How to start an LLC in Delaware

To start an LLC in Delaware, file the Certificate of Formation with the Delaware Division of Corporations ($110) once you have a name the state will accept and a registered agent there. Then write an operating agreement, get a free EIN from the IRS and keep the LLC current with the state.

Step 1: Choose a name Delaware will accept

The name has to end with “Limited Liability Company”, “L.L.C.” or “LLC”. It also has to differ from the names already on the Delaware Division of Corporations' records, and some words need another agency's approval. Check an LLC name in Delaware against those rules and the registered names we hold, then confirm it on the official search.

Not ready to file? A reservation holds the name: $75, for 120 days. See how to reserve an LLC name.

Step 2: Appoint a registered agent

The Certificate of Formation names a registered agent: a person or company with a street address in Delaware who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.

Our sister site lists the registered agents Delaware companies use most, with how many companies each one serves.

Step 3: File the Certificate of Formation

File it with the Delaware Division of Corporations. The fee is $110. File online, or on paper. The LLC exists once the state accepts the filing.

How long it takes. Faster service: next day $50 to $100, same day $100 to $200, two hours $500, one hour $1,000. (The office's page.)

Step 4: Write an operating agreement

Delaware law requires an LLC to have an operating agreement (6 Del. C. §§ 18-201(d), 18-101(9)). It stays in the company's records; it isn't filed with the state.

Make a free Delaware LLC operating agreement and download it as a Word file.

Step 5: Get an EIN

An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once Delaware has accepted the Certificate of Formation.

Step 6: Keep the LLC in good standing

No annual report: LLCs do not file an annual report.

After formation Delaware
Recurring report None
State tax or fee on LLCs $400 a year annual tax, due June 1
Proof of good standing Certificate of Good Standing, $50

Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a Delaware certificate of good standing.

What it costs to start an LLC in Delaware

State fee Amount
Formation filing $110
First year, state fees $110
Each year after $400

Over five years, Delaware's state fees come to $1,710. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.

Sources

How to start an LLC in Delaware

  1. Choose a name Delaware will accept and check it against the Delaware Division of Corporations' records.
  2. Appoint a registered agent with a street address in Delaware.
  3. File the Certificate of Formation with the Delaware Division of Corporations ($110).
  4. Write an operating agreement.
  5. Get a free EIN from the IRS.
  6. Keep up with the recurring filings and fees.

Common questions

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

$110 to file the Certificate of Formation. The state's fees come to $110 in the first year and $400 a year after that; a registered agent service or a newspaper notice costs extra.

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

The Delaware Division of Corporations doesn't post a standard time. Faster service: next day $50 to $100, same day $100 to $200, two hours $500, one hour $1,000.

Do I need an operating agreement in Delaware?

Yes. Delaware law requires one (6 Del. C. §§ 18-201(d), 18-101(9)), though it isn't filed with the state.

Can I start an LLC in Delaware online?

Yes. The Delaware Division of Corporations takes the Certificate of Formation online, for $110.

Does Delaware require an annual report for LLCs?

No. Delaware has no recurring report for LLCs.

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