Delaware LLC Formation Guide
Everything you need to form an LLC in Delaware — fees, timelines, and step-by-step filing instructions.
| State | Delaware |
| Abbreviation | DE |
| Filing fee | $90 |
| Processing time | 10 business days |
| Expedited available | Yes |
| Online filing | Yes |
| Annual report fee | $300 |
| Annual report due | June 1 |
| Registered agent required | Yes |
| State tax on LLC | No (pass-through only) |
Delaware-specific notes
Popular for large corporations and investors, but high annual franchise tax for LLCs. Best suited for businesses seeking investment or planning to go public.
How to form an LLC in Delaware — step by step
Search your business name
Verify your desired LLC name is available in Delaware. The name must include "Limited Liability Company," "LLC," or "L.L.C." Use the Delaware Secretary of State business search tool.
Choose your registered agent
Designate a registered agent with a physical Delaware address available during business hours. You can serve as your own agent or use a registered agent service ($50–$300/year).
File articles of organization
Submit your articles of organization to the Delaware Secretary of State online. Pay the $90 filing fee. Expedited processing is available for an additional fee.
Wait for approval
Standard processing takes approximately 10 business days. Expedited options are available if you need faster approval. You will receive a stamped copy of your articles once approved.
Create an operating agreement
Draft an operating agreement outlining ownership, management structure, profit sharing, and member responsibilities. Delaware does not require an operating agreement by law, but it is strongly recommended for all LLCs.
Get your EIN
Apply for a federal Employer Identification Number (EIN) free at IRS.gov. Takes about 10 minutes online. Required for business bank accounts, hiring employees, and filing taxes.
Open a business bank account
Use your EIN, articles of organization, and operating agreement to open a dedicated business checking account. Keeping business and personal finances separate is essential for maintaining your liability protection.
File annual reports & pay taxes
File your Delaware annual report ($300) by June 1 each year. Keep your registered agent updated and pay any applicable state taxes.
Want someone to handle the Delaware filing for you?
These services file your Delaware LLC articles of organization and handle registered agent setup.
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