To start an LLC in Delaware, file Certificate of Formation with the Delaware Division of Corporations. The filing fee is $110 and online processing takes 10 business days.
| LLC Filing Fee | $110 |
| Annual / Ongoing Fee | $300 (every year) |
| Filing Agency | Delaware Division of Corporations |
| Formation Document | Certificate of Formation |
| Online Filing | 10 business days |
| Mail Filing | 10 business days (plus mail time) |
1. Choose Your LLC Name
Search your desired LLC name to ensure it's available in Delaware. Two businesses in the same state cannot have the same name. Check the state's business name database and follow naming rules (must include "LLC" or "L.L.C.").
2. Choose a Registered Agent
A Registered Agent accepts legal mail and state notices on behalf of your LLC. They must have a physical street address in Delaware. You can be your own agent, use a friend/family member, or hire a Registered Agent service.
3. File Certificate of Formation
File your Certificate of Formation with the Delaware Division of Corporations. This is the document that officially creates your LLC. The filing fee is $110.
4. Create an Operating Agreement
An Operating Agreement outlines ownership, management structure, and operating procedures. While not always required by the state, it's strongly recommended for all LLCs.
5. Get an EIN from the IRS
An Employer Identification Number (EIN) is a federal tax ID for your LLC. It's free from the IRS and needed to open a business bank account and hire employees.
6. File Annual Report / Ongoing Requirements
Most states require ongoing filings to keep your LLC in good standing. For Delaware, the annual/ongoing fee is $300 (every year).
7. Business Licenses & Permits
Depending on your industry and location, you may need local, state, or federal business licenses and permits. Check with your city and county government.