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
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 a Delaware LLC Yourself in Six Steps
On this page
How To Guide
Step 1: Choose a Unique Business Name and Complete a State Business Search
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 Bizee’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.
Step 2: Provide an Official Business 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.
Step 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 Bizee’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.
Step 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).
The certificate must include:
- Name of your LLC
- Registered agent and contact information
- Name and signature of the authorized organizer
File by Mail
Division of Corporations
John G. Townsend Building
401 Federal Street, Suite 4
Dover, DE 19901
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.
Let Bizee Handle All the Paperwork for You for $0 + the Delaware State FeeForm Your LLC Now for Free
What are the Fees and Requirements to Form a Business in Delaware?
State Filling Time
Expedited Filing Time
2 Business Days
Delaware Franchise Tax
Step 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 Bizee obtain one for you as part of the Delaware LLC formation process.
Step 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 Bizee, we think it’s still a good idea to have one regardless.
Receive a Personalized Operating Agreement When You Select Bizee’s Gold or Platinum PackageForm Your LLC Now
Other Delaware LLC Types
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.
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
More Information in This Guide
You’ll find plenty more insight and guidance on the other pages of this guide, including:
How to Name Your Delaware LLC
How to search the Delaware business registry and find the right name. Includes information on naming rules, DBA names, reserving a Delaware LLC name, and more.
Delaware Registered Agents
How to appoint, change, and search for Registered Agents. Also includes the rules they’re required to follow.
Delaware LLC Fees and Requirements
How to understand the various fees you’ll need to pay and the state and federal requirements you’ll need to meet. Includes details of Employer Identification Numbers (EINs), state and federal business licenses, annual reports and more.
Delaware Business Tax Rules
How to understand the various taxes you will need to pay to the state and federal governments. Includes details of state taxes such as sales and income, and federal taxes such as income and self-employment.