form an LLC in delaware

How to Start a Delaware LLC

Delaware LLC Formation – Basics & Helpful Information

This article is meant to be a general overview of the Delaware LLC formation process; including information about how to start a Delaware LLC and other basic issues related to Delaware LLCs.

Delaware LLC Filing Fees

The Delaware filing fee for a domestic LLC Certificate of Formation is $90. Delaware has 4 levels of expedited service:

  • 1 Hour = $1,000
  • 2 Hour = $500
  • Same Day = $100
  • 24 Hour = $50

Delaware LLC Filing Time

If the Certificate of Formation is received by the state of Delaware office in proper form and all required fees are paid when received, regular work takes on average between 10-15 business days to process. Due to large amounts of work received in March, June, and December, processing time can be 3-4 weeks. You can pay extra to have the Certificate of Formation processed faster (see expediting fees above).

Delaware LLC Annual Compliance Requirements

LLCs formed in the State of Delaware do not have to file an annual report. Delaware LLCs are, however, required to pay a flat annual tax of $300 no later than June 1st of each year. Failure to pay the annual tax timely will result in a late fee of $200.00 (+ interest at 1.5% per month thereafter).

Form an LLC in Delaware

You can use this checklist to help guide you through the process of forming a Delaware LLC:

Step 1: Decide on a Business Name

Step 2: Register your LLC with the State

Step 3: Create and Sign the LLC's Governing Document

Step 4: Get an EIN

Step 5: Obtain Required Licenses and Permits

Registering a Foreign LLC in Delaware