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How To File A Delaware Certificate Of Formation For Your LLC (Mar. 2026)
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2026 Delaware LLC Guides
A Certificate of Formation is the first document you should file when officially forming your LLC in the state of Delaware. It serves as proof that your company has been legally formed and establishes it as a separate business entity from other companies created within Delaware.
Your Certificate of Formation should include important information such as your business name, address, and registered agent. Once it’s been filled and accepted by the state, they’re able to send relevant correspondence and ensure that you’ve paid any applicable state fees.
While the process in Delaware is quite straightforward, it can be quite time-consuming and potentially confusing if you don’t understand what information is required. I’ve discussed how to file your Delaware Certificate of Formation correctly, including the relevant fees and mistakes to avoid, to ensure that your LLC is approved.
Note: It’s also called Articles of Organization in other states.
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Delaware Certificate Of Formation Overview
The Certificate of Formation is the legal document used to form your LLC in Delaware under Delaware LLC Act § 18-201(b).
You can file the Certificate of Formation using either of the following methods, and both methods have a filing fee of $110:
- By mail: Complete the Certificate of Formation and theCover Letter, then mail both documents to the Delaware Division of Corporations.
- Online: Submit the Certificate of Formation through Delaware’s eCorp Business Services system.
Standard processing for a Delaware LLC filing generally takes about 10 business days.
Note: Government delays may cause longer filing times. This depends on when you file your form and any potential confounding factors.
You may pay an additional fee to request expedited processing. Delaware offers multiple expedited priority levels with different fees and turnaround times. Expedited delivery uses higher priority levels, while standard processing uses the lowest priority level.
Before reviewing the expedited processing table, you should understand the following terms:
- Processing Time: The amount of time the state takes to review your LLC filing.
- Approval Time: The amount of time it takes to receive your approved LLC documents after processing.
| Service level | Extra fee | Total cost | Processing time | Delivery method | Submission deadline | Approval time |
|---|---|---|---|---|---|---|
| Priority 1 | $1,000 | $1,110 | 1 hour | Email/Fax and Mail | 9:00 PM Eastern | Within 1 hour by email or fax |
| Priority 2 | $500 | $610 | 2 hours | Email/Fax and Mail | 7:00 PM Eastern | Within 2 hours by email or fax |
| Priority 3 | $100 | $210 | Same day | 2:00 PM Eastern | 3–5 days later by mail | |
| Priority 4 | $50 | $160 | 24 hours | 7:00 PM Eastern | 4–6 days later by mail | |
| Standard (Priority 7) | $0 | $110 | 10 business days | Not applicable | About 10 business days + Mailing time |
1. My Recommendations
How To Complete Your Delaware Certificate Of Formation Form
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Before you file:
Now that you’ve got a better understanding of the key information and terms, you’re ready to file your Delaware Certificate of Formation. I’ve detailed the Delaware filing process from start to finish to ensure a smooth formation process.
First, download the Certificate of Formation: Delaware Division of Corporations: Certificate of Formation.
Additional Provisions: Your Certificate of Formation can include extra provisions as long as it includes the three items required by the state. However, most LLCs tend to put any special rules in their LLC Operating Agreement instead.
1. Choose Your LLC Name
Your first step before completing any of your filing information is to choose a suitable LLC name. You need to make sure your name is unique and available, or the state will reject your application.
Once you’ve found a suitable name, enter it exactly the same as how you did on your Delaware LLC Name Search.
- Correct capitalization.
- Optional commas.
- Approved designators (LLC, etc).
2. Registered Office & Registered Agent
If you wish to use a Commercial Registered Agent, you’ll need to hire them before entering their details in your Certificate of Formation.
Once this step is completed, enter their name, street address, city, and ZIP code (No PO box or virtual office).
3. Signature
You must get an Authorized Person to sign your Delaware LLC Certificate of Formation. This can be anyone that you allow to file your certificate, meaning no separate form is needed.
Your LLC’s Certificate of Formation form can be signed once you’ve given verbal consent, written consent, or accepted the website terms and conditions.
An Authorized Person acts as your LLC Organizer. They’re legally authorized to receive Service of Process and sign documents on behalf of your LLC.
- Your authorized person doesn’t have to be an LLC member.
- Singing the Certificate of Formation doesn’t make them a member.
- All LLC members should be listed in your Operating Agreement.
You can sign as the Authorized Person if you’re filing the Certificate of Formation yourself.
Notes:
- Skip to the upload instructions below if you’re filing your Delaware LLC online.
- Follow the steps in the next section if you’re mailing your filing. This looks at preparing your cover letter and how to mail your completed documents.
How To Complete The Cover Letter (Mail Filing Only)
You only need to complete a cover letter if you’re filing your Certificate of Formation by mail. If online, this will be built into the online form.
Note: The Cover Letter is also called the “Cover Sheet,” “Cover Memo,” or “Filing Memo.”
1. Download Your Cover Letter
Your first step should be to download your cover letter. This can be done using the Delaware Division of Corporations: Cover Letter. Your cover letter has to be completed on paper if you’re filing by mail.
2. Choose Your Priority
Your priority level should be chosen based on your desired approval time and budget.
Note: Use the priority summary table above to check the relevant processing times and fees for your Delaware LLC. You can choose between standard processing (Priority 7) or expedited processing (Priority 1–4) for faster approval.
Choose your preferred priority level in the top section by completely shading inside the relevant box. Color the whole space without deviating from the stated rules.
3. Provide Your Submission Information
Your submission information is the personal information of the person or company submitting the form. You’ll need to provide this once you’ve decided on your priority level.
Note: Your cover letter is private, meaning only you and the reviewer will be able to view it. It will not appear on the public record.
Here is the required information and what each part means:
- Company/firm/individual name: Enter the name of your chosen submitter, not your LLC name.
- Attention: Leave this part blank.
- Return address: This is the address where you want your LLC approval to be sent.
- City-state-zip: Enter your city, state, and zip code.
- Country: Your country.
- Phone: A working contact phone number.
- Fax: Your fax number (Optional).
- Email address: Your email address (this must be filed if your fax section is blank).
- Account number: Leave this blank.
Note: The state of Delaware will either email or fax your LLC approval documents alongside mailing them if you pay for Priority 1 ($1,000) or Priority 2 ($500) approvals.
- They’ll fax your LLC approval if you list a fax number with no email address.
- You’ll receive email approval if you list an email address with no fax number.
- If you list both, the state will send you an email approval.
4. Complete Your Document Filing Request Details
With the majority of the important information entered, the next step is to add your Document Filing Request Details. This allows the state to see which company is filing its Certificate of Formation.
- Name of company/entity: Enter your chosen LLC name from step 1. This is what’s at the top of your Certificate of Formation.
- File number: Leave this blank.
- Reservation number: Enter your LLC name reservation if you reserved your desired name. This is usually not needed and so left blank in most cases.
- Document type: Enter “Certificate of Formation.”
5. Complete the Other Document Filing Information
This section is mostly left blank unless you’ve been specifically asked to provide a “Certified Copy” or a “Certificate of Good Standing” from a bank or lender. This is what you should do if these are required.
a. Certified Copy (Optional)
A Certified Copy is your approved Certificate of Formation with a state seal. This means that it’s been certified by the state to be an official document. Your Certificate of Formation is usually stamped once approved, which should be sufficient for most banks and lenders.
While this isn’t usually needed, you can pay a flat $50 fee + $2 per page.
b. Certificate of Good Standing (Optional)
Some banks and lenders may require a “Certificate of Good Standing,” but in most cases, this isn’t needed. You can purchase the Short Form version for $50 or the Long Form for $175.
c. Short Form Vs. Long Form
6. Pick Your Return Method
The most common return method is “Regular Mail.” However, you can use carriers such as FedEx and UPS if you have prepaid accounts. Provide the account number for return delivery through these carriers.
7. Comments/Filing Instructions
Leave this section blank.
Mailing The Certificate Of Formation & Cover Letter
The mailing process for your Certificate of Formation and Cover letter is quite simple. You need to send your Certificate of Formation and Cover Letter in the same envelope, making sure it’s addressed to the Delaware Secretary of State.
1. Prepare Payment
Choose a suitable payment method (check or money order). Make it out to the Delaware Secretary of State. The fee is $110 + any extra expedited fees if selected.
2. Mail Documents
With your payment ready and in the envelope, mail your Certificate of Formation, Cover Letter, and any requested documents to:
Delaware Division of Corporations
401 Federal Street, Suite 4
Dover, DE 19901
3. Approval Time (Mail Filing)
Your expected approval time when filing by mail depends on the priority method that you’ve chosen. Priority 7 (regular) filings are processed within 10 business days, not counting the mailing time. Priority 1–4 filings can be processed within 1–24 hours, depending on the fee chosen.
Once your Certificate has been processed, you’ll receive your approval documents by mail at the stated address on your cover letter. If you choose Priority 1 or 2, you’ll also get it by fax and email.
Filing The Certificate Of Formation & Cover Letter Online (Using ECorp Business Services)
File your Certificate of Formation and Cover Letter online using eCorp Business Services. This tends to be quicker than filing by mail, but requires you to navigate the submission page. These are the main steps to follow:
- Upload your signed Certificate of Formation.
- Follow the eCorp business service hours.
- Choose your document priority.
- Write your submitter’s personal information.
- Navigate to “Document Filing Request.”
- Use the “Other Document Filing Section” if extra documents are requested.
- Pick your return method.
- Review your submission.
- Submit payment.
Note: Scan your signed Certificate of Formation and save it as a PDF before uploading it onto the state’s website. This gives you a usable online submission form.
1. eCorp Business Services Hours
The eCorp business services are only available during selected business hours. They close on weekends and during state office closures.
You can use the online DocUpload tool from:
- Monday to Thursday, 7:45 A.M. – 11:59 P.M. ET.
- Friday from 7:45 A.M. – 10:30 P.M. ET.
You can’t use DocUpload on:
- Weekends (Saturdays and Sundays).
- Official State holidays.
- Unexpected closure, such as bad weather.
2. Get Started With eCorp Business Services
Visit the eCorp Business Services page to start using its submission tool. Click “Document Filing and Certificate Request” on the first page. When you get a pop-up that tells you not to upload a cover letter, press “Close.”
3. Document Priority
Your document priority determines how quickly you’ll get your LLC approved (Or rejected if you haven’t filed it correctly). I’ve discussed the different processing times and which ones you should use in the section above. Refer to the summary table if you’re unsure about the different fees.
4. Submitter Information
Once you’ve chosen your approval priority, you’ll need to submit your personal information as the submitter.
Note: Anything you enter at this stage will not become public record. Your Submitter Information is private.
- Submitter name: Your own name, not your LLC.
- Account number: This can be left blank.
- Attention line: This can also be left blank.
- Address 1: The street address where the LLC approval should be sent.
- Address 2 + 3: Unit, suite number, etc.
- City, state, and zip/postal code: Enter your city, state, and zip/postal code.
- Country: Tick the “Non-US Country” box if you’re outside of America.
- Email address: Enter your email address where you wish to receive normal correspondence.
- Phone number/fax number: Enter a suitable phone number and fax number. This determines where your LLC approval will be sent. Leave this blank if you don’t have one.
Tip: If you want the state to fax or email your LLC approval documents in addition to mailing them to you, you’ll need to choose Priority 1 ($1,000) or Priority 2 ($500). The return method depends on the information previously provided:
- The state will fax your LLC approval if you listed a fax number with no email address.
- The state will email your LLC approval if you listed an email address with no fax number.
- If you’ve listed both, the state will email your LLC approval.
5. Document Filing Request
Navigate to the drop-down menu and choose “Document Filing Request.” You need to submit your signed Certificate of Formation here, using the upload and filing guidelines below.
a. File Upload
Make sure that you save your signed Certificate of Formation as a PDF document. This ensures that there are no formatting issues due to different software versions between you and the reviewer.
With your Certificate of Formation completed and signed, click “Select Files” to upload your PDF file. Make sure that this isn’t a cover letter PDF when using the DocUpload tool.
b. Document Filing
Once your Certificate of Formation has been successfully uploaded as a PDF, you need to file it using the correct business details. These are the ones that the state needs to recognize your LLC:
- Corporation name: Your LLC name as stated on your Certificate of Formation.
- Corporation number: Leave this section blank.
- Reservation number: You can enter your LLC’s name reservation number if you filed an LLC name reservation beforehand. However, this section will be left blank in most cases.
- Document type: This is “Certificate of Formation.”
6. Other Document Filing Information
You should leave this section blank unless a bank or lender has requested these extra documents. While it’s uncommon, I’ve listed the process just in case you need to add them.
a. Certified Copy (Optional)
A Certified Copy is your approved Certificate of Formation, but with a state seal to show it’s authentic. You should get a stamped Certificate of Formation when your LLC is approved, which would be sufficient for most banks and lenders.
Certified Copy: $50 flat fee + $2 per page.
b. Certificate Of Good Standing (Optional)
A Certificate of Good Standing shows your basic business details along with a list of your filed documents. You can purchase the Short Form or Long Form versions:
- Short Form: $50.
- Long Form: $175.
A short-form version contains your basic business details. A long-form version contains the same details and lists the previously filed documents. The correct choice depends on the specific request from the bank or lender.
Note: Your LLC’s reputation won’t be harmed if you choose not to get a Certified Copy or a Certificate of Good Standing. These can be ordered at a later date if needed.
7. Method Of Return
With your information completed and documents filed, one of the last steps is to choose a return method before making the payment.
Most businesses choose the Regular Mail service to receive their approved Certificate of Formation. However, you can also use UPS or FedEx if you have a prepaid account. Provide them with the account number, and they’ll arrange a return delivery.
8. Comments
This section can be left blank.
9. Continue
Proceed to the next step by clicking “Continue.”
Following this, a “Review Your Submission” pop-up should appear. This is where you should double-check all the information that you’ve previously typed in. I would suggest that you slowly go through everything again while referring to the guide just to make sure it’s all correct.
Click “Review/Edit” to check your submission. Once you’re happy, click “Proceed” to continue.
10. Submit Payment
Your last step before completing the filing process is to submit your payment fee. This can be done in three easy steps:
- Pick your preferred payment method: Choose “ACH” to enter your bank details using electronic debit. Alternatively, pick “Credit Card” if you’re paying by credit or debit card.
- Enter your payment details: Enter your payment, contact, and card billing details.
- Submit your payment: Click “Submit Your Request” to finish your online payment.
- Wait for approval: Your Delaware LLC is now filed. Wait for approval according to the times listed above.
Note: Any information entered at this point is private. It will not be on the public record.
11. Online Approval Time
Once your filing process is complete and the state is happy with the information provided, you’ll receive a stamped and approved Certificate of Formation, alongside a filing receipt. Make sure you keep these in a safe place as proof that your LLC is operating legally.
Remember, your Delaware LLC approval time depends on the processing option you chose at the start of the filing process. You can change this at any point in the filing process by editing your information.
The unexpedited approval process takes 10 business days + mail time (Dependent on your mailing company), even if you’ve filed online.
If you use Priority 3 ($100) or Priority 4 ($50), your LLC will be processed in 24 hours or less. Your approval will arrive by mail in approximately 4–7 days.
Priority 1 ($1,000) and priority 2 ($500) filings are processed in 1–2 hours (On weekdays). Your approval will be emailed or faxed to you within 1–3 hours, with a mailed copy arriving in 3–5 days. This is by far the best option, but considerably more expensive.
Delaware Division Of Corporations Contact Information
Contact the Delaware Division of Corporations at 302-739-3073 if you have any questions regarding the filing process. They’re open 8 A.M. – 4:30 P.M. ET, Monday to Friday.
Frequently Asked Questions
It costs $110 to file a Certificate of Formation with the Delaware Division of Corporations.
With standard processing, you typically receive the approved Certificate of Formation in about 10 business days.
You can pay an additional fee to expedite the filing process.
The highest expedited service tier allows processing in as little as one hour for an additional fee of up to $1,000.
Yes, you must file a Certificate of Formation to legally form an LLC in Delaware.
The Certificate of Formation is the legal document that creates your LLC under the Delaware Limited Liability Company Act.
If you do not file this document, your LLC does not legally exist under Delaware law.
2026 Delaware LLC Guides
ABOUT THE AUTHOR
+ 6 sources
Bizreport Advisor adheres to strict editorial integrity standards avoids using tertiary references. We have strict sourcing guidelines and rely on peer-reviewed studies, academic research. To ensure the accuracy of articles in Bizreport, you can read more about the editorial process here.
- Delaware Legislature (2018). Delaware Code Online. [online] Delaware.gov. Available at: https://delcode.delaware.gov/title6/c018/sc02/index.html [Accessed 28 Jan. 2026].
- Division of Corporations – State of Delaware. (2025). Division of Corporations – State of Delaware. [online] Available at: https://icis.corp.delaware.gov/ecorp2/.
- State of Delaware. (n.d.) Certificate of Formation of a Limited Liability Company. [online] Available at: https://corpfiles.delaware.gov/LLCFormation.pdf.
- Instructions for properly completing a Filing Memo. (n.d.). Available at: https://corpfiles.delaware.gov/Cover_Memo/updatedfilingmemoandinstructionsSept24.pdf.
- Business First Steps – State of Delaware. (2019). Entity Name Reservation – Business First Steps – State of Delaware. [online] Available at: https://firststeps.delaware.gov/entity_name_reservation/.
- Division of Corporations – State of Delaware. (2024). Contact Information – Division of Corporations – State of Delaware. [online] Available at: https://corp.delaware.gov/contact/.