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Delaware state guide · Formation

How to form a
Delaware LLC

Forming a Delaware LLC is a filing, not a ceremony. Here is the actual process — what gets submitted to the Delaware Division of Corporations, how long approval takes, and what arrives in your inbox when it's done.

Filing agencyDelaware Division of Corporations
State filing fee$90
Typical approval3–5 business days
Franchise tax$300 by June 1

The filing, in plain English

A Delaware LLC is created when the Delaware Division of Corporations accepts your Certificate of Formation and issues a certificate. Everything else — the EIN, the operating agreement, the bank account — happens around that central act. Our $299 flat service walks through all of it; you pay the Delaware filing fee of $90 separately, directly to the state.

Most founders forming a single-member Delaware LLC are done in 3–5 business days of standard processing time. Multi-member filings take about the same; the additional complexity lives in the operating agreement, not at the state.

Delaware note

Delaware LLCs pay a flat $300 annual franchise tax to the Division of Corporations, due by June 1 every year. There is no annual report for LLCs — just the tax. Delaware's Court of Chancery is the reason most venture-backed holdcos pick Delaware: a specialized business court with a deep, century-old body of case law that makes outcomes predictable.

The six steps we take

  1. I.

    Confirm your name is available

    We check your chosen LLC name against the Delaware Division of Corporations database before anything is submitted. If the first choice is taken, we call before filing — we do not submit a filing you did not authorize.

  2. II.

    Draft the Certificate of Formation

    A formation specialist prepares the Articles to Delaware's exact format, with your members, registered agent, principal office address, and effective date.

  3. III.

    Submit electronically

    Filed through the Delaware Division of Corporations's online system. Your Delaware registered agent of record is our Dover office for the first year.

  4. IV.

    Delaware approves the LLC

    Approval typically arrives in 3–5 business days. We watch the queue daily and forward the stamped certificate the moment it clears.

  5. V.

    We obtain the EIN

    Once the LLC is approved, we file SS-4 with the IRS to get your Employer Identification Number — the federal tax ID you need to open a business bank account.

  6. VI.

    We deliver the bank-ready packet

    Stamped certificate, EIN letter, custom operating agreement drafted to your ownership structure, and your registered agent confirmation. You sign the operating agreement and open the account.

What you need to have ready

Before we file, we need a handful of decisions from you. None of them are heavy, but we have to confirm each one on the reservation call:

  • A Delaware LLC name — ending in "LLC," "L.L.C.," or "Limited Liability Company," distinguishable from other Delaware entities.
  • A principal office address — home, commercial, or mail-forwarding. Becomes part of the public record.
  • Members — the individuals or entities that own the LLC. Delaware allows single-member LLCs.
  • Management structure — member-managed (most common) or manager-managed. We draft the operating agreement to match.
  • An effective date — either immediately on approval, or a future date if you want a January 1 start for tax reasons.

What's included in the $299 flat fee

State filingCertificate of Formation, by a formation specialist
EIN includedFederal tax ID, issued by the IRS after approval
Operating agreementDrafted to your ownership structure — not a template
Registered agentOne year included in Delaware, Dover on file

The $299 is a flat service fee for everything on our side. Delaware's state filing fee of $90 is paid directly to the Delaware Division of Corporations and is the same whether you file with us or on your own. There are no upsells — no basic, plus, or premium tiers. One price, four things.

Ready to form in Delaware?

$299 flat, plus Delaware's $90 state fee.

Reservation takes three minutes. A formation specialist in Dover handles the rest.

Start your Delaware filing