How to Form an LLC in Delaware: Steps and Fees
Our Delaware LLC formation package is $199 plus the state's $110 filing fee — we prepare and file the paperwork. Every Delaware LLC also needs a registered agent on record; that's $99/year, invoiced as its own separate line.
Set up a Delaware LLC by filing one document, attaching a qualified agent, and committing to the ongoing tasks that keep the entity active. The state filing fee is $110, expedited handling is available for a premium, and the post-formation budget is modest but ongoing. What follows is the step-by-step, the real fee picture, and where we slot in.
Start Your Delaware LLC — $199
We do the paperwork and file it with the Delaware Division of Corporations for $199, and the state returns a stamped approval once processing completes.
The Delaware LLC, Briefly Explained
An LLC is the business structure that gives small business owners limited personal liability and pass-through taxation without the formality of a full corporation. Statewide in Delaware, most new businesses default to the LLC structure because it gives real protection without corporate-level paperwork.
Delaware LLC Filing Fee: $110
The official Delaware filing fee for a Certificate of Formation is $110, and the state's own form packet says so plainly: "The fee to file the Certificate is $110." The statutory line item under 6 Del. C. § 18-1105(a)(3) is $70; the Division's $110 total folds in the other assessments collected at filing, so $110 is the number to budget.
| Item | Fee |
|---|---|
| Our LLC formation service | $199 one-time |
| State filing fee (Delaware Division of Corporations) | $110 one-time |
| Registered agent (required for every Delaware LLC) | $99/year |
| Annual franchise tax (no annual report) | $300 flat, due June 1 |
We bill $199 for our filing service. State fees are paid to the Delaware Division of Corporations separately. The agent product is $99 annually.
Important Delaware-specific notes: LLCs file no annual report at all. Instead they pay a flat annual franchise tax, due June 1 each year: $300 through tax year 2025, rising to $400 beginning with tax year 2026 under House Bill 400 (enacted May 21, 2026). Late payment triggers a $200 penalty plus 1.5% monthly interest. Expedited document processing tiers: 24-hour $50, same-day $200, 2-hour $500, 1-hour $1,000.
The Certificate of Formation
Delaware's formation document is the Certificate of Formation of a Limited Liability Company. There is no form number; Delaware does not number its forms. The governing statute, 6 Del. C. § 18-201, reads: "In order to form a limited liability company, 1 or more authorized persons must execute a certificate of formation." The certificate is short: the LLC's name, the registered agent's name and Delaware registered office address, and the signature of an authorized person. The Division publishes the official form packet (PDF), and the statute itself is on the state code site.
Step-by-Step: Forming Your Delaware LLC
- Choose your Delaware LLC name. The name needs an LLC indicator and enough distance from every name already in the state's records to avoid confusion. Run it through the Division of Corporations entity search first; the check is free and saves headaches later. Skip words that suggest a bank, insurer, or government body unless you hold the license to back them up.
- Name a registered agent. Every Delaware LLC must list an agent with a physical address in the state who is available during the workday. The agent's name and address go into the public entity database. For $99 a year, our agent plan covers Delaware, and it is our address the public sees rather than yours.
- File the Certificate of Formation with the Division of Corporations. This is the filing that creates the entity. Complete the state's packet, pay the $110 fee, and submit it to the Division. Standard filings wait in the regular queue; if you need speed, Delaware sells expedited handling at the tiers listed above.
- Document the operating agreement. Delaware does not collect operating agreements, but you want one anyway. It sets out who owns what share, how money moves, who decides what, and what happens when members come or go. Without one, Delaware's statutory defaults govern, and those defaults were not written for your specific business.
- Pull an EIN from the IRS. The Employer Identification Number is the LLC's federal tax ID, referenced by banks, payroll services, and the IRS. Apply free at IRS.gov; the online form takes about ten minutes and issues the number at the end. Paying a third party for an EIN is money wasted.
- Maintain compliance going forward. Keep the registered agent designation tied to a Delaware address year after year, pay the annual franchise tax by June 1, keep LLC money separate from personal money, and stay current on federal and state tax filings. An LLC that falls out of compliance loses its good standing, and continued neglect ends in cancellation by the state, which strips away the liability shield until you fix it.
Hand it off? $199 flat and we file your Delaware LLC on your behalf.
The Delaware Registered Agent Rule
Delaware law makes the registered agent a requirement for every LLC, with no exemption available. Under 6 Del. C. § 18-104, the agent must:
- Keep a Delaware street address; a PO box or virtual-office setup does not qualify
- Be generally present during business hours to accept legal service
- Get lawsuits and state notices to you quickly enough that no deadline is missed
One quirk worth knowing: Delaware expressly allows an LLC to act as its own registered agent, something few states permit. The catch is the office rule and the privacy trade, because whatever address goes on the filing is public. Our plan runs $99 annually, and listing us keeps your home address out of the state's database.
Common Questions
How much is the Delaware LLC filing fee?
$110, paid to the Division of Corporations when you file the Certificate of Formation. After that, plan for the flat annual franchise tax due each June 1.
How long does it take to form an LLC in Delaware?
Standard filings process in the order received, and Delaware does not publish a guaranteed turnaround. If timing matters, the state offers paid expedited service: 24-hour $50, same-day $200, 2-hour $500, 1-hour $1,000.
Does Delaware require an annual report?
No. Delaware LLCs file no annual report. They pay a flat annual franchise tax instead, due June 1, with a $200 penalty plus 1.5% monthly interest if it is late.
Do I need a registered agent for my Delaware LLC?
Yes. Delaware requires a designated agent at a Delaware physical address from formation onward. It's a continuous obligation, not a one-time setup.
Can I form an LLC in Delaware if I live in another state?
Yes. Delaware puts no residency condition on LLC owners. What you do need is an in-state agent. We cover that at $99 per year.
Begin Your Delaware LLC
Filing directly with the Delaware Division of Corporations is always an option: complete the state packet, pay the $110 filing fee, and wait for approval. A Delaware registered agent is still required either way.
We're the agent you list on the form. At $99 a year, you get our address on the filing, scans the day mail arrives, and a heads-up before every state deadline.
Just the agent, no formation? Our agent plan on its own costs $99/year.
Got other questions about Delaware LLCs or how our service handles the agent role? See the FAQ or contact us throughout the business day.
Ready to file your Delaware LLC?
$199 covers formation and filing; the Delaware registered agent runs $99/year, billed on its own.