Startups Anonymous Est. 2013 · Read-only archive
Questions

California LLC or dodgy Delaware company to avoid $800 fee?

Business is slow at home here in california and I don’t want to face the annual LLC fee of $800.

I know people who escape the fee by incorporating in Delaware and having their mail forwarded back to them in California where they live.

Should I just do this? Is it legit, safe, not going to get busted? worth it? Or suck it up and pay the $800/yr ?

9 answers from the community

AAnonymous· Aug 7, 2014

If incorporating in Delaware were illegal, half the companies in the United States would be in jail.

AAnonymous· Aug 7, 2014

++

AAnonymous· Aug 7, 2014

you should just go as a sole proprietor. That has the benefit of, you know, not being fraudulent.

Delaware corps are responsible for the 800 fee if they are in California.

AAnonymous· Aug 12, 2014

yup!

AAnonymous· Aug 7, 2014

I have not used these guys but is an interesting startup - www.startupdocuments.com Jason Calacanis from Launch likes Walker law.

Brett Bringardner from Corvusstartups.com says do it yourself from the Del website. I took a look, seems easy and cheap.

AAnonymous· Aug 7, 2014

An option to consider is converting to an S corp. Unlike sole proprietorship, S corp gives some legal protection from personal liability claims - as does your LLC. If you are pitching investors, or have investors whose opinions you are concerned about, stay with the LLC. S corps and sole proprietorships are often perceived as amateurish, which can hurt your bargaining power with regard to valuation and other terms.

AAnonymous· Aug 7, 2014

You'll have a $250 DE annual fee for an LLC, more for a C-Corp. Plus another $150 for a registered agent in DE since you won't be a resident. So factor in whatever costs you have setting up LLC/C-Corp plus the DE state and registered agent fees, and make a decision. Now either way, you will be much better off with a Delaware entity than a California one.

AAnonymous· Feb 1, 2016

There are a lot of cheaper registered agents in Delaware all around $50 a year:

http://www.delawareregisteredagent.com

AAnonymous· Aug 30, 2018

Depends, if you want to get it setup correctly then I think it's worth paying a lawyer, or a tech-enabled law platform to do it right. I mean, you're planning on being successful so you don't want a shoddy platform to build your company on.

I hear good things about the Clerky folks, they're pretty popular amongst the YC set: https://www.clerky.com/