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 Delaware LLC in 5 Steps:

1. Name your Delaware LLC
2. Choose a Registered Agent
3. File Certificate of Formation
4. Set up Business Operations
5. File BOI Report
6. Pay Delaware LLC Franchise Tax

Step 1: Name Your Delaware LLC

You’ll need a business name that meets Delaware’s statutes. Basically, your LLC name must:

• Be unique in Delaware. If another business is using your name, or one close to it, your paperwork will be rejected. You’ll want to check via Delaware’s Business Records Search.
• Include an entity identifier like “LLC” or “Limited Liability Company.”

Those are the rules, but if you’re forward-thinking, you should also check that your business name is available as a domain name or if it’s federally trademarked. 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.

How can you check if your LLC name is available in Delaware?

Do a quick search on Delaware’s Business Search and see if your business name (or one similar to it) is being used by another business in the state.

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 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.

Can I be my own registered agent in Delaware?

If you meet the requirements, you can be your own registered agent in Delaware. But if you do, you’ll have to list your street address on the public record.

Step 3: File 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.

• LLC Name. This will need to be unique in Delaware and include a designator like “LLC” or “Limited Liability Company.”
• Registered Agent. The name of the person or company that’ll receive legal mail on behalf of your business.
• Registered Office. The Delaware physical address (no PO boxes allowed!) of your registered agent.
• 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.

Step 4: 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).
• Register a domain name. Even if you’re not ready for a website, it’s best to lock down your business URL now, while it’s available. When you hire us to form your LLC or act as your registered agent, we include a domain name free for a year.

How much does an EIN cost?

Applying for an EIN with the IRS is free and only takes a few minutes.

How do I write a Delaware operating agreement?

We recommend that you don’t, as it’s a complex document with legal implications for your business that you might not be able to anticipate (unless you’re a lawyer). You can hire a lawyer, find a template online, or use the one our attorneys wrote for Delaware LLCs (included with business formation).

Step 5. 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. In 2024, you 90 days from registration to file your 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.

Step 6. Pay 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.

Frequently Asked Questions