Delaware is a popular state for forming businesses because of its established business laws. If you want to start an LLC in Delaware, you can prepare the required information, appoint a registered agent, file a Certificate of Formation, and complete several follow-up steps to establish your business.
You can complete the process online through Delaware’s electronic filing services.
Why Start an LLC in Delaware?
A Delaware LLC provides a formal business structure that separates the company from its owners. LLCs offer flexibility in management and federal tax treatment.
Delaware requires every LLC to maintain a registered agent and registered office in the state. The state also does not require Delaware LLCs to file an annual report, although LLCs must pay an annual tax.
How to Start an LLC in Delaware
Follow these steps to establish your Delaware LLC:
Step 1: Choose Your LLC Name
Select a name that meets Delaware’s requirements. The name must include an appropriate LLC designation and be distinguishable from other business entities registered with the state.
Search the Delaware Division of Corporations business database before filing to review name availability. Delaware also allows businesses to reserve an entity name for 120 days for a separate fee.
Step 2: Appoint a Registered Agent
Every Delaware LLC must maintain a registered agent and registered office in Delaware. The agent receives official documents and service of process on the company’s behalf.
If your business has a qualifying physical presence in Delaware, it may serve as its own registered agent. Otherwise, you can appoint an eligible Delaware individual or business entity.
Step 3: Prepare Your Certificate of Formation
A Delaware LLC is created by filing a Certificate of Formation with the Division of Corporations. The certificate includes the LLC name, registered office, and registered agent information.
The state filing fee is $110. Delaware provides a document filing service that allows formation documents to be submitted electronically. services like MyCorporation can assist with LLC formation and filing, helping business owners complete the process more efficiently.
Step 4: File Your LLC Online
Submit the completed Certificate of Formation through Delaware’s Document Filing and Certificate Request Service and pay the required filing fee.
After the state processes the filing, keep the filed certificate and confirmation with your business records. You can also request certified copies or a certificate of status when needed.
Step 5: Create an Operating Agreement
Prepare an operating agreement that explains how your LLC will be managed. It can establish member ownership, management responsibilities, voting procedures, distributions, and other internal rules.
An operating agreement gives members a written framework for making business decisions.
Step 6: Obtain an EIN
Apply for an Employer Identification Number from the IRS after forming your LLC. An EIN is used for federal tax purposes and may be needed to hire employees, open a business bank account, and complete certain tax filings.
The IRS provides EINs at no charge through its application process.
Step 7: Review Business Licenses and Taxes
After forming your LLC, review the licenses, permits, and tax registrations that apply to your business. Delaware business licenses are handled through the Division of Revenue, while additional local requirements can depend on your business activities and location.
Delaware LLCs also owe an annual tax. For the 2026 tax year, the annual LLC tax is $400 and is due by June 1 of the following year. Delaware LLCs do not file an annual report.
How Much Does It Cost to Start an LLC in Delaware?
The state filing fee for a Delaware LLC Certificate of Formation is $110. Additional expenses may include registered agent services, name reservation, certified copies, expedited processing, licenses, permits, and professional assistance.
The annual LLC tax is separate from the formation fee. For the 2026 tax year, it is $400.
Conclusion
Starting an LLC in Delaware involves choosing a compliant business name, appointing a registered agent, preparing and filing the Certificate of Formation, creating an operating agreement, obtaining an EIN, and reviewing applicable licenses and taxes.
If you plan to register an LLC online, preparing each requirement in advance can make the formation process more organized. Keeping your formation documents and state records together can help you manage your LLC as your business develops.