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.

$90
Filing Fee
7-10 business days
Processing Time
$300
Annual Tax
Required
Registered Agent

How to File

1

Choose LLC Name

Select a unique name ending with 'LLC' or 'Limited Liability Company' and check availability through Delaware Division of Corporations.

30 minutes

2

Select Registered Agent

Designate a registered agent with a Delaware address to receive legal documents and official correspondence.

15 minutes

3

Prepare Certificate of Formation

Complete the one-page Certificate of Formation with basic LLC information including name, registered agent, and organizer details.

20 minutes

4

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 IRSApply for a federal Employer Identification Number directly through the IRS website for tax purposes and banking.
  • Create Operating AgreementDraft an operating agreement to establish management structure, member rights, and operational procedures (recommended but not required).
  • Open Business Bank AccountUse 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

Franchise Tax:$300
Report Due:June 1
Delaware LLCs pay an annual franchise tax of $300 due by June 1st each year. No annual report required, but must maintain registered agent.
Last verified: December 2025Source

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Form a Delaware LLC | Complete Filing Guide 2025 | OpenChamber