make future filings more manageable.

We’ve gathered the best LLC services in Delaware to help you out with filing your annual report. Check them out!

LLC Services	Rating & Pricing	Top Features	Learn More
#1 Editor's Choice	5/5 $0 + State Filing Fee	Free LLC Formation Various Legal Services Attorney Advice	Learn More
	3/5 $299 + State Filing Fee	Single Package Flat Pricing Legal Services	Learn More

Steps to Filing Your Annual Report in Delaware

Ready to tackle your annual report for your Delaware LLC? Just follow these step-by-step instructions, and you’ll have it done in no time – making sure your business stays compliant and up-to-date with ease!

Step 1: Fill Out the Annual Report Form

The Form LLCAR includes your LLC’s name, Delaware Secretary of State file number, mailing address, and principal office address. You must also provide the name and street address of your registered agent in Delaware, who will be responsible for receiving legal correspondence on behalf of your LLC.

Step 2: Provide the Names and Addresses

Depending on whether your LLC is member-managed or manager-managed, include the names and addresses of all relevant parties in the appropriate fields on the form.

Step 3: Description of Your LLC

Describe the primary purpose and nature of your LLC’s operations. Be concise, but ensure the description accurately reflects your business activities.

Step 4: Sign and Date the Form

If you are filing online, you will be prompted to sign the form electronically using an e-signature. For mail-in filings, print the completed form and sign it by hand. Ensure that the person signing the form has the proper authority, such as an LLC member or manager.

Step 5: Pay the Annual Report Filing Fee

You must pay the annual report filing fee. The fee is $0 because it is not mandatory. You can pay the fee online using a credit card or e-check. For mail-in filings, include a check or money order made payable to the “Secretary of State” with your completed form.

Step 6: Submit the Form

For online filings, click “Submit” on the Delaware Secretary of State’s online platform to complete the submission process. You will receive a confirmation of receipt upon successful submission. For mail-in filings, send the completed form and payment to the following address:

Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901

There are two ways to file your Delaware LLC annual report: online or by mail.

Online: Visit the Delaware Secretary of State‘s website. From there, click on “Limited Liability Company (LLC) Statements of Information.” Follow the prompts to file your annual report electronically. You can pay the filing fee using a credit card or an e-check.
By mail: If you prefer to file by mail, you can download the Form LLCAR form from the Delaware Secretary of State’s website. Complete the form, attach a check or money order for the $0 because it is not mandatory filing fee, and mail it to the address provided on the form.

It is essential to double-check all the information on the form before submitting it, as errors or inconsistencies may cause delays in processing or potential penalties.

Regardless of your chosen method, filing your Delaware LLC annual report on time is crucial to avoid penalties and maintain good standing with the state. Regularly reviewing and updating your LLC’s information ensures that you are prepared for future filings and helps you stay organized, allowing you to focus on growing your business.

When is an Annual Report Due in Delaware

The Delaware LLC annual report is due every 1 year by the end of the anniversary month of your LLC’s formation. Filing this report on time is crucial, as failure to do so can result in penalties and even the suspension or dissolution of your LLC.

The filing fee for a Delaware LLC annual report is $0 because it is not mandatory. If you file late, there is a $0 (not required) penalty in addition to the regular filing fee. Staying on top of your annual report filing is essential to avoid unnecessary penalties and maintain good standing with the state.

Recommended: Is your LLC’s annual report filing due in Delaware? Choose the best LLC service to make it a breeze! Sail through the process with their expertise, ensuring your business stays on the path to success! We recommend –
Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Common Mistakes to Avoid

Just a heads-up – we’ve noticed that many business owners tend to make these common mistakes when filing their annual reports. Keep an eye out to avoid them!

A. Late Filing

Filing your Statement of Information late can result in penalties and may jeopardize your LLC’s good standing with the state. Keep track of your filing deadlines and submit your report on time. A calendar or reminder system can help you stay on top of these deadlines and avoid late fees.

B. Incorrect or Missing Information

Incorrect or missing information can result in processing delays, rejection of your filing, or potential penalties for non-compliance.

Inaccurate Registered Agent Information: Your registered agent is responsible for receiving legal and tax documents for your LLC. Misleading registered agent information could result in missed notices and potential legal issues.
Incorrect Principal Office Address: Your LLC conducts business at the principal office address. Providing a correct address could lead to clarity and misdirected correspondence.
Incomplete or Inaccurate Member/Manager Information: Ensure all members’ or managers’ names and addresses are accurate and up-to-date. Only complete or accurate information can cause issues with the state and affect your LLC’s operations.
Not Updating Changes: If any changes occur within your LLC, such as a change in registered agent, office address, or member/manager information, it is crucial to update your Statement of Information accordingly.

C. Not Filing At All

Failing to file your Statement of Information can have severe consequences for your Delaware LLC, including suspension or forfeiture of your LLC status. In addition to these consequences, there are further complications that may arise:

Difficulty Obtaining Financing: Lenders may hesitate to provide financing to an LLC not in good standing with the state, which may indicate potential legal or financial issues.
Loss of Limited Liability Protection: One of the primary benefits of forming an LLC is the limited liability protection it provides its members. If your LLC loses its good standing, this protection may be at risk, leaving members personally liable for the LLC’s debts and obligations.
Challenges in Business Transactions: If your LLC is not in good standing, you may face challenges in conducting business transactions, such as entering into contracts or opening bank accounts.

To avoid these common mistakes and ensure your Delaware LLC’s continued success, stay organized, communicate with your registered agent, and stay informed about changes in state requirements. Regularly reviewing your LLC’s records and working with professionals, such as attorneys or accountants, can help you maintain compliance and avoid costly errors.

Recommended: Empower your Delaware LLC with confidence – partner with an LLC service for expert compliance support and guidance. Stay ahead of the curve and avoid pitfalls today! We recommend –
Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Failing to File an Annual Report

Failing to file your Delaware LLC annual report within the specified deadline can result in severe consequences for your business. Late fees may be imposed, and your LLC may face suspension or even dissolution by the state. It is essential to stay compliant by submitting your annual report on time and ensuring all information is accurate to maintain your LLC’s good standing and avoid these adverse outcomes.

A. Penalties

Missing the deadline for filing your Delaware LLC’s Statement of Information can result in a late filing penalty of $0 (not required) imposed by the Delaware Secretary of State. This penalty is in addition to the standard $0 because it is not mandatory filing fee and can be avoided by ensuring the timely submission of your annual report.

B. Suspension/Forfeiture of LLC Status

Failing to file your Statement of Information or comply with other state requirements can lead to suspending or forfeiting your Delaware LLC’s status. This means your LLC loses its good standing and becomes ineligible to conduct business in the state, which can have significant legal and financial consequences.

C. Reinstatement Process

If your LLC has been suspended or forfeited due to non-compliance, you can take steps to reinstate it. The reinstatement process typically involves the following:

Filing all past due Statements of Information, ensuring that all required information is accurate and up to date.
Paying any outstanding penalties, including late filing fees and any other fines that may have been imposed.
Submitting a completed Application for Revivor form to the Delaware Secretary of State and any required supporting documentation.
Resolving any outstanding tax obligations with the Delaware Delaware Division of Revenue.

Once you have fulfilled these requirements, the Delaware Secretary of State will review your reinstatement application. If approved, your LLC will be restored to good standing and regain its ability to conduct business in the state. Remember, maintaining compliance by submitting your annual reports on time and addressing any issues promptly is always more efficient and cost-effective.

Tips for Filing an Annual Report

File early: To avoid late fees and possible suspension or dissolution of your LLC, file your annual report well before the due date.
Double-check your information: Ensure that all the information you provide on the form is accurate and current to avoid processing delays or rejection of your filing.
Keep a copy: Whether you file online or by mail, keep a copy of the completed form and proof of payment for your records.
Set a reminder: To ensure you can attend the filing deadline in the future, set a reminder for yourself to file your Delaware LLC annual report each year.
Utilize online resources: The Delaware Secretary of State’s website provides valuable information, forms, and guidelines for filing your annual report. Familiarize yourself with the site to ensure you follow the correct procedures and use the proper forms.
Update your records regularly: Throughout the year, keep your LLC’s records updated, including any changes in management, addresses, or business activities. This makes filing your annual report easier and helps maintain accurate records for your business.
Verify your registered agent information: Make sure the registered agent’s name and address are current, as they are responsible for receiving legal correspondence on behalf of your LLC.
Consider filing online: Online filing is typically faster and more convenient than mail-in submissions, offering instant confirmation and quicker processing times.
Consult a professional if needed: If you need clarification on filing your annual report, consider consulting with a legal or accounting professional specializing in business compliance. They can provide guidance and ensure that your filing is done correctly.
Stay informed: Be informed about changes in Delaware’s LLC filing requirements, fees, or deadlines. Regularly check the Secretary of State’s website for updates and sign up for any relevant newsletters or notifications.

Seek the Help of a Registered Agent

Each state has its own set of rules and regulations regarding the filing of Annual Reports. Typically, these reports are submitted annually, but in some states, they are only required biennially or once every ten years.

There are numerous factors to consider when filing reports or paying taxes, such as timing, filing methods, appropriate addresses, exemptions, legal requirements, and annual report compliance. To help navigate these complexities, it is recommended that an LLC hires a Registered Agent. Explore the best registered agent services in Delaware that provide comprehensive assistance at a reasonable cost.

An experienced agent is necessary for the following:

Streamlining the necessary processes and filing procedures, ensuring a smoother experience.
Facilitating the sending and receiving of crucial documents on your behalf.
Providing timely reminders about critical filing dates and tax payment deadlines, reducing the risk of missing important deadlines.
Simplifying the filing process makes it less daunting and more manageable.
Helping you avoid costly penalties and maintain compliance with regulatory requirements.
Offering flexible working arrangements, adapting to your business needs.
Ensuring the privacy and protection of your personal information by keeping your records off public databases.

FAQs

What is the deadline for filing an annual report in Delaware?

The deadline for filing an annual report in Delaware is March 1 of each year.

Will I receive a reminder from the state of Delaware to file my annual report?

Yes, the state of Delaware will email a reminder to your registered agent approximately 60 days before the due date.

Can I file my annual report online in Delaware?

Yes, Delaware allows for online submission of annual reports through the state’s website.

What is the fee to file an annual report in Delaware?

The fee to file an annual report in Delaware is $50.

Can I file my annual report by mail instead of online in Delaware?

Yes, you can file your annual report by mail in Delaware by submitting a paper form and mailing it to the state’s Division of Corporations.

What happens if I don’t file my annual report on time in Delaware?

If you don’t file your annual report on time in Delaware, your company may be subjected to late fees and administrative dissolution.

Can I amend my annual report if there was an error or change to my information in Delaware?

Yes, you can amend your annual report if there was an error or change to your information in Delaware.

How do I file an amendment to my annual report in Delaware?

You can file an amendment to your annual report in Delaware online or by mail using the appropriate form and paying the required fee.

Do nonprofit organizations have to file annual reports in Delaware?

Yes, nonprofit organizations incorporated in Delaware are required to file annual reports with the state.

Can I file an annual report for multiple companies at once in Delaware?

No, you must file a separate annual report for each company registered in Delaware.

Are foreign corporations registered in Delaware required to file annual reports?

Yes, foreign corporations registered in Delaware are required to file annual reports with the state.

Where can I find the annual report form in Delaware?

You can find the annual report form for Delaware on the Division of Corporations website.

How do I determine the correct due date for my Delaware annual report?

The due date for your Delaware annual report is determined by the anniversary date of your company’s original formation or qualification to do business in the state.

Can I file my annual report in advance of the due date in Delaware?

Yes, you can file your annual report in advance of the due date in Delaware once the previous year’s report has been filed.

Is there a penalty for filing my Delaware annual report late?

Yes, if you file your Delaware annual report late, you will incur a late fee of $125.

Will I receive a confirmation after filing my annual report in Delaware?

Yes, you will receive a confirmation after filing your annual report in Delaware through the state’s website.

Can I file a paper version of the Delaware annual report form if I cannot access the online form?

Yes, you can file a paper version of the Delaware annual report form by downloading it from the state’s website.

Can someone notify me if my annual report due date is approaching in Delaware?

Yes, the registered agent for your company will be notified of the upcoming annual report due date in Delaware.

Can I view my previous annual reports online in Delaware?

Yes, you can view your previous annual reports online through the Delaware Division of Corporations website.

What information is required for my annual report filing in Delaware?

Delaware annual report filings require basic company information, such as the company’s name, address, and registered agent.

Can I change my registered agent while filing my annual report in Delaware?

Yes, you can change your registered agent while filing your annual report in Delaware.

Can I file a Delaware annual report if I have changed my company’s name?

Yes, you can file a Delaware annual report if you have recently changed your company’s name.

Can I file an annual report for a company that has been dissolved in Delaware?

No, Delaware annual reports can only be filed for active corporations.

Will I receive a reminder letter from the state of Delaware about the annual report filing?

Yes, the registered agent for your company will receive a reminder letter from the state of Delaware about the annual report filing.

Can I pay the annual report fee in installments in Delaware?

No, the annual report fee in Delaware must be paid in full at the time of filing.

Can I file my Delaware annual report late and pay the late fee to avoid administrative dissolution?

Yes, if your company’s annual report is filed late in Delaware, you can still avoid administrative dissolution by paying the required late fee.

Is there a grace period for filing annual reports in Delaware?

No, there is no grace period for filing annual reports in Delaware. You must file by March 1 or face penalties and possible administrative dissolution.

Can I file an extension for filing my annual report in Delaware?

No, there are no extensions available for filing annual reports in Delaware.

What is Delaware Annual Report?

Delaware Annual Report is a document filed with the State of Delaware as a yearly update on a company’s business activities.

Do I need to file an Annual Report in Delaware?

Yes, every corporation, limited liability company, limited partnership, and statutory trust registered in Delaware must file an Annual Report.

When is the Delaware Annual Report due?

The Delaware Annual Report is due no later than March 1st each year.

How do I file my Delaware Annual Report?

The Delaware Annual Report can be filed online through the Delaware Secretary of State’s website or by mail.

Can I file the Delaware Annual Report late?

Yes, but it will incur late fees of $200 for corporations and $300 for LLCs and LPs.

Do I need to include financial statements with the Delaware Annual Report?

No, financial statements are not required with the Delaware Annual Report.

What information is required for the Delaware Annual Report?

The required information includes the name of the corporation, its principal place of business, a list of officers and/or directors, and a registered agent.

What is a registered agent for Delaware entities?

A registered agent is a company or individual who agrees to accept legal documents and notice of lawsuits on behalf of a company.

Am I required to have a registered agent in Delaware?

Yes, all Delaware entities must have a registered agent with a physical address in Delaware.

What is the cost to file the Delaware Annual Report?

The filing fee for the Delaware Annual Report is $50.

Can I file my Delaware Annual Report early?

Yes, the Delaware Annual Report can be filed anytime after January 1st.

Can I file the Delaware Annual Report by fax?

No, Delaware does not accept faxed filings for the Annual Report.

Do I need to provide information about the number of shares issued or outstanding on the Delaware Annual Report?

Yes, the Delaware Annual Report requires information on the number of authorized shares, the total number of issued shares, and the total number of outstanding shares.

What happens if I fail to file my Delaware Annual Report?

Failure to file the Delaware Annual Report can result in the State of Delaware invalidating the company’s status in good standing, and a $200 fine in addition to other fees.

What is the penalty for filing a false Delaware Annual Report?

Filing a false Delaware Annual Report is considered fraud and can result in criminal or civil penalties.

Can I change the information in my Delaware Annual Report after filing it?

Yes, changes and updates to the Delaware Annual Report can be made by filing an amended Annual Report.

Is hiring an attorney recommended when filing the Delaware Annual Report?

No, it is not required, and most businesses typically complete the process without the need for legal counsel.

Can I file multiple Delaware Annual Reports at once if I have multiple entities?

Yes, multiple Delaware Annual Reports can be filed in a single online submission.

How often do I need to file the Delaware Annual Report?

The Delaware Annual Report must be filed every year.

Can I request an extension to file the Delaware Annual Report?

No, there are no available extensions for the Annual Report and it must be filed no later than March 1st.

Can I file my Delaware Annual Report even if I don’t currently do business in Delaware?

Yes, filing the Annual Report is required for any corporation, limited liability company, limited partnership or statutory trust registered in Delaware regardless if they do business in the State.

Do I need to pay for the Delaware Annual Report filing if I am a non-profit organization?

Yes, non-profit entities also need to file and pay the $50 Annual Report filing fee.

Can I use a PO box as the address for my registered agent in Delaware?

No, a registered agent must have a physical Delaware address where they can receive legal notices and documents.

What happens if my registered agent in Delaware resigns?

The State of Delaware must be notified within three months, and a new registered agent must be appointed.

Can I change the name of my company when I file the Delaware Annual Report?

No, name changes need to be filed with the State of Delaware as a separate document.

What is the fee for changing my company name in Delaware?

The fee for changing a company name in Delaware is $200.

Can I change the type of business entity when I file the Delaware Annual Report?

No, changes to the type of business entity must be filed with the State of Delaware as a separate document.

Can I file the Delaware Annual Report for my corporation and LLC at the same time?

Yes, multiple entities can be filed in a single online submission.

Is a signature required when filing the Delaware Annual Report online?

Yes, the filing party will be asked to affix their electronic signature at the time of submission.

How to Correct Error in Your Annual Report of Delaware LLC

For Delaware LLCs, correcting errors in annual reports is essential to ensure transparency and maintain trust in the company’s financial reporting. While errors can be a source of stress and concern, they can be resolved through careful review, acknowledgment of mistakes, and timely corrective action.

One key step in correcting errors in an annual report is to conduct a thorough review of the document to identify any inaccuracies. This review should involve comparing the report against the company’s financial records, statements, and other relevant sources of information to pinpoint discrepancies and mistakes. By diligently examining the report, Delaware LLCs can uncover errors and take the necessary steps to address them before distributing the document to stakeholders.

Once errors have been identified, it is essential for Delaware LLCs to acknowledge the mistakes and take responsibility for fixing them. Companies should work proactively to inform stakeholders of the errors and their plans to rectify the issues. By practicing transparency and openness, Delaware LLCs can demonstrate their commitment to accurate financial reporting and maintain trust with investors and other interested parties.

Correcting errors in an annual report also requires taking swift and effective action to rectify the mistakes. This may involve making corrections to the report itself, issuing revised statements, or providing supplementary information to clarify any misconceptions. Delaware LLCs should work diligently to address errors in the annual report and take steps to prevent similar inaccuracies in the future.

In addition to addressing errors found in the annual report, Delaware LLCs should also take steps to prevent such mistakes from occurring in the future. This may involve implementing new review processes, enhancing internal controls, or providing additional training and resources to employees responsible for financial reporting. By proactively seeking to improve reporting practices, Delaware LLCs can limit the chances of errors slipping through the cracks and maintain the integrity of their financial reporting.

In conclusion, errors in annual reports can happen, but they do not have to be a permanent stain on a company’s reputation. By conducting a thorough review, acknowledging mistakes, taking swift corrective action, and implementing preventative measures, Delaware LLCs can correct errors in their annual reports and demonstrate a commitment to accurate and transparent financial reporting. By remaining vigilant and proactive, companies can restore trust and credibility with their stakeholders, ensuring continued success and sustainability in the dynamic business environment.

Conclusion

Filing a Delaware LLC annual report is essential to maintaining compliance and good standing with the state. Keeping organized records, being aware of filing deadlines, and submitting accurate information will help ensure your LLC remains in good standing and can continue operating smoothly. Remember to stay on top of your filing requirements and consult professional help to keep your Delaware LLC compliant and successful. Visit LLCBase to learn more about maintaining compliance and good standing in Delaware.