To start an LLC in Delaware, appoint a registered agent with a Delaware street address and file a Certificate of Formation with the Delaware Division of Corporations. The filing fee is $110, and every Delaware LLC then pays a flat annual tax, listed by the Division at $400 and due by June 1 each year (as of October 2026). There’s no annual report to file.
Delaware’s reputation comes from its business-friendly LLC statute and its specialized Court of Chancery, not from low fees. If you’ll actually run the business somewhere else, you’ll usually have to register the Delaware LLC in your home state too, so read the section on that before you decide.
Updated October 2026.
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Best LLC Formation Services in Delaware (2026)
Comparing services for forming an LLC in Delaware? Start with this ranked shortlist; details for each pick follow the table.
| Rank | Provider | Best for | Price | What’s included |
|---|---|---|---|---|
| 1 | Mainstay Filing | Forming an LLC with the agent, EIN and annual report included | $199/year + state fee at cost | LLC formation filing, registered agent for the year, EIN application, annual report preparation and filing |
| 2 | DE Registered Agent.org | Delaware registered agent service only | $99/year | $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
| 3 | Delaware Registered Agent.ai | Delaware registered agent service only | $99/year | in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
1. Mainstay Filing
Mainstay Filing is our top pick in Delaware. It costs $199/year + state fee at cost and covers lLC formation filing, registered agent for the year, EIN application, annual report preparation and filing. The price stays the same every year, with no add-on menu.
2. DE Registered Agent.org
DE Registered Agent.org is a Delaware registered agent service at $99/year. It provides $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
3. Delaware Registered Agent.ai
Delaware Registered Agent.ai is a Delaware registered agent service at $99/year. It provides in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
Delaware LLC at a glance
| Item | Delaware (as of October 2026) |
|---|---|
| Filing office | Delaware Division of Corporations (Department of State) |
| Formation document | Certificate of Formation |
| Filing fee | $110 |
| Expedited service | Next-day and same-day options cost extra; 2-hour service is $500 and 1-hour service is $1,000 |
| Name reservation | Optional; $75 for 120 days |
| Annual obligation | Annual LLC tax due June 1; no annual report |
| Late payment | $200 penalty plus 1.5% interest per month on tax and penalty |
| Registered agent | Required; physical street address in Delaware |
| Publication | Not required |
Formation and reservation fees come from the Division’s August 2026 fee schedule; tax details come from its LLC tax instructions. For a combined view of state and service costs, see Mainstay Filing’s Delaware LLC costs.
Should you form your LLC in Delaware?
Delaware suits some businesses better than others. Venture-backed startups, holding companies and businesses with investors in several states often choose it for its well-developed case law and flexible LLC Act.
For a local business, such as a shop, a consultancy or a rental property in another state, a Delaware LLC usually means paying twice. The LLC owes Delaware’s annual tax and keeps a Delaware registered agent, and it also has to register as a foreign LLC in the state where it operates, which brings that state’s fees and reports too. If that describes you, compare our guide for your home state before filing here.
Step 1: Choose and check your LLC name
The Division’s Certificate of Formation instructions say the name must include “Limited Liability Company,” “L.L.C.” or “LLC.” It also has to be distinguishable from names already on the Division’s records.
For ideas, the namechk business name generator creates name lists from your keywords. Check availability in the Division’s entity search, and use our Delaware business name search guide for search tips. A Delaware name reservation costs $75 and lasts 120 days.
Search the USPTO trademark records as well, especially if you plan to sell nationally, and check matching domains and social handles on namechk.
Step 2: Hire a Delaware registered agent
Delaware law requires every business entity to maintain a registered agent with a physical street address in Delaware. The agent can be a Delaware resident or a business authorized to do business in the state, and a business physically located in Delaware can act as its own agent.
Since most Delaware LLC owners live elsewhere, nearly all of them use a commercial agent. The Division itself works closely with registered agents and publishes a list of agents on its site. Mainstay Filing includes registered agent service for the first year when it forms your Delaware LLC. Our Delaware registered agent guide explains what the agent does and how to change agents later.
Step 3: File the Certificate of Formation
Delaware’s Certificate of Formation is one of the shortest formation documents in the country. The Division’s sample form asks for only:
- The LLC’s name
- The registered office street address in Delaware and the registered agent’s name
- The signature and printed name of an authorized person
You can submit the certificate with a filing cover memo and the $110 fee through the Division’s document filing service or by mail, or have your registered agent file it for you. Additional details that the statute allows can be added by drafting your own certificate.
Expedited options
Delaware sells speed. According to the Division’s expedited services page, next-day service for filings ranges from $50 to $100, same-day service from $100 to $200, 2-hour service costs $500 and 1-hour service costs $1,000, all on top of the filing fee.
Step 4: Write a Delaware operating agreement
Delaware’s LLC Act gives members wide freedom to set their own rules, and the operating agreement (Delaware calls it an LLC agreement) is where you use that freedom. It isn’t filed with the state, but it governs ownership, management, voting, distributions, transfers and dissolution.
If you chose Delaware for investors or flexibility, the agreement is the reason, so have it drafted carefully. Even single-member LLCs should sign one to reinforce the separation between owner and business.
Step 5: Get an EIN
Apply for an Employer Identification Number from the IRS once the Certificate of Formation is filed. It’s free online and needed for banking, payroll and multi-member tax returns.
FinCEN’s beneficial ownership page says U.S.-formed companies, including Delaware LLCs, are exempt from BOI reporting under the final rule effective August 2026.
Step 6: Pay the annual LLC tax by June 1
Delaware LLCs don’t file an annual report. Instead, every domestic and foreign LLC registered in Delaware pays a flat annual tax, due on or before June 1 for the prior year. The amount rose from $300 to $400 starting with tax year 2026 under House Bill 400, and the Division’s tax instructions now list $400. It isn’t prorated: an LLC that is active on the records at any point during the calendar year owes the full amount.
Missing the deadline adds a $200 penalty plus 1.5% interest per month on the tax and penalty. Pay online through the Division’s tax portal, and budget for the tax every year, including the year you form.
Step 7: Licenses and foreign registration
If your LLC does business in Delaware, it generally needs a Delaware business license from the Division of Revenue, and the state’s Business First Steps site walks through licensing and tax registration.
If it operates in another state instead, register it there as a foreign LLC before you start doing business. That state will have its own filing fee, registered agent requirement and annual report.
Delaware LLC FAQs
How much does it cost to form an LLC in Delaware?
The Delaware Division of Corporations charges $110 to file a Certificate of Formation for a domestic LLC, according to its August 2026 fee schedule. Expedited processing costs extra. Every Delaware LLC also pays an annual tax by June 1, which the Division’s tax instructions list at $400, and it needs a Delaware registered agent.
Do Delaware LLCs file an annual report?
No. The Delaware Division of Corporations states that LLCs, LPs and GPs are not required to file annual franchise tax reports. Instead they pay a flat annual tax on or before June 1. Late payment adds a $200 penalty plus 1.5% interest per month on the tax and penalty.
Can I form a Delaware LLC if I don’t live in Delaware?
Yes. Owners don’t need to live in Delaware, but the LLC must keep a registered agent with a physical street address in the state. Most non-resident owners hire a commercial registered agent. If the LLC does business in another state, it will usually need to register there as a foreign LLC as well.
Is a Delaware LLC better than an LLC in my home state?
It depends on the business. Delaware’s flexible LLC Act and Court of Chancery appeal to venture-backed companies and multi-state investors. A local business usually pays more with a Delaware LLC, because it owes Delaware’s annual tax and agent fees plus foreign registration costs in the state where it actually operates.
How long does a Delaware name reservation last?
A Delaware name reservation holds a name for 120 days and costs $75, according to the Division of Corporations. Reservations can be made online through the Division’s name availability service or in writing, and all transactions are non-refundable. Reserving is optional if you’re ready to file.
How fast can a Delaware LLC be formed?
Delaware offers paid expedited services. The Division lists next-day service for filings at $50 to $100 and same-day service at $100 to $200, with 2-hour service at $500 and 1-hour service at $1,000, all on top of the $110 filing fee. Without expediting, processing times vary with volume.
Does a Delaware LLC need a business license?
A Delaware LLC that does business in Delaware generally needs a Delaware business license from the Division of Revenue, and some activities need additional permits. An LLC formed in Delaware but operating only in another state follows that state’s licensing rules instead. Delaware’s Business First Steps site lists the requirements.
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