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How to form an LLC in Delaware

File a Certificate of Formation with the Delaware Department of State, Division of Corporations. State filing fee $110.

Start my Delaware LLC → Search names on the state site ↗

Due to form

$110

State filing fee

How to file

Online or by mail

Standard times not published; expedite tiers from 1 hour to 24 hours.

Keeping it active

No annual report

Check state tax filings below

The steps in Delaware

  1. 1

    Choose a name

    It must be distinguishable from other businesses on file and end with “Limited Liability Company”, “L.L.C.”, “LLC”. Check availability online; reservation optional ($75, 120 days). You can reserve a name first for $75 (optional).

  2. 2

    Appoint a registered agent

    Delaware resident or authorized business entity with physical street address in Delaware; a business located in Delaware may be its own agent.

  3. 3

    File the Certificate of Formation

    File with the Delaware Department of State, Division of Corporations. You can file online or by mail. Fee: $110.

  4. 4

    Sign an operating agreement

    Delaware law expects LLCs to have an operating agreement. It is not filed with the state; LLCPros prepares one from your answers.

  5. 5

    Get an EIN and keep up with reports

    Get a free Employer Identification Number from the IRS, open a business bank account, then keep up with any state tax filings.

Fees

Filing fee — Certificate of Formation$110
Optional: 24-hour expedite+$50
Optional: Same day expedite+$100
Optional: 2-hour expedite+$500
Optional: 1-hour expedite+$1,000
Optional: name reservation$75

Fee schedule revised Aug 1, 2026. Certified copy $50. Name reservation held 120 days.

State taxes to know about

Flat LLC annual tax $400 due June 1.

Questions about Delaware LLCs

›How much does it cost to form an LLC in Delaware?

The Delaware filing fee for the Certificate of Formation is $110. Optional expedited processing costs more.

›What document forms an LLC in Delaware?

You file a Certificate of Formation with the Delaware Department of State, Division of Corporations.

›Does Delaware require a registered agent?

Yes. Delaware resident or authorized business entity with physical street address in Delaware; a business located in Delaware may be its own agent.

Double-check with the state

We could not confirm these on an official Delaware page when we last checked (November 12, 2026). Your filing plan lists them too.

  • When the annual (or biennial) report is due, and its fee
  • The link to the state’s business name search
  • Whether state law requires a written operating agreement
  • The links to the online filing system and the state’s office
Self-help, not legal or tax advice. LLCPros is not a law firm, does not give legal or tax advice, and is not affiliated with any state or federal agency. We prepare documents from your answers and your state’s published rules; you file them and pay the state’s fees directly. Rules and fees change — check the official state links before filing, and talk to a lawyer or accountant about your situation.