How to Start an LLC in Delaware

Why Create a Delaware LLC?

Within the state of Delaware, business owners can take advantage of various incentives and credits, provided your LLC meets the specific criteria. For example, Delaware offers new businesses the opportunity to apply for an EDGE Grant. The EDGE Grant program gives qualified small businesses in Delaware an edge by offering access to significant capital like never before. For entrepreneurs wanting to start a business in Delaware, creating a Delaware limited liability company (LLC) is generally the fastest and easiest way. With more simplified rules and regulations, an LLC is an ideal business entity for startups and small to medium-sized businesses, granting you the advantages and protections that larger Delaware corporations benefit from.

Benefits of starting a Delaware LLC:

• Easily file your taxes and discover potential advantages for tax treatment

• Create, manage, regulate, administer and stay in compliance easily

• Protect your personal assets from your business liability and debts

• Low cost to file ($115)

Learn more about the benefits of the LLC business structure.

In this detailed guide, you’ll find information on naming your LLC, getting a Registered Agent, the fees you’ll need to pay, Delaware business taxes and much more. We also cover your registration needs, filing your Delaware LLC and how you'll correspond with the Delaware Division of Corporations.

How to Form an LLC in Delaware Yourself in 6 Steps

1

Complete a Delaware LLC Search and Choose a Unique Business Name

To start the process, you’ll need a name for your LLC that’s original and stands out, but one that’s not used by any other business or corporation in the state. If you’re having trouble coming up with a name, try using Incfile’s Business Name Generator to brainstorm ideas. You'll also need to follow a few naming rules, which you can read about in detail on the Delaware Business Names page.

Once you’ve chosen a name, you’ll need to make sure it’s available in Delaware. To find out whether another company in the state is already using your desired business name, use our tool to do a business name search. You can also carry out an entity name search via the Delaware Division of Corporations’ online business entity search.

2

Provide an Official Address for your LLC

Regardless of whether your business is in an office building, a home (if the company is run from a residence) or any other physical location, every Delaware LLC must have a designated street address. It can be located outside the state of Delaware, but it cannot be a P.O. Box.

3

Assign a Registered Agent

A Registered Agent is someone who receives official legal and tax correspondence and is responsible for filing reports with the Delaware Division of Corporations. Every LLC in Delaware is required to have a Registered Agent.

This position can be filled by you, another manager in your business or a dedicated Registered Agent service. If your Delaware Registered Agent is a person, they must have a physical street address in Delaware and must be present during business hours to receive important documents on behalf of your business. In Delaware, you appoint your Registered Agent when you file your Articles of Formation and formally create your Delaware LLC.

All of Incfile’s packages include Registered Agent service. It’s free for the first year and just $119 per year after that. You can also log in to our dashboard and easily view any document we've received on your behalf.

4

File Your Articles of Formation with the Delaware Division of Corporations

Once you've gathered all the information for your LLC, you’ll need to file Articles of Formation with the Delaware Division of Corporations (DOC).

To file your Articles of Formation with the Division of Corporations, you can either use the DOC's document upload service or mail your forms to the DOC. The Delaware LLC filing fee is $115.

You only need to file your Articles of Formation once, but Delaware requires all LLCs to pay an annual franchise tax every year. The set fee of this tax is $300. Incfile can either remind you to do it, or we can do it for you.

What are the fees and requirements to form a business in Delaware?

5

Get an Employer Identification Number (EIN) from the Internal Revenue Service

You’ll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes or when submitting payroll information and payments for your employees. An EIN is also required to open a business bank account. You can obtain one directly from the IRS, or you can have Incfile obtain one for you as part of the Delaware LLC formation process.

6

Create an Operating Agreement

An LLC Operating Agreement is a kind of "instruction manual" that explains how you'll run your business, and details key components of your business. For example, how decisions will be made, how the business is divided among members and what will happen if a member leaves the company.

Although some states require that a company have this document in place, Delaware does not mandate that you are required to have an LLC Operating Agreement. At Incfile, we think it’s still a good idea to have one regardless.

Other Delaware LLC Types

Professional LLC

Professional Limited Liability Companies (PLLCs) are different from professional corporations in that they typically have licensing requirements applicable to certain fields, such as law and medicine. In order to form a PLLC, you may need a state license to practice.

Learn more about PLLC vs. LLC and which one is right for your business.

Foreign LLC

If your business is already operating in another state and expanding to Delaware—or vice versa—you’ll need to form a Foreign LLC.

Learn more about Delaware Foreign LLC registration.

Helpful Resources from the State of Delaware