How to Start an LLC in Delaware
Starting an LLC in Delaware is popular for the privacy protections and streamlined processes available in the state to business owners. To form one, you need a business name, a registered agent, and to fill out and submit a Certificate of Formation to the Delaware Division of Corporations for $110. You’ll have to pay a yearly fee of $300 to renew your LLC.
Create a DE LLC in 6 Steps:
Step 1: Name Your Delaware LLC
You’ll need a business name that meets Delaware’s business regulations. Below are the main points you need to consider when choosing your business name:
- Does your name comply with Delaware’s naming requirements? Your name must include an entity identifier, like “LLC,” or “L.L.C.,” or the words “Limited Liability Company.” It must also be completely unique in the state, or at least, not too similar to other active business names.
- Is your name unique in Delaware? If another business is using the name you want, or one close to it, your paperwork will be rejected. You’ll want to check the availability of your chosen name via Delaware’s Business Records Search.
- Can your name be trademarked? If you want to protect your business name from being used by others nationwide, you’ll need to have it federally trademarked. You can hire us to register a trademark when you order a DE LLC formation. Our attorney-led service includes a clearance search and troubleshooting recommendations.
- Is your name available as a domain name? While you don’t necessarily need an exact match for your business name and domain name, getting close (or choosing a domain name that complements your business name) is recommended for building a recognizable brand.
Can an LLC go by a different name in Delaware?
Yes, as long as you file a Registration of Trade, Business & Fictitious Name Certificate with the Prothonotary’s office in your county ($25). You’ll need to do this if you plan to do business under a name other than the one on your LLC’s registration paperwork.
Step 2: Choose a Delaware Registered Agent
Once you have a business name, you can appoint your registered agent. This is the individual or business you appoint to be available (in person) to accept legal mail. Registered agents guarantee the public a reliable way to contact your business if you, the owner, aren’t available.
Appointing a registered agent is legally required in Delaware. At a minimum, your registered agent must:
- Have a physical address in Delaware
- Be present at that address during business hours
- Accept and forward legal notices to your business
While any individual who meets these requirements can be a registered agent, a professional registered agent can usually provide a lot more in terms of help setting up your business and protecting your privacy.
Step 3: File DE Certificate of Formation
Once you have your business name and your registered agent’s information, you can move on to the paperwork that forms your LLC: the Certificate of Formation. Below you’ll find all the information needed to complete the LLC application:
1
Business Name
This will need to be unique in Delaware and include a designator like “LLC” or “Limited Liability Company.”
2
Registered Agent
The name of the person or company that’ll receive legal mail on behalf of your business.
3
Registered Office
The Delaware physical address (no PO boxes allowed!) of your registered agent.
4
Authorized Person
This is just whoever is filling out and submitting your paperwork. When you hire us, we put our information here.
The Certificate of Formation is a public document, which means anything you list here will go on the public record. We recommend minimizing the use of personal information (like home addresses).
Why are so many LLCs formed in Delaware?
Delaware’s statutes provide robust privacy protection for LLC owners. Unlike most states, Delaware does not require an LLC to publicly disclose any personal information about its members or managers.
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Step 4: About the Delaware LLC Franchise Tax
Delaware charges a $300 Franchise Tax for the privilege of doing business in the state, due June 1st every year. You can pay this tax online via the Delaware Division of Corporations using the Business Entity File Number assigned to your business. If you fail to pay, you’ll start accruing penalties, starting with $200.
To pay the DE Franchise Tax, or to check to see how much you need to pay, you can login to the Delaware Corporations Information System (DCIS) using your Business Entity File Number. You will find your file number on state record using the Business Entity Search site.
Step 5: Set Up Business Operations
Once your Certificate of Formation is approved by the Delaware Division of Corporations, you have an LLC. But you’ll need to do a little more to get your LLC ready for business.
Draft an operating agreement.
Getting an operating agreement on file for your LLC is very important. An operating agreement is a contract outlining how your LLC votes, transfers ownership, handles disputes, allocates profits and losses, and more. When you hire us, we’ll provide a Delaware-specific operating agreement for your LLC, written by our attorneys, that you can use as-is or customize to suit your LLC’s needs.
Get an EIN.
This is a tax ID you can get through the IRS online. You’ll need one when you open your business bank account and to hire employees.
Open a business bank account.
Your LLC will need a business bank account where members can make initial contributions. This will help you keep your personal money separate from your LLC’s money (a crucial step in maintaining your limited liability status).
Obtain licenses and permits.
Delaware requires all businesses to get a general business license. You can apply for one online using Delaware OneStop, or mail in the Delaware Combined Registration Application (CRA). You can also call (302) 577-8778 and have the CRA form emailed to you. To see if the nature of your business will require other special state or local licenses or permits, contact the DE Division of Professional Regulation to make sure your business is operating legally.
Step 6: File BOI Report
The Beneficial Ownership Information (BOI) Report is a mandatory federal filing that discloses ownership information to the federal government. The BOI Report is a result of the Corporate Transparency Act, which aims to combat money laundering and other illicit activity. Businesses formed in 2024 have 90 days from registration to file their BOI Report. In 2025, that window shrinks to 30 days. We can take care of this requirement for you when you hire us to form your LLC.
Frequently Asked Questions
Can I start an LLC in Delaware if I don’t live there?
Yes. You’ll need a registered agent with a physical address within the state, but Delaware has no requirements that the LLC’s owners live in the state.
How do I get a business email address?
When you hire us to act as your registered agent or start an LLC, we’ll provide up to ten email addresses ending in the domain name of your choosing for $5 per month.
Should my domain name match my business name exactly?
Not necessarily. If your business name is short, memorable, and available as a domain name—then definitely register your domain name as soon as possible.
But if your business name is long or difficult to spelll (for example, “Geraldine’s Botanic Garden Supplies”), then you might be smart to go with something shorter and easier to type in (like “GeraldinesGarden.com”). The most important consideration is that your domain name and your business name complement each other in some way.
How do I contact the Delaware Secretary of State?
If you have questions about your business, you can contact the Delaware Secretary of State in the following ways:
Phone: 302-739-3073
Fax: 302-739-3812
Email: [email protected]
Mailing address:
PO Box 898
Dover, DE 19903
Physical address:
401 Federal Street – Suite 4
Dover, DE 19901