Form a LLC in Delaware
Everything you need to know about forming a LLC in Delaware. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose LLC Name
Select a unique name ending with 'LLC' or 'Limited Liability Company' and check availability through Delaware Division of Corporations.
30 minutes
Select Registered Agent
Designate a registered agent with a Delaware address to receive legal documents and official correspondence.
15 minutes
Prepare Certificate of Formation
Complete the one-page Certificate of Formation with basic LLC information including name, registered agent, and organizer details.
20 minutes
File with Delaware Division of Corporations
Submit the Certificate of Formation online or by mail with the $90 filing fee plus any expedited processing fees.
10 minutes
What's Next After Filing
Once your LLC is officially formed, you'll want to complete these important steps:
- •Obtain EIN from IRS — Apply for a federal Employer Identification Number directly through the IRS website for tax purposes and banking.
- •Create Operating Agreement — Draft an operating agreement to establish management structure, member rights, and operational procedures (recommended but not required).
- •Open Business Bank Account — Use your Certificate of Formation and EIN to open a business bank account and maintain separation of personal and business finances.
Advantages
- ✓Business-friendly legal system with specialized Court of Chancery
- ✓Strong privacy protection - member names not required in public filings
- ✓Flexible management structure with minimal operating restrictions
- ✓No state income tax for LLCs not operating in Delaware
Considerations
- •Higher annual franchise tax ($300) compared to many other states
- •Must pay Delaware taxes if conducting business in Delaware
- •Requires registered agent service if no Delaware address
Annual Obligations
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
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