Delaware LLC

How to Create an LLC in Delaware

Starting an LLC in Delaware is a popular choice for entrepreneurs thanks to the state’s business-friendly laws and efficient online filing system. You can form a Delaware LLC entirely through the Delaware Division of Corporations website. The filing fee for a Delaware LLC is $110, and the state requires an annual Franchise Tax to maintain good standing.

Use the guide below to walk through the steps for forming your Delaware Limited Liability Company.


Step-by-Step Guide: How to Form an LLC in Delaware

1. Choose and Check Your LLC Name

Before you register your business, you’ll need to confirm that your desired name is available. You can search the Delaware Division of Corporations database to ensure no other business is using it.
Delaware also allows you to reserve a name for a fee if you’d like to secure it before filing.


2. Designate a Delaware Registered Agent

Every Delaware LLC must have a registered agent with a physical address in the state.
This agent is responsible for receiving legal documents, compliance notices, and official state mail.

You may hire a commercial registered-agent service (common for Delaware businesses), or you can act as your own agent if you have an in-state address.


3. File the Certificate of Formation

To officially create your LLC, file the Certificate of Formation with the Delaware Division of Corporations. Delaware’s filing process is fast and can be submitted online or by mail.

Filing fee: $110

You’ll need to provide:

  • Your LLC’s legal name
  • Registered agent’s name and Delaware address
  • Organizer’s details

Once filed, Delaware usually processes online submissions quickly.


4. Save Your Approved Documents

When your formation is accepted, download and store all confirmation pages and official documents.
You’ll need these records later for banking, tax registration, and licensing.


5. Apply for an EIN (Employer Identification Number)

After your LLC is formed, apply for an EIN with the IRS.
This number functions as your business’s federal tax ID and is required for:

  • Opening a business bank account
  • Hiring employees
  • Filing federal tax returns

The EIN is free and issued instantly via the IRS website.


6. Draft an Operating Agreement (Strongly Recommended)

Although not legally required in Delaware, an LLC Operating Agreement is highly valuable.
This internal document outlines:

  • Member duties and contributions
  • Ownership percentages
  • Voting rules and decision-making processes
  • Profit and loss distribution
  • How to add or remove members
  • Procedures if the business dissolves

Having this agreement protects the LLC structure and helps avoid internal disputes.


7. Pay the Delaware Annual Franchise Tax

Delaware does not require an annual report for LLCs, but all LLCs must pay an annual Franchise Tax.

  • Annual Franchise Tax: $300
  • Due Date: June 1 of each year

Failure to pay on time can lead to penalties and eventually forfeiture of the LLC.

Additionally, Delaware LLCs must comply with federal requirements such as the Beneficial Ownership Information (BOI) filing under FinCEN.


Summary: Delaware LLC Requirements

RequirementDescription
State Filing Fee$110 (Certificate of Formation)
Annual Franchise Tax$300 per year
Registered AgentRequired — must have a Delaware physical address
Processing TimeUsually fast for online filings
Governing AgencyDelaware Division of Corporations

Final Thoughts

Forming an LLC in Delaware is straightforward and efficient, especially for entrepreneurs seeking strong legal protections and a business-friendly environment. By choosing a reliable registered agent, keeping up with Delaware’s Franchise Tax, and maintaining organized business records, you can establish and maintain a Delaware LLC with confidence.

A Delaware LLC offers limited liability protection, flexible management options, and the credibility of forming in one of the most respected business jurisdictions in the country — whether you’re launching a new venture or expanding an existing one.

Similar Posts

  • Hawaii

    How to Form an LLC in Hawaii Starting a business in Hawaii is easier than many people expect. The Hawaii Department of Commerce and Consumer Affairs (DCCA) offers a smooth online filing system, making it simple to register a Hawaii LLC whether you live in the islands or operate from another state. Here’s a complete…

  •  BOI Report Filing Explained: 2025 Updates, Deadlines, and What Businesses Should Know

    If you’ve recently formed an LLC or are planning to start one, you’ve probably come across the term BOI Report. It stands for Beneficial Ownership Information Report, a new federal filing requirement that aims to bring more transparency to business ownership in the United States. But with the recent changes announced in 2025, many business…

  • Florida

    How to Create an LLC in Florida Forming an LLC in Florida is a streamlined process, thanks to the online filing portal managed by the Florida Department of State. With reasonable fees and straightforward compliance obligations, setting up a Florida LLC is accessible whether you live in the state or operate remotely. Below is a…

  • Kansas

    How to File an LLC in Kansas Starting a Kansas LLC is a straightforward process using the Kansas Secretary of State’s online business filing system. Whether you live in Kansas or are forming a company from another state, creating an LLC in Kansas is affordable and efficient. Below is a complete step-by-step guide explaining how…

  • Colorado LLC

    How to Create an LLC in Colorado If you’re wondering how to get an LLC in Colorado, the process is straightforward and can be completed online through the Colorado Secretary of State. The state filing fee for forming a Colorado LLC is $50, and there is a small annual/periodic report fee ( 25$ )to keep…

  • Illinois

    How to File an LLC in Illinois Forming an Illinois LLC is a smooth process thanks to the Illinois Secretary of State’s online filing system. Whether you’re a resident or forming a business from out of state, registering an LLC Illinois is fast, reliable, and offers strong liability protection. Below is a clear, step-by-step guide…

Leave a Reply

Your email address will not be published. Required fields are marked *