How To Start An LLC In Delaware (Apr. 2026): A Step-By-Step Guide

To start an LLC in Delaware, a Certificate of Formation, also known as an Article of Organization, needs to be filed with the Delaware Division of Corporations. The filing fee is $110, and it takes approximately 10 days to be approved.

While it seems complicated at first, starting an LLC in Delaware is fairly straightforward when following the steps below. However, you need to closely follow the state’s name requirements to ensure that your Certificate of Formation is accepted.

I’ve split the formation process into six simple steps. Follow each one in order, using the examples as guidance if you’re unsure of the best approach.

7 Steps To Form An LLC In Delaware

Forming an LLC in Delaware can be done using 7 key steps, ensuring compliance with state law and proper recognition.

Tip: If you’d prefer a professional to handle everything for you, from formation paperwork to tax setup, check out my guide on the Best LLC Services In Delaware.

1. Choose Your LLC Name

You must choose a name to include in your Certificate of Formation before you can register your Delaware LLC. Your business name needs to comply with Delaware’s official entity naming guidelines.

If you fail to follow the rules, your name will be rejected, and you’ll need to re-file. This wastes your valuable time, money, and resources.

a. Naming Requirements

Your LLC name must follow the Delaware LLC Act (§18-102).

• It has to include “Limited Liability Company”, “L.L.C.,” or “LLC”.
• You must choose a unique name (Check availability on the Secretary of State database).
• Don’t use a government agency name to avoid confusion.
• Restricted words like “Lawyer”, “Bank”, and “Attorney” require extra approval.
• It cannot use “Inc.” or “Incorporated”.

b. Checking & Reserving Your Delaware LLC Name

Check the availability of your Delaware LLC name by using the Secretary of State’s Entity Name Availability database. This ensures that your desired name is unique and will be accepted by the state.

You can reserve your chosen name in advance if you’re not yet ready to register your Delaware LLC. However, this isn’t usually necessary unless you’re going to be waiting a long time.

You’re able to reserve a business name for 120 days by paying a $75 fee to the Delaware Division of Corporations. We’ve explained everything in detail here: Delaware LLC Name.

2. Appoint A Registered Agent

A Registered Agent is a designated business entity or individual responsible for receiving official notices and legal documents on behalf of your Delaware LLC. They ensure that you still receive important notices if you’re not at the official business address.

a. Registered Agent Requirements In Delaware

Your Registered Agent must meet specific requirements that fall under the Del. 8 § 132. Without these, the state won’t acknowledge you.

• Physical address: Your agent must have a physical Delaware address that is not a P.O. box.
• Availability: They must be present at the physical address during regular business hours (9 A.M. to 5 P.M.).
• Age requirement: They must be at least 18 years old if acting as an individual.

b. Who Can Qualify As An LLC Registered Agent?

You have 3 options when nominating a Registered Agent. The more appropriate one depends on your business type and available time. These are:

• Yourself.
• A friend or family member.
• A Registered Agent Service, such as ZenBusiness (Our best choice).

When choosing a registered agent, note that your agent’s name and address will be made public. If you have no address or need privacy, a Registered Agent Service is the best option.

We’ve explained everything in detail here: Delaware Registered Agents.

3. File Your Delaware Certificate Of Formation

File your Delaware Certificate of Formation to begin your LLC establishment process.

This must be filed with the Delaware Division of Corporations.

You need to pay a $110 online filing fee. This is a one-time payment needed to create your Delaware LLC. This rises to $200 for foreign LLCs.

The Certificate of Formation must be submitted online using the state’s Document Filing and Certificate Request service.

You can pay an extra $100 if you require same-day processing. I don’t really think this is worth it, unless you’re in a big rush to be accepted. The Delaware team is usually pretty efficient without paying the extra fee.

a. Required Information For Your Delaware Certificate Of Formation

• Company name: This must appear exactly as you want it to in the state records.
• Registered Agent: Yourself or your agent who is responsible for receiving official company notices and legal documents.
• Registered office: A physical Delaware address where your agent is available during normal office hours.
• Authorized person: The printed name and signature of the person making your application.

b. How To Submit Your Delaware Certificate Of Formation

You can submit the form using two methods. I quite like the online method due to its easy accessibility and smaller upfront fee. However, it’s totally fine for you to file by mail if you prefer using an offline approval process.

Read more: Delaware Certificate Of Formation.

4. Prepare An Operating Agreement

An Operating Agreement is not legally required by the Delaware Secretary of State. However, it lists your LLC operation rules, helping to resolve potential disputes. I would recommend that you always get this to cover your bases in case anything bad happens.

Courts rely on state laws if you don’t have an Operating Agreement. These may not align with the best interests of your LLC.

a. Essential Parts Of Your Delaware LLC Operating Agreement

• The purpose of your business.
• Your business members and their roles.
• Company procedures for adding or removing business members.
• Your indemnification and liability clauses.
• Your profit and loss distribution.
• The LLC management structure.

You can find more details here: Delaware LLC Operating Agreement. Download our templates to get started.

5. Obtain An EIN For Your Delaware LLC

Once you’ve prepared your operating agreement, you need to obtain an EIN. This is crucial for the next steps when forming your LLC. However, if you’ve already gotten to this point, obtaining an EIN should be no trouble.

Your Employee Identification Number (EIN) is also called a Federal Tax ID Number or Federal Employer Identification Number.

This is required for 3 key reasons:

• Your LLC can be identified for tax purposes.
• You can apply for business licenses and permits.
• You’re able to open a business bank account.

In other words, you must get an EIN if you want to complete your business formation process.

6. Obtain Your Business License

Getting your business license is the last step when forming an LLC in Delaware. While we’ve included another step, you’ll see that it’s not necessary.

All Delaware LLCs require a general business license before beginning their operations. This must be obtained from the Delaware Division of Corporations.

You may also need a local business permit or license, depending on your location.

a. How To Submit A Business License

You can submit your form online or by mail, with processing times taking longer if you choose the mail option. These are the contact details for both options:

We have an in-depth guide on Delaware Business Licenses for you to read through.

What To Do After Your Delaware LLC Is Approved?

You’ll need to complete three important steps once your LLC is approved. This keeps your business compliant and running smoothly. I recommend that you follow these steps closely to ensure a smooth opening process and avoid potential issues in the future.

1. Open Your LLC’s Business Bank Account

First, open a separate LLC business bank account. This helps with three main things:

1. Streamlines your bookkeeping and financial management.
2. Keeps your personal and business funds separate, protecting your liability shield.
3. Confirms your Delaware LLC as a distinct legal business entity.

2. Pay Your Annual Franchise Tax

All Delaware LLCs need to file an Annual Franchise Tax to ensure full compliance. Your annual filing fee is a flat-rate of $300, which is due on June 1st of each year. This is done instead of you submitting a Statement of Information.

Your first Annual Franchise Tax Report should be filed the year after your LLC approval date. For example, if it were approved on March 15, 2025, your first tax report would be due on June 1, 2026.

The filing fee is $300, and it needs to be filed online only.

Read more: Delaware Annual Franchise Tax.

3. File & Pay Your Taxes

Delaware LLCs don’t pay direct federal income tax. Instead, the members or owners pay LLC taxes based on their personal tax returns.

Your LLC is taxed by the IRS based on the number of owners:

• Single-Member LLCs are taxed as a Sole Proprietorship.
• Multi-Member LLCs are taxed like a Partnership.

You also have the option to be taxed as a C-Corporation or an S-Corporation. Your LLC may owe state and local income taxes and gross receipts tax.

Frequently Asked Questions