Delaware LLC
Form an LLC in Delaware.
- $110 to form
- $400 a year, due June 1
- No annual report
What a Delaware LLC costs
The state's own fees, passed on at cost. Our package is separate and shown before you pay.
- Certificate of Formation
- $110
- The state's filing fee, passed on at cost.
- Faster filing (optional)
- $50 to $1,000
- 24-hour $50, same day $100, 2-hour $500, 1-hour $1,000.
- Name reservation (optional)
- $75
- Holds a name for 120 days.
- Certified copy (optional)
- $50
- A stamped copy of your certificate, which some banks ask for, plus $2 a page. A good standing certificate is also $50.
- Annual tax
- $400 a year
- Due every June 1. No annual report.
- Our package
- From $19.99
- Filing, your company documents and first-year reminders. What each package includes
- Total to form
- $129.99with Core
- $309with Complete
- The state's fee, plus our package. Complete also covers rush processing, your registered agent, EIN and first annual report. Optional extras aren't included. The extra state fees, explained
How to form a Delaware LLC, step by step
- Choose a name Delaware will acceptIt must include "LLC", "L.L.C." or "Limited Liability Company", be distinguishable from names already on Delaware's records, and can't use the word "bank". Reserving a name is optional: $75 holds it for 120 days.
- Appoint a registered agent in DelawareEvery Delaware LLC needs one, with a Delaware street address that's open to accept legal papers. An individual agent must live in Delaware, and no agent may work only through a virtual office or mail forwarding.
- File the Certificate of FormationIt needs only the LLC's name and its registered agent's name and address, signed by an authorized person. It's filed online through the Division's filing service or by mail, for a $110 state fee.
- Choose a filing speedDelaware publishes no standard processing time; it depends on how much the Division receives. Paid options run from $50 for 24 hours to $1,000 for one hour.
- Put the LLC agreement in placeDelaware allows the LLC agreement to be written, oral or implied, and it isn't filed with the state. Both our packages include a written one, which banks usually ask to see.
What we handle for your Delaware LLC
Delaware's filing is simple. What people get wrong is the agent rules, the speed they pay for, and the $400 tax every June 1, with a $200 penalty if it's late.
- We check your name against Delaware's records before filing.
- We file your Certificate of Formation online, and use Delaware's paid speed-ups if you're in a hurry.
- Our registered agent is your Delaware address for legal papers, included for the first year with our Complete package.
- Your name isn't on the certificate: the person who signs it can be us.
- We remind you before the $400 tax is due every June 1, or handle it for you.
Every year after
- What
- Annual tax (Delaware LLCs file no annual report)
- Amount
- $400, the same for every LLC
- Due
- June 1, for the year before
Delaware franchise tax in detail: late fees, what's filed and reinstatement
Have us handle it every yearOr get a free reminder before it's due
What goes on the public record
The Certificate of Formation doesn't ask for members or managers, and Delaware LLCs file no annual report, so owners' names don't appear on the state's records. The person who signs the certificate is named on it, and that can be us.
If you live outside the US
- Delaware has no residency or citizenship rule for LLC owners.
- You'll need a commercial registered agent: an individual agent has to live in Delaware. Ours is included for the first year with our Complete package.
- Registered agents check every customer against US sanctions lists, wherever they live.
- At the federal level, your EIN is applied for by phone, fax or mail, and a single-owner LLC files Form 5472 every year.
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Questions people ask
Do I need to live in Delaware to form a Delaware LLC?
No. Delaware has no residency rule for owners. You only need a registered agent in Delaware, which our Complete package includes for the first year.
Do Delaware LLCs file an annual report?
No. They pay the $400 annual tax by June 1 each year, and nothing else is filed.
When is my first $400 payment due?
By June 1 of the year after your LLC is formed. There's no proration, so an LLC formed in December still pays the full $400 for that year.
Will my name be public?
Not as an owner. The certificate asks only for the LLC's name and registered agent, and no annual report is filed. The person who signs the certificate is named on it, and that can be us.
Is Delaware the right state for my LLC?
If you live in the US and work from one state, usually not: you'd likely have to register in your home state as well and pay both states every year, so we'd usually form it at home for you. Founders abroad often compare Delaware with Wyoming and New Mexico on yearly cost.