How to start an LLC in Delaware
Forming an LLC in Delaware costs $110 and online filings are typically approved in about 1–3 weeks at standard speed (paid same-day and 24-hour options exist). Here's the whole process, step by step.
Filing fee
$110
One-time, paid to the state
Approval time
about 1–3 weeks at standard speed (paid same-day and 24-hour options exist)
Typical for online filings
Ongoing fee
$400/yr
What the state charges each year
Fees and processing times change — always confirm the current figures with the Delaware Division of Corporations before you file.
The 4 steps in Delaware
Pick a name that works in Delaware
Your name must be distinguishable from other Delaware businesses and include “LLC,” “L.L.C.,” or “Limited Liability Company.” Check availability with the Division of Corporations' entity search.
File the paperwork
In Delaware you file a Certificate of Formation, not Articles of Organization. Most people file through a Delaware registered agent, because the state's own filing system is built around agents. The filing fee is $110. Also write a simple operating agreement — it's free, and it keeps your liability protection clear.
Get your free EIN
Apply at IRS.gov and get your Employer Identification Number immediately, for free. You'll need it for taxes and your business bank account.
Open a business bank account
Bring your approved Articles of Organization, EIN, and operating agreement. Keeping business money separate is what makes the liability protection hold.
Optional: name a registered agent service
Every Delaware LLC needs a registered agent with a physical address in the state. You can be your own for free — or pay a service to keep your address private. Learn how registered agents work.
Should you form in Delaware if you don't live there?
Usually not. If you run your business from another state, you'll almost always have to register there too as a “foreign LLC.” That means paying both states' fees and keeping a registered agent in Delaware.
Delaware makes the most sense if you plan to raise money from investors who expect it. For most small businesses, forming in your home state is simpler and cheaper.
Delaware is famous for its business courts and flexible LLC law. That matters most to companies raising venture money. For a small local business, the $400 yearly tax is usually just an extra cost.
File directly with the Delaware Division of Corporations.
Common questions about Delaware LLCs
How much does it cost to start an LLC in Delaware?
The Delaware filing fee is $110, paid once when you submit your Articles of Organization. Getting your EIN from the IRS is free, and you can be your own registered agent for free. Ongoing, Delaware charges $400/yr. Fees change over time, so confirm the current amount on the Delaware Division of Corporations website before you file.
How long does it take to get an LLC in Delaware?
Online filings are typically approved in about 1–3 weeks at standard speed (paid same-day and 24-hour options exist), though times vary with the state's workload. Mail filings take longer. Check the Delaware Division of Corporations website for current processing times.
Do I need a registered agent in Delaware?
Yes — every Delaware LLC must list a registered agent with a physical street address in the state. You can be your own agent for free, or hire a commercial service (roughly $100–$150 a year) to keep your address off the public record.
Does Delaware require an annual report?
Delaware LLCs don't file an annual report. Instead they pay a flat $400 annual tax, due by June 1 each year. Missing it adds a $200 penalty plus 1.5% interest per month.
Can I form my Delaware LLC myself, without a service?
Yes. Filing directly with the Delaware Division of Corporations is straightforward: pick a name, submit the Articles of Organization online, and pay the $110 fee. A formation service is optional convenience, not a requirement.
Where to go next
Ready to make your Delaware LLC official?
Grab the free checklist so nothing gets missed, or compare formation services.