2026 Official Guide

How to Start an LLC in Delaware

The complete guide to filing fees, Division of Corporations forms, and requirements.

Filing Fee

$90

Processing Time

1-2 business days

Compliance

Annual Report

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Step 1: Choose Your Business Type

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1Name Your Delaware LLC

The first listing requirement is ensuring your business name is unique. It must be distinguishable from other entities registered with the Division of Corporations. You must also include a designator like "LLC" or "Limited Liability Company" to comply with state statutes.

2Assign a Registered Agent

Every Delaware LLC must appoint a Registered Agent. This individual or business entity agrees to accept legal documents (Service of Process) on behalf of your company. They must have a physical street address in Delaware (not a P.O. Box) and be available during regular business hours.

3File Articles of Organization

To officially create your entity, you must file the Articles of Organization with the state. The filing fee is $90. This fee is non-refundable. Most entrepreneurs choose to file online for faster approval, which typically takes 1-2 business days.

4Get Your EIN & Bank Account

Once your LLC is approved, apply for an EIN (Employer Identification Number) from the IRS. This nine-digit number is required to open a business bank account, hire employees, and file taxes. Keeping your business finances separate from personal accounts is critical for maintaining your liability protection.

Common Questions in Delaware

How much does it cost to start an LLC in Delaware?
The state filing fee for a Delaware LLC is **$90**. This is a one-time payment to the Division of Corporations. If you hire a professional service, you will pay this fee plus their service charge.
How long does it take to get an LLC in Delaware?
Standard processing time for Delaware is roughly **1-2 business days**. However, this varies by season. Expedited options are often available for an additional fee if you need it faster.
Does Delaware require an Annual Report?
Yes, most Delaware LLCs must file a **Franchise Tax Report**. It is typically due **June 1st each year**. Failure to file this report can lead to your LLC being dissolved by the state.
Is there a minimum tax for Delaware LLCs?
Yes. Delaware charges a **$300 flat annual tax**, even if your business makes $0 in revenue. This is a surprise cost for many new entrepreneurs, so be sure to budget for it.
What is the new BOI Report (FinCEN) requirement?
Effective 2024, the Corporate Transparency Act requires almost all new LLCs to file a Beneficial Ownership Information (BOI) report with the U.S. Department of Treasury (FinCEN). This must be filed within 90 days of formation. Failure to file carries civil penalties of up to $500 per day. This is a federal requirement separate from your state filings.
View all Delaware FAQs & Legal Data →