Forming a Delaware LLC in 2026
Dependable registered agent service throughout Delaware — $99 annually. That fee covers the office address, scanning of legal correspondence, and reminders for state filings.
Opening an LLC in Delaware is more procedural than complicated: one certificate to file, one agent to keep on record, and a short list of yearly obligations after that. The state filing fee is $110, paid to the Division of Corporations, and paid expedite tiers exist for filers in a hurry. Below: the document itself, the fee breakdown, the steps in order, and where our $199 service fits.
Set Up Your Delaware LLC — $199
$199 covers everything from drafting to filing through the Delaware Division of Corporations, with the certificate prepared correctly the first time.
Why Form an LLC in Delaware
A LLC entity is a flexible business form that limits owner liability while keeping tax filing relatively simple. Throughout Delaware, you'll find LLCs across independent professionals, rental property holders, side-business operators, and small consultancies — the entity is light on paperwork and easy to maintain.
The Delaware LLC Filing Fee: $110 Total
Delaware charges $110 to file a Certificate of Formation. Two numbers float around because the statute and the invoice differ: § 18-1105(a)(3) of the LLC Act sets a $70 statutory component, and the Division of Corporations collects $110 in total once the remaining statutory assessments are added at filing. The $110 figure on the Division's official form packet and fee chart is the amount actually due, so treat $70 as legislative trivia and budget $110.
| What | Amount |
|---|---|
| LLC formation service (ours) | $199, one-time |
| Delaware state filing fee (Certificate of Formation) | $110, one-time |
| Registered agent, mandatory for every Delaware LLC | $99 per year |
| Flat annual LLC tax (Delaware has no annual report) | $300, due June 1 |
$199 is the filing service. State fees go to the Delaware Division of Corporations. The agent service is $99/year on its own.
One compliance note up front: the recurring obligation for a Delaware LLC is a flat annual tax due June 1, not an annual report. The flat amount is $300 through tax year 2025 and $400 from tax year 2026 forward under House Bill 400, enacted May 21, 2026. Missing June 1 adds a $200 penalty plus 1.5% interest per month.
The Certificate of Formation (Delaware's Articles of Organization)
Most states call the founding document Articles of Organization. Delaware calls it the Certificate of Formation of a Limited Liability Company, and it carries no form number because the Division of Corporations does not number its forms. Under 6 Del. C. § 18-201, the certificate must be executed by "1 or more authorized persons" and filed with the Secretary of State's office, which in practice means the Department of State's Division of Corporations. The content is minimal: entity name, registered agent name, Delaware registered office address, and the authorized person's signature. The state publishes the official certificate packet as a PDF; the statutory text lives at delcode.delaware.gov.
Delaware LLC Formation Steps for 2026
- Clear the name. Delaware wants an LLC designator in the name and no conflict with any entity already on the state's rolls. Search the Division of Corporations entity database before printing anything. Restricted terms implying banking, insurance, or government status stay off the table unless you hold the corresponding license.
- Lock in a registered agent. No Delaware LLC operates without one: an in-state physical address, staffed through business hours, recorded in the public entity database. Our Delaware office fills the role for $99 a year, which keeps your own address out of the state's records.
- Execute and file the Certificate of Formation. An authorized person signs the certificate, and it goes to the Division of Corporations with the $110 fee. Standard submissions wait in the Division's regular queue; Delaware's expedited tiers (24-hour $50, same-day $200, 2-hour $500, 1-hour $1,000) compress the wait for a price.
- Write the operating agreement. Delaware never sees this document, but your bank, your co-members, and any future dispute all will. It fixes ownership percentages, distribution mechanics, management authority, and exit terms. Skip it and the LLC Act's generic defaults control instead.
- Get the EIN. The federal tax ID comes free from IRS.gov in roughly ten minutes online, issued instantly at the end of the application. Any service selling EIN "processing" is charging for a form the IRS gives away.
- Run the annual compliance loop. Keep the registered agent current without lapse, pay the flat annual LLC tax by each June 1, keep entity finances walled off from personal ones, and file federal and state taxes on schedule. Let compliance slide and the entity forfeits good standing, with cancellation by the state at the end of that road and no liability shield in the meantime.
Rather skip the paperwork? $199 buys our complete filing service for Delaware LLCs.
The Delaware Registered Agent Rule
Every Delaware LLC needs a registered agent from the day it forms until the day it dissolves. Under 6 Del. C. § 18-104 the agent must:
- Maintain a genuine Delaware street address (§ 18-104(e) bars agents operating solely through virtual offices or mail forwarding, and a PO box never qualifies)
- Stay generally available at that address during business hours for service of process
- Move legal mail and state notices to you fast enough that deadlines survive
Delaware adds a twist most states lack: the statute permits the LLC to serve as its own agent. The privacy math usually argues against it, since the agent address is public, and an out-of-state owner cannot satisfy the office requirement anyway. Listing our Delaware office instead runs $99 a year and keeps your personal address off the record.
Delaware LLC FAQ
What is the Delaware state filing fee for an LLC?
$110, collected by the Division of Corporations when the Certificate of Formation is filed. The recurring charge afterward is the flat annual LLC tax due each June 1.
How long does it take to form an LLC in Delaware?
The Division works standard filings in the order they arrive and publishes no fixed turnaround. Guaranteed speed is purchasable: 24-hour $50, same-day $200, 2-hour $500, 1-hour $1,000.
Does Delaware require an annual report?
No, not for LLCs. The yearly obligation is a flat annual tax due June 1, with a $200 penalty plus 1.5% monthly interest once it goes late. Corporations, by contrast, do file an annual report.
Do I need a registered agent for my Delaware LLC?
Yes — Delaware LLCs are required to have a registered agent at all times. The requirement begins at formation and lasts as long as the LLC exists.
Can I form an LLC in Delaware if I live in another state?
Yes. The agent piece still has to be Delaware-based — we supply that role for $99 a year. Delaware doesn't restrict LLC ownership to residents.
File Your Delaware LLC Today
Nothing stops you from filing directly: download the state's certificate packet, submit it to the Division of Corporations, and pay the $110 fee. The registered agent requirement applies no matter who prepares the filing.
Our registered agent product is what you list on the formation paperwork. Pricing: $99 annually — includes our Delaware address on the filing, same-day mail scans, and compliance notifications.
Need only a registered agent? Our registered agent service is $99 annually on its own.
Need help with Delaware LLC formation or about the agent service? Check the FAQ or contact us any weekday.
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