How to Form an LLC in Delaware (2026)
The filing fee for a Delaware LLC is $90, filed through the Delaware Division of Corporations. Standard processing takes 3-5 business days. This guide walks you through every step, from choosing a name to getting your EIN.
Delaware LLC at a Glance
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How to Start an LLC in Delaware: Step by Step
Choose a Name for Your Delaware LLC
Your LLC name must be distinguishable from any existing business registered with the Delaware Division of Corporations. The name must include "Limited Liability Company," "LLC," or "L.L.C." as a designator.
Designate a Registered Agent in Delaware
Delaware requires every LLC to have a registered agent with a physical address in the state. Your registered agent receives legal documents, lawsuits, and official state correspondence on your behalf.
File Articles of Organization with Delaware
Submit your Articles of Organization (sometimes called a Certificate of Formation) to the Delaware Division of Corporations. The filing fee is $90, and standard processing takes 3-5 business days.
Your articles typically require: LLC name, registered agent name and address, principal office address, organizer name, and whether the LLC is member-managed or manager-managed.
Create an Operating Agreement
While Delaware doesn't legally require an operating agreement, you need one. Banks require it to open a business account, and without one, your LLC defaults to state rules that may not match your intentions.
Get an EIN (Employer Identification Number)
An EIN is your LLC's tax ID number, issued by the IRS for free. You need it to open a business bank account, hire employees, and file taxes. Single-member LLCs without employees technically aren't required to have one, but you'll want one anyway for banking and to keep your SSN off business forms.
Open a Business Bank Account
Open a dedicated business bank account immediately after formation. Mixing personal and business finances is the number one way owners accidentally pierce their LLC's liability protection. You'll need your Articles of Organization, EIN, operating agreement, and a government-issued ID.
Delaware LLC Cost Breakdown
Here's what you can expect to pay to form and maintain an LLC in Delaware.
| Cost Item | Amount | Frequency | Required? |
|---|---|---|---|
| State filing fee (Articles of Organization) | $90 | One-time | Yes |
| Registered agent service | $99-$299/yr | Annual | Yes |
| Annual report filing | $300 | Annual | Yes |
| EIN (Employer Identification Number) | Free (IRS) or $50-$100 (service) | One-time | Recommended |
| Operating agreement | Free (template) or $50-$200 | One-time | Recommended |
| Estimated first-year total | $540 (with registered agent service) | ||
What Makes Delaware Unique for LLCs
Business-Friendly Legal Framework
Delaware is famous for its business-friendly Court of Chancery, which handles corporate disputes without juries and has over 200 years of established case law. Delaware also offers strong privacy protections — you don't need to list member names in formation documents. However, if you operate outside Delaware, you'll need to register as a foreign LLC in your operating state, paying fees in both states. Delaware LLCs make the most sense for holding companies, venture-backed startups, and multi-state operations.
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Delaware LLC: Frequently Asked Questions
How much does it cost to form an LLC in Delaware?
The state filing fee to form an LLC in Delaware is $90. On top of that, you may need a registered agent service ($99-$199/year), an EIN (free from the IRS), and an operating agreement. Delaware also requires an annual report that costs $300 per year. Most formation services like Northwest Registered Agent charge $0 + state fees for basic formation.
How long does it take to get an LLC in Delaware?
Standard processing through the Delaware Division of Corporations takes 3-5 business days. You can often speed this up by paying for expedited processing directly with the state or through your formation service. Online filings are typically faster than paper filings. Services like Northwest Registered Agent can help ensure your paperwork is correct the first time, avoiding delays from rejected filings.
Do I need a registered agent for my Delaware LLC?
Yes. Delaware requires every LLC to designate a registered agent with a physical street address in Delaware. The registered agent receives legal documents, tax notices, and official correspondence on behalf of your LLC. You can serve as your own registered agent, but this puts your home address on public record and requires you to be available during business hours. Most owners use a registered agent service ($99-$199/year) for privacy and convenience.
Does Delaware require an operating agreement for LLCs?
Delaware does not legally require an operating agreement, but you should absolutely have one. An operating agreement defines ownership percentages, member responsibilities, profit distribution, and procedures for adding or removing members. Most banks will require one when you open a business account, and without one, your LLC is governed by default state rules that may not match your intentions.
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