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Submitted by UCS on August 9, 2018
The State of Delaware recently passed legislation, effective August 1, 2018, that provides for the division of an LLC into two or more separate LLC’s. (Senate Bill 183, https://legis.delaware.gov/BillDetail/26554 )
The Certificate of Division that is filed will divide an existing LLC into two or more LLC’s and the existing LLC would either continue on or would terminate its existence upon filing.
The Certificate of Division will be submitted simultaneously with a Certificate of Formation for each of the new LLC’s. There is no limit to the number of dividing entities. And similar to other types of multi part filings, there will be fees associated with EACH filing, including expedite fees.
After the Division is on file, one may obtain a Certificate Re Division to reflect the division or obtain a certified copy of one or all parts of the multipart filing. The certificates can be requested on the divided entity as well as any of the entities that were formed from the division.
Please contact us with any questions about dividing an LLC.
About the author
Paula Lintner is the Delaware Branch Manager for United Corporate Services, Inc. Over the past 21 years, Paula has assisted hundreds of small business owners fulfill their dream of starting their own business. Additionally, Paula helps paralegals and attorneys navigate through the details of Delaware corporate transactions as well as contributing to the product and process development within the teams she has been a part of. Her experiences and expertise have allowed her to develop an invaluable relationship with the Delaware Division of Corporations staff which she shares with all UCS clients. Have a question or a suggestion for a blog? Contact Paula at paula.lintner@unitedcorporate.com.
Written by Our Team
United Corporate Services (“UCS”) provides registered agent services in all 50 states and U.S. territories as well as in select international jurisdictions. With 50 plus years of experience in the legal services industry, UCS partners you with a highly skilled staff of Client Service Representatives who can help with navigating through the complexities of forming and maintaining companies for yourself or your client.
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