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

To start an LLC in Delaware, file a Certificate of Formation with the Delaware Division of Corporations and pay the filing fee (currently about $110). Delaware LLCs don't file an annual report, but they owe a flat annual franchise tax of $300 due June 1. You'll also appoint a registered agent, create an operating agreement, and get a free EIN from the IRS. Approval usually takes a few business days (expedited options available). Delaware is famous for business-friendly law, but for most local small businesses, forming in your home state is simpler and cheaper.

Fees and rules change, so the amounts below are approximate — always confirm the current figures on the Delaware Division of Corporations website. This article is general information, not legal or tax advice.

How much does it cost to start an LLC in Delaware?

The main cost is the one-time Certificate of Formation filing fee, currently around $110. Delaware LLCs don't file an annual report, but they owe a flat annual franchise tax of $300 due June 1. Delaware is popular with startups raising venture capital, but if you live and operate elsewhere, forming here usually means also registering as a foreign LLC in your home state, doubling your fees. For a full breakdown of every possible LLC cost, from registered agents to publication, see how much an LLC costs.

How to start an LLC in Delaware, step by step

1. Choose and check your LLC name. Your name must be unique in Delaware and include "LLC" or "Limited Liability Company." Search the Delaware Division of Corporations business database to confirm it's available, and grab the matching domain while you're at it.
2. Appoint a registered agent. Every Delaware LLC needs a registered agent with a physical address in the state to receive legal mail. You can be your own agent or hire a service; here's what a registered agent is and how to choose.
3. File your Certificate of Formation. Submit the formation document to the Delaware Division of Corporations, online or by mail, and pay the roughly $110 fee. Approval typically takes a few business days (expedited options available).
4. Create an operating agreement. This internal document sets out ownership and how the LLC is run. It isn't always filed with the state, but it's strongly recommended even for single-member LLCs.
5. Get an EIN from the IRS. This free federal tax ID lets you open a business bank account, hire employees, and file taxes. Learn what an EIN is and how to apply in minutes.
6. Handle licenses, permits, and taxes. Depending on your industry and city, you may need local business licenses and a seller's permit for sales tax. See how to register a business for the full sequence.

Ongoing requirements for a Delaware LLC

Forming the LLC is a one-time step; staying in good standing is ongoing. Delaware LLCs don't file an annual report, but they owe a flat annual franchise tax of $300 due June 1. Delaware is popular with startups raising venture capital, but if you live and operate elsewhere, forming here usually means also registering as a foreign LLC in your home state, doubling your fees. Missing a required filing can lead to late fees or administrative dissolution, so calendar every deadline the moment you form.

Tip: Open a dedicated business bank account as soon as your Delaware LLC is approved and your EIN is issued. Keeping business and personal money separate is what actually preserves the liability protection an LLC provides.

Should you form your LLC in Delaware or another state?

If you live and do business in Delaware, forming here is almost always the right choice. Forming in a "cheaper" or more famous state usually backfires, because you'll still have to register as a foreign LLC in Delaware anyway, which means paying two sets of fees and maintaining two registered agents. For the bigger picture, read what an LLC is and whether an LLC is right for you versus staying a sole proprietor.

Frequently asked questions

How much does an LLC cost in Delaware?

The state filing fee is currently around $110 one time. Delaware LLCs don't file an annual report, but they owe a flat annual franchise tax of $300 due June 1. Confirm the current amounts with the Delaware Division of Corporations, since fees change.

How long does it take to form an LLC in Delaware?

Online filings are usually approved in a few business days (expedited options available). Mail filings take longer, and some states offer paid expedited processing if you're in a hurry.

Do I need a registered agent for a Delaware LLC?

Yes. Delaware, like every state, requires an LLC to have a registered agent with a physical in-state address. You can serve as your own agent or hire a commercial service for privacy and reliability.

Keeping Delaware's specific steps, fees, and deadlines straight is exactly what Scafflow is built for. It turns forming your LLC and everything after it into a personalized, ordered checklist across legal, finance, brand, website, and marketing, so nothing slips through the cracks.

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