Delaware LLC Requirements at a Glance
Filing Requirements
- Articles of Organization filing
- Unique business name
- Registered agent with Delaware address
- State filing fee: $90
Ongoing Compliance
- Annual fee: $300
- Maintain registered agent
- File annual reports
How to Form an LLC in Delaware: Step-by-Step
Choose Your LLC Name
Select a unique name that complies with Delaware naming requirements. Your LLC name must:
- Be distinguishable from other business entities in Delaware
- Include "Limited Liability Company," "LLC," or "L.L.C."
- Not include restricted words without proper licensing
Appoint a Registered Agent
Designate a registered agent with a physical address in Delaware. This can be yourself (if you have a Delaware address), another individual, or a registered agent service. The agent must be available during business hours to receive legal documents.
File Articles of Organization
Submit your Articles of Organization to the Delaware Secretary of State along with the $90 filing fee. Processing typically takes 7-10 business days, or you can expedite for $50 additional to receive approval in 1-2 days.
Create an Operating Agreement
While not always legally required, an operating agreement is crucial for outlining ownership percentages, member responsibilities, and operating procedures. This document helps prevent disputes and protects your limited liability status.
Obtain an EIN
Apply for an Employer Identification Number (EIN) from the IRS. This free federal tax ID is required for hiring employees, opening business bank accounts, and filing taxes. You can apply online and receive your EIN immediately.
Open a Business Bank Account
Separate your personal and business finances by opening a dedicated business bank account. This maintains your LLC's limited liability protection and simplifies accounting and taxes.
Best LLC Services for Delaware Businesses
These formation services have proven track records helping Delaware entrepreneurs start their LLCs quickly and correctly.
ZenBusiness
Best OverallEntrepreneurs who want comprehensive support and compliance tools at an affordable price
ZenBusiness stands out as our top pick for LLC formation services thanks to its unbeatable combination of value, features, and support. With formation starting at $0 plus state fees, you can rest easy with their worry-free compliance service, award-winning customer support, and 100% accuracy guarantee. The Pro and Premium packages add even more value with 1-day processing, an employer ID number, operating agreement, and services to get your business online like domain name registration, AI business website builder, and more.
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Bizee
Fastest FormationBudget-conscious startups needing fast formation
Bizee (formerly Incfile) offers lightning-fast LLC formation with their $0 package. They're perfect for entrepreneurs who need to form their LLC quickly and affordably. With same-day processing in many states and a year of free registered agent service, Bizee provides exceptional value for basic LLC formation needs.
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Tailor Brands
Best for BrandingCreative businesses wanting formation plus branding
Tailor Brands combines LLC formation with comprehensive branding tools. Their unique approach includes AI-powered logo design, website creation, and marketing materials. Perfect for creative entrepreneurs who want to establish their brand identity alongside their legal structure.
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Why Form an LLC in Delaware?
Delaware offers several advantages for LLC formation, including a business-friendly environment, established legal precedents, and access to major markets. The state's LLC laws provide flexibility in management structure and strong asset protection for members.
Delaware LLC Tax Benefits
LLCs in Delaware benefit from pass-through taxation, meaning the business itself doesn't pay income tax. Instead, profits and losses pass through to members who report them on their personal tax returns. This avoids the double taxation that corporations face.
Business Licenses and Permits
After forming your LLC, you may need additional licenses and permits depending on your business type and location within Delaware. Common requirements include local business licenses, professional licenses for regulated industries, and sales tax permits for retail businesses.
Delaware LLC FAQs
How much does it cost to form an LLC in Delaware?
The state filing fee is $90. Additional costs may include registered agent service ($50-$300/year), EIN obtainment (free from IRS, $70-$200 through services), and operating agreement preparation ($0-$200). Annual maintenance costs include a $300 annual fee.
How long does it take to form an LLC in Delaware?
Standard processing takes 7-10 business days. Expedited processing is available for an additional $50 and reduces processing time to 1-2 days. Formation services may add 1-2 days for document preparation.
Do I need a Delaware address to form an LLC?
You don't need to live in Delaware, but your LLC must have a registered agent with a physical address in the state. Many formation services provide registered agent service, allowing you to form a Delaware LLC from anywhere.
Can I be my own registered agent in Delaware?
Yes, if you have a physical address in Delaware and are available during business hours. However, using a professional service ensures privacy, compliance, and that important documents are never missed.
Ready to Start Your Delaware LLC?
Join thousands of entrepreneurs who've successfully formed their Delaware LLCs. Get started today with our recommended formation services.