How to Start an LLC in Delaware (2026)
Delaware's own certificate of formation template asks for $90. The real fee is $110.
In This Article
- Overview
- Quick Facts
- Introduction
- Choose a Name for Your Delaware LLC
- Choose a Registered Agent in Delaware
- File Your Certificate of Formation with the State
- Get an EIN from the IRS
- Create an Operating Agreement for Your Delaware LLC
- Open a Business Bank Account
- Federal BOI Reporting
- Top 3 LLC Services
- FAQ
- Next Steps
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 $110 in state fees. Most founders complete the process in a timeframe the state does not publish, either DIY or through a formation service starting at $0.
Delaware LLC: Quick Facts
Last Verified: Aug 2026- Filing Fee (Online)
- $110
- Processing Time
- a timeframe the state does not publish
- Expedited Available
- Yes (24 hours / $50)
- Annual LLC Tax
- $400 (annual)*
- State Income Tax
- Yes
- Sales Tax Rate
- 0%
- Filed With
- Delaware Division of Corporations
- Last Verified
- August 15, 2026
* Annual LLC Tax: $400, due June 1 each year
Why So Many Founders Choose Delaware for Their LLC
Delaware's own certificate of formation template asks for $90. The real fee is $110. That template dates from October 2016, and its cover letter puts the annual tax at $300 when the tax is now $400. Here is the six step process, priced from the schedule the state revised on August 1, 2026.
A Delaware LLC puts a legal wall between your money and your company's debts. If someone sues the business, your home, car and savings sit behind that wall. That is the whole point. It is why founders form an LLC instead of working as a sole proprietor.
Delaware has a real claim to being the most business friendly state. The Division of Corporations keeps filing simple, and the Court of Chancery hears business disputes in front of judges rather than juries, so the case law runs deep. Privacy is real here too. It is also narrower than most guides admit. Members and managers are never named on the certificate of formation. One authorized person has to sign it, though, with their name printed underneath, and that filing is public. There is no state sales tax. You will owe a flat $400 a year.
The process itself is short. Pick a name. Appoint an agent with a Delaware street address. File the form, get an EIN, write an operating agreement and open a bank account. Delaware gives no standard turnaround for any of it. Timing depends on how many filings sit in Dover the week yours lands. The state will sell you a firm date if you need one.Weighing Delaware against Wyoming? Our Wyoming vs Delaware LLC comparison puts the two states' fees side by side. It covers the five year cost and what the $400 tax buys.
Delaware publishes no standard processing time. That makes its expedite menu the only firm promise on the table. Most guides mention one tier. There are four, and the top one costs twenty times the filing fee.
Choose a Name for Your Delaware LLC
Your name must follow Delaware's rules. It also has to differ from every name already on file.
You need a compliant name before you file anything. Delaware has rules, and the Division of Corporations will reject a filing that breaks them. Check first. The state entity search is free.
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 never asks for member or manager names on the form. One human name does appear. The person who signs prints their name below, and the filing is public.
Pro Tip
Search the state name database first. It is free and takes about 30 seconds.
Choose a Registered Agent in Delaware
Every Delaware LLC needs an agent in the state. They take legal papers for you at a real street address, in working hours.
A registered agent takes legal notices and service of process for your LLC. Delaware wants either a resident of the state or a company cleared to do business there. The address has to be a real street address, not a PO box. Someone must be there in working 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
Most Delaware LLC owners live somewhere else, so a paid agent service is the usual answer here. The address must be a real one in Delaware. PO boxes do not count.
File Your Certificate of Formation with the State
This step creates the LLC. You send the form to the state with the $110 fee.
The certificate of formation is a short document. It brings the LLC into being, and Delaware keeps it plain. You give the LLC name, the name and address of your Delaware agent, and the signature of an authorized person. That is it. File it through the state upload service, or post the form to Dover.
File Online
File by Mail
The $110 covers basic handling. Once the state clears it, a stamped copy comes back to prove the LLC exists.
Check one thing before you write the check. The template on the Division's own site was last revised in October 2016. Its cover letter still says $90, and still puts the annual tax at $300. The fee schedule revised on August 1, 2026 lists formation at $110, and the note under that table explains the gap. The column price is the filing fee plus the municipality fee. The state's How to Form page carries the old $300 too. Go by the fee schedule.
State Specific
Delaware does not ask you to list members or managers. The form wants the LLC name, the registered agent and that agent's address, and the printed name and signature of one authorized person. That last field is the catch. Sign it yourself and your name goes on public record.
Pro Tip
Delaware sells four speeds, not one. On a formation filing the fee schedule prices next business day at $50 and same day at $100, and the Division adds two hour service at $500 and one hour at $1,000. Each tier has its own cutoff time.
Recommended: Northwest Registered Agent
$39 + state fee. Includes registered agent, business address, domain, website, email, and phone. No upsells.
Get an EIN from the IRS
Your EIN is the tax ID for the business. You need one to open a bank account, hire staff and file returns. It is free.
Apply on the IRS site. It costs nothing, takes about five minutes, and the number comes back straight away. Have your filed certificate of formation to hand before you start.
Apply for your EIN on IRS.gov →Create an Operating Agreement for Your Delaware LLC
Delaware's LLC Act assumes you have an operating agreement. It can be spoken or implied. Writing it down is a practical choice, not a filing rule.
Section 18-101 of the Delaware LLC Act defines the agreement as any deal between the members about how the company runs. It can be written, spoken or implied. The same section says the company need not sign it, and that no statute of frauds applies. So Delaware orders you to sign nothing and file nothing. What it does instead is fill every gap you leave with its own default rules. A spoken understanding is a poor thing to be holding on the day partners fall out. Write it down for that reason. Not because Dover is waiting for it.
Sections Your Operating Agreement Should Cover
State Specific
Section 18-101 lets the agreement be written, spoken or implied, and says the company need not sign it. Plenty of guides call a signed agreement a legal requirement in Delaware. They cite this section. It says the opposite.
Pro Tip
Nothing gets filed. Keep the signed original with your business records and give copies to all members.
Important
Whatever your agreement leaves out, Delaware's rules fill in. Those defaults suit the average firm. Yours may not be average.
Open a Business Bank Account
A separate bank account keeps company money apart from yours. That split is what keeps your liability shield intact.
A separate business account is one of the most useful things you can set up. Mixing personal and company money weakens your liability shield. If you are sued and your expenses ran through a personal account, a court can pierce the corporate veil and come after you. Keep the split clean. It makes tax time easier too.
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.
Federal BOI Reporting
No. FinCEN revised the rule in March 2025 and BOI reporting now applies only to companies formed outside the US. Domestic LLCs are exempt.
Top 3 LLC Formation Services
We've independently reviewed the top LLC formation services in Delaware. Here's how they compare.
| Feature | Northwest Registered Agent Best Overall | ZenBusiness Best for LLC Formation | Tailor Brands Best for Branding |
|---|---|---|---|
| Starting Price | $39 + state fees | $0 + state fees | $0 + state fees |
| Formation Speed | Same-day filing | 7-10 days, 1 day on Pro | 2-14 business days |
| Support | Lifetime Corporate Guides | Phone, Chat, Email | Phone, Chat, Email |
| States Covered | 50 states | 50 states | 50 states |
| In Business Since | 1998 | 2015 | 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
Free, and it takes about 10 minutes at IRS.gov. You need it before you open a bank account or hire anyone.
Open a Business Bank Account
Keep company and personal money apart from day one. Bring your EIN, the filed form and a photo ID.
Create an Operating Agreement
Delaware does not require one. It still protects your liability shield and sets out how the LLC is run.
Pay Your Annual LLC Tax
Set a calendar reminder for June 1. Miss it and Delaware adds a $200 penalty plus 1.5% interest a month on the tax and the penalty together.
Ready To File?
Start your Delaware LLC with Northwest Registered Agent. $39 + state fee includes registered agent, business address, domain, and more.
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.
Was this article helpful?
Questions about forming an LLC in Delaware
No comments yet. Ask the first question and a member of our team will answer.
Leave a comment