How to Start an LLC in Delaware (2026)
Filing a Delaware LLC costs $90 for the certificate of formation, and you can have it done in as few as six steps. Here's exactly how the process works, from naming your company to opening your business bank account.
In This Article
What You'll Learn in This Guide
This guide walks you through every step to legally form a Limited Liability Company (LLC) in Delaware — from picking a name to staying compliant year after year. We've kept it practical, current, and free of unnecessary fluff.
Note
Delaware LLC formation costs $90 in state fees. Most founders complete the process in 3-5 business days, either DIY or through a formation service starting at $0.
Delaware LLC: Quick Facts
Last Verified: Feb 2026- Filing Fee (Online)
- $90
- Processing Time
- 3-5 business days
- Expedited Available
- No
- Annual Franchise Tax
- $300 (annual)*
- State Income Tax
- Yes
- Sales Tax Rate
- 0%
- Filed With
- Delaware Division of Corporations
- Last Verified
- February 21, 2026
* Annual Franchise Tax: $300, due June 1 each year
Why So Many Founders Choose Delaware for Their LLC
A Delaware LLC puts a legal wall between your personal assets and your business liabilities. If someone sues your company or it takes on debt, your home, car, and savings stay protected. That separation is the core reason to form an LLC rather than operating as a sole proprietor.
Delaware has earned its reputation as the most business-friendly state in the country. The Division of Corporations runs a streamlined filing process, and the state's Court of Chancery specializes in business disputes, giving you access to judges (not juries) with deep expertise in corporate law. Delaware also allows anonymous LLCs, meaning your name doesn't need to appear on public formation documents. There's no state sales tax, though you will owe a flat $300 annual franchise tax.
The formation process itself is straightforward. You'll pick a name, designate a registered agent with a physical Delaware address, file your certificate of formation, grab an EIN from the IRS, put together an operating agreement (which Delaware actually requires by law), and open a business bank account. Most founders can complete everything within a few weeks.
Choose a Name for Your Delaware LLC
Your LLC name must meet Delaware's naming rules and be distinguishable from every other entity on file with the Division of Corporations.
Before you file anything, you need a compliant business name. Delaware law has specific requirements for LLC names, and the Division of Corporations will reject your filing if you don't meet them. Run a free search on the Delaware entity database to check availability before you commit.
Search available names →Delaware LLC Naming Requirements
Optional Name Reservation
- You can reserve a name for 120 days for $75
- Useful if you're not ready to file your certificate of formation yet
- Search available names at the Delaware Division of Corporations website
State Specific
Delaware does not require member or manager names on formation documents, so your LLC name is the primary piece of public information about your company.
Pro Tip
Search the Delaware entity database before you get attached to a name. It's free and takes about 30 seconds.
Choose a Registered Agent in Delaware
Every Delaware LLC needs a registered agent with a physical street address in the state who can accept legal documents on your behalf during business hours.
A registered agent is the person or company that receives legal notices, tax documents, and service of process for your LLC. Delaware requires your agent to be either an individual who lives in the state or a business entity authorized to operate there. The agent must have a physical street address in Delaware (not a P.O. box) and be available during normal business hours.
Your Three Options
- Be your own registered agent (only works if you have a physical address in Delaware and are available during business hours)
- Ask a trusted person who lives in Delaware to serve as your agent (they must consent and meet the availability requirement)
- Hire a professional registered agent service (the most common choice, typically $50-$300 per year, and it keeps your personal address off public records)
State Specific
Because many LLC owners don't live in Delaware, hiring a professional registered agent service is especially common here. You must have a physical Delaware address, and P.O. boxes don't count.
File Your Certificate of Formation with the State
This is the official step that creates your LLC. You'll submit your certificate of formation to the Delaware Division of Corporations along with the $90 filing fee.
Your certificate of formation is a short document that officially brings your LLC into existence. Delaware keeps it simple. You'll provide your LLC name, the name and address of your registered agent in Delaware, and the signature of an authorized person. That's it. You can file online through the Division of Corporations' document upload service or send the form by mail to Dover.
File Online
File by Mail
The standard $90 filing fee covers basic processing of your certificate. Once approved, you'll receive a filed-stamped copy confirming your LLC is officially registered in Delaware.
State Specific
Delaware does not require you to list members or managers on your certificate of formation. Only your LLC name, registered agent, and the agent's address are needed, which is why Delaware is known for anonymous LLCs.
Pro Tip
If you need faster processing, Delaware offers 24-hour expedited service for an additional fee on top of the $90 base cost.
Recommended: ZenBusiness
Beginner-friendly LLC formation with transparent pricing and a free starter option. From $0 + state fees.
Get an EIN from the IRS
Your EIN (Employer Identification Number) is like a Social Security number for your business. You'll need it to open a bank account, hire employees, and file taxes.
Apply for your EIN directly on the IRS website at no cost. The online application takes about five minutes, and you'll receive your number immediately. You'll need your filed certificate of formation details handy before you start.
Apply for your EIN on IRS.gov →Create an Operating Agreement for Your Delaware LLC
Delaware is one of the few states that requires LLCs to have an operating agreement by law. This document defines how your company is owned, managed, and run.
Delaware law requires every LLC to have an operating agreement. It doesn't need to be filed with the Division of Corporations, but it needs to exist as a signed document. This agreement is your LLC's internal rulebook. It spells out who owns what percentage, how profits and losses are split, how decisions get made, and what happens if a member wants to leave or the company dissolves.
Sections Your Operating Agreement Should Cover
State Specific
Under Delaware's LLC Act (Section 18-101), an operating agreement is required by law. It doesn't need to be filed with the state, but it must exist. Even single-member LLCs need one.
Pro Tip
Your operating agreement doesn't have to be filed anywhere. Keep the signed original with your business records and give copies to all members.
Important
Without an operating agreement, Delaware's default LLC rules will govern your company. Those defaults may not match what you and your co-founders actually want.
Open a Business Bank Account
A separate business bank account keeps your personal and LLC finances apart, which is essential for maintaining the liability protection your Delaware LLC provides.
Opening a dedicated business bank account is one of the most important things you can do after forming your LLC. Mixing personal and business funds can weaken your liability protection. If someone sues your LLC and you've been running expenses through your personal account, a court could "pierce the corporate veil" and hold you personally responsible. A separate account keeps things clean and makes tax time far easier.
What to Bring to the Bank
- Your filed certificate of formation from the Delaware Division of Corporations
- Your EIN confirmation letter from the IRS
- Your signed operating agreement
- A valid government-issued photo ID
- An initial deposit (amount varies by bank)
Pro Tip
Many banks offer free business checking for new LLCs. Compare a few options before committing.
Top 3 LLC Formation Services
We've independently reviewed the top LLC formation services in Delaware. Here's how they compare.
| Feature | ZenBusiness Best Overall Value | Northwest Registered Agent Best Privacy | Tailor Brands Best for Branding |
|---|---|---|---|
| Starting Price | $0 + state fees | $39 + state fees | $0 + state fees |
| Formation Speed | 1-10 business days | Same-day filing | 2-14 business days |
| Support | Phone, Chat, Email | Lifetime Corporate Guides | Phone, Chat, Email |
| States Covered | 50 states | 50 states | 50 states |
| In Business Since | 2015 | 1998 | 2014 |
| Get Started → | Get Started → | Get Started → |
Frequently Asked Questions
What to Do Next
Once your Delaware LLC is approved, take these steps to set your business up for success.
Get an EIN
Apply for free in about 10 minutes at IRS.gov — required before opening a bank account or hiring anyone.
Open a Business Bank Account
Keep personal and business finances separate from day one. Bring your EIN, Articles of Organization, and a government ID.
Create an Operating Agreement
Even if Delaware does not require one, an operating agreement protects your liability shield and defines how the LLC is managed.
File Your Annual Franchise Tax
Set a calendar reminder now. Missing your Annual Franchise Tax deadline can result in late fees or administrative dissolution.
Ready To File?
Start your Delaware LLC with ZenBusiness — guided filing and compliance support included.
About the Author
Legal & Compliance Analyst
Daniel grew up in the shadow of Silicon Valley but chose the legal route over engineering, working as a paralegal for a corporate law firm specializing in mergers and acquisitions. He realized that early-stage founders were constantly making catastrophic legal mistakes because they couldn't afford a $500/hour attorney, prompting his move to B2B media.
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