How to Form an LLC in Delaware: Steps and Fees

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, the state returns a stamped approval once processing completes, and we serve as your Delaware agent for that first year.

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$199 + $110 Delaware state filing fee = $309 due today

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.

Our filing service is a flat $199, and that price carries a year of agent coverage. State fees are paid to the Delaware Division of Corporations separately. Agent renewals are $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 processing tiers, on top of the filing fee: next day $50 to $100, same day $100 to $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

1. 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.
2. Name a registered agent. Every Delaware LLC must list an agent with a business office in the state, generally present there often enough to accept service of process (a virtual office or mail forwarding alone doesn't qualify). The agent's name and address land in Delaware's public entity records, so we'd rather it be ours: our Delaware agent plan comes free with a formation for twelve months, then costs $99 a year.
3. 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.
4. 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.
5. 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. Owners abroad who lack an SSN apply a different way, which our package for international founders takes care of.
6. 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.

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$199 + $110 Delaware state filing fee = $309 due today

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 at that office, at sufficiently frequent times, 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 is bundled for the first year with formation, then $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 sells faster handling on top of the filing fee, from $50 for next-day service up to $1,000 for a one-hour turnaround.

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, first year included when we form the company.

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. Free for the opening year when we file, then $99 a year: you get our address on the filing, scans the day mail arrives, and a heads-up before every state deadline.

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$199 + $110 Delaware state filing fee = $309 due today

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.