Forming a limited liability company in Delaware is straightforward once you know what the Delaware Secretary of State actually requires. The state filing fee is $90, standard processing runs 3-5 business days, and Delaware is one of the more affordable states to form an LLC with one of the steeper annual maintenance costs in the country. This page walks through every step, the real costs involved, and where we fit in.
An LLC — limited liability company — is a business entity registered with the Delaware Secretary of State that separates your personal assets from your business liabilities. If the business gets sued or runs into debt, your personal bank account, home, and other assets are generally protected, as long as you've kept the LLC and your personal finances properly separated.
In Delaware, LLCs are the most common entity type for small businesses, freelancers, real estate investors, and side-hustle operators. They give you liability protection without the paperwork and governance overhead of a corporation. Taxes pass through to the owners' personal returns by default, which keeps things simple.
Here's the straight money breakdown:
Important Delaware-specific notes: LLCs pay $300 annual franchise tax (due June 1), not a traditional annual report. No annual report filing required. Expedited tiers: 24-hour $50, same-day $200, 2-hour $500, 1-hour $1,000. $200 penalty + 1.5%/month interest for late payment.
Delaware charges $300 per year for the annual report. Missing the deadline typically leads to late fees and eventually administrative dissolution if the filing isn't brought current.
Your LLC name needs to include "Limited Liability Company," "LLC," or "L.L.C." somewhere in it. It also has to be distinguishable from every other business name already on file with the Delaware Secretary of State. Before you get attached to a name, search the state's business entity database to make sure it's available.
Avoid anything that suggests your LLC is a bank, insurance company, or government agency unless you actually are one — Delaware (and every other state) takes that seriously.
Delaware requires every LLC to have a registered agent with a physical street address in the state. This person or company accepts legal documents, tax notices, and official correspondence on behalf of your LLC. You'll list the registered agent name and address on your Articles of Organization, and that address goes on the public record.
Delaware lets you serve as your own registered agent, but there are real downsides. Your home or business address goes on the public record at the Delaware Secretary of State. Process servers can show up at that address during business hours. You have to be available in person to accept documents during normal business hours — no vacations, no long meetings off-site. And if you ever miss a service of process because you weren't there, the lawsuit can proceed without your knowledge. A professional registered agent solves all of this.
This is the actual formation step. You file Articles of Organization — sometimes called a Certificate of Formation — with the Delaware Secretary of State and pay the $90 filing fee. The document includes your LLC name, principal address, registered agent name and address, management structure (member-managed or manager-managed), and the names of organizers.
Most states now offer online filing through the Delaware Secretary of State website (https://corp.delaware.gov/). Online filing is faster and usually a few dollars cheaper than mailing paper.
Standard processing in Delaware takes approximately 3-5 business days. Need it faster? Expedited processing costs $200 and typically drops the turnaround to Same day.
Delaware does not require you to file an operating agreement with the state, but you should absolutely have one. It's the internal rulebook for your LLC: who owns what percentage, how profits are split, how decisions get made, what happens if a member wants out. Banks will often ask for it when you open a business account. Courts look at it if there's ever a dispute. And if you don't have one, Delaware's default rules apply — which may or may not match what you actually want.
An Employer Identification Number (EIN) is the federal tax ID for your LLC. You need one to open a business bank account, hire employees, and file federal taxes. It's free to get — apply directly at IRS.gov and you'll typically receive your EIN immediately.
Never pay a third-party service to get you an EIN. The IRS application takes about ten minutes.
Forming the LLC is just the start. To keep it in good standing with the Delaware Secretary of State, you need to:
Miss the registered agent requirement or skip the annual report, and the Delaware Secretary of State can administratively dissolve the LLC. You lose the liability protection until you bring things current.
Every Delaware LLC needs a registered agent — there's no way around it. The registered agent has to:
Most people form an LLC to protect themselves — their home address, their privacy, their weekends. Listing your own address as the registered agent undoes a lot of that protection. It becomes public record. Anyone can look it up. Process servers show up there. Marketers mail there.
We handle this for $99/year. Our Delaware address goes on your filings instead of yours. When documents arrive, we scan them and forward them to you the same day. You get compliance reminders ahead of state deadlines. And you can keep your actual address off the public record where it belongs.
The state filing fee to form an LLC in Delaware is $90. That's one of the more affordable states to form an LLC. On top of that, plan for $300 each year in annual report fees.
Standard processing runs 3-5 business days. If you pay $200 for expedited service, you can usually get to Same day.
Yes, every year. The fee is $300.
Yes. Every LLC registered with the Delaware Secretary of State is required to maintain a registered agent with a physical Delaware address. This is true from the moment you file your formation documents and remains true for as long as the LLC exists.
Yes. You don't have to be a Delaware resident to form a Delaware LLC. You do, however, need a registered agent with a physical Delaware address — which is exactly what we provide for $99/year.
You can form your Delaware LLC yourself by filing directly with the Delaware Secretary of State. The forms are available at https://corp.delaware.gov/, and the state fee is $90. What you can't skip is the registered agent requirement — every LLC needs one.
We're the registered agent service you can put on your Delaware LLC formation documents today. Just $99/year, Delaware address on your public filings, same-day document forwarding, and annual report reminders so you never miss a deadline.
Get Started — $99/year
Questions about forming an LLC in Delaware or how our registered agent service works? Check our FAQ page or reach out Monday through Friday.