How to Start an LLC in Delaware (DE LLC 2022)


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How to Start an LLC in Delaware: If you’re interested in setting up a Delaware LLC, you’ve come to the right place. Having an LLC not only protects your personal assets but also is less complicated than other business structures. Delaware’s laws make it easy to establish your LLC. On this page, You’ll find all the steps that must be taken to ensure that your LLC has been correctly established in Delaware. We recommend you read the whole article very carefully, word by word, don’t miss anything 🙂

delaware llc

How to Start an LLC in Delaware

An LLC or a Limited Liability Company is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection.

If you wish to start an LLC, you mainly have to file your Certificate of Formation with the State and pay a filing fee of $90. There are some more steps to follow to get your LLC established in Delaware. The following steps explain everything you need to create your LLC in 2022. Let’s get started! It is always recommended to hire a professional LLC formation service in Delaware to set up your LLC.

Step 1: Decide a Name for Your Delaware LLC

Delaware name your llc

The very first step while forming an LLC in the state of Delaware is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.

LLC Naming Guidelines in Delaware

There are a few specific requirements all the LLCs in Delaware have to follow while naming their Company. Some of the most important requirements are as follows:

  • Your business name should be available and no other existing business in Delaware can have the same name. Perform a name search from the below-mentioned source to be sure your name isn’t taken already.
  • “Limited Liability Company”, “LLC”, “L.L.C.”, “LC”, “L.C.”, and “Limited Company” – any one of these has to be used as a suffix in your business name.
  • You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
  • Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by Delaware State Government are fulfilled.
  • (Optional) It’s better to name your business something for which your desired domain is available.
Important Links –Submit Offline Form to –
Delaware Business Entity Search – Online Name Search
Name Reservation Form – PDF
Delaware LLC Name Search Guide – Instructions
Name Availability Standards – Guidelines
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901

Reserve Business Name for Future

If you do not wish to file your LLC right now but want to hold the name you have decided, then you can reserve your LLC name for 120 days. To keep the name, you have to file a name reservation application and pay $75 to reserve your name with the Delaware Secretary of State.

Doing Business As (DBA) or Trade Name

Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the Delaware Secretary of State by submitting a Fictitious Name Certificate Form along with the filing fee of $25.

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TailorBrands offer DIY website templates and incredible logo designs. If you plan to get a website then it is wise to have a “.com” domain for your business but these days you can also use other TLDs like “.company”, “.xyz” etc. With TailorBrands, you can get everything you need at an affordable price.

Do I have to include LLC in my company email/domain?

It is not legally mandatory to use the word LLC in your domain name or email. If you want you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.

Step 2: Assign a Registered Agent in Delaware

Delaware registered agent

The second step to forming an LLC in the state of Delaware is to appoint a Registered Agent. A registered agent is a person or business entity that will act or work on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in Delaware. Hence, hiring a competent Delaware Registered Agent for your LLC is necessary. 

Make sure your registered agent for service of process is a resident of Delaware or has a physical street address. Their business address or the principal address should be in Delaware. Most LLC formation companies also provide registered agent services. Below are two great LLC setup services, even if you buy their cheapest plan (normally $49/year), you also get registered agent service and other services at a reasonable price.

LLC Service

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$49 + State Fees

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$299 + State Fees

  • Turnaround in a few days

  • EIN & Website Included

  • Operating Agreement Included

These LLC formation services are recommended registered agent services as they are authorized to conduct business in Delaware. Some LLC formation services offer standalone Delaware registered agent services. You can purchase only Registered Agent services from them without purchasing any other LLC formation services.

Who Can Be a Registered Agent?

A person who is above 18 years of age and has a physical address in the state of Delaware can be a Registered Agent. A Registered Agent for service of process can be an independent person or can be a business entity. One who is responsible for handling all the legal documents.

Can I Be My Own Registered Agent?

Yes, you can be your own registered agent if you are a resident of the state of Delaware and you are above 18 years of age. To become a registered agent, you must have the authority to conduct any type of business in Delaware.

Step 3: File Certificate of Formation in Delaware

Delaware certificate of formation

The third and most important step in forming an LLC is to file the Certificate of Formation. This Delaware Certificate of Formation is a legal document needed to officially register your business with the Secretary of State. It costs $90 (online and by mail filing) to file your formation certificate in Delaware. (Read more on LLC cost in Delaware).

The Certificate of Formation includes details like the name of the LLC, registered agent’s name, address, employees’ details, and structure of the company (member-managed or manager-managed). Before hiring employees in Delaware LLC, one should know about the rules and regulations thoroughly. Also, if you are expanding your existing business (an LLC) to Delaware, then you need to register as a Delaware Foreign LLC.

How to File Online

Go to the Secretary of State Online Service. You will find the Entity Search option. Check if your desired name is already existing in Delaware or not. If not then click on the below button to file your LLC online. Read more about the Delaware Certificate of Formation for online registration.

How to File by Mail

If you prefer filing real-life forms for your LLC registration, then you can download the LLC formation form. Read the form thoroughly, fill it out, and send it to the address mentioned below. Along with the Form, make sure to submit the Cover Memo as well.

Mailing Address: Delaware Division of Corporations
401 Federal Street
Suite 4 Dover, DE 19901

Processing Time: It takes 2 weeks to form an LLC in Delaware. The process can be expedited by paying additional fees. However, the time can be different due to various factors.

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Step 4: Create Your LLC Operating Agreement in Delaware

delaware operating agreement

Moving on to the fourth step, filing your operating agreement. An operating agreement is an internal document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.

When it comes to filing a Delaware LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation. Like Delaware, there are other states that do not have a mandatory rule to file operating agreements. But, this document would be useful if you decide to dissolve Delaware LLC later. Hence, having an operating agreement may not be necessary, but it is definitely ideal.

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Step 5: Filing an LLC EIN in Delaware

Delaware file EIN for llc

The Employer Identification Number or, simply, the E.I.N. is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business, for that matter. 

EIN is needed when the LLC hires employees. Hiring employees in Delaware LLC requires following specific rules and regulations. On the other side, EIN for Delaware foreign LLC should be obtained if your LLC is based in other states.

To obtain EIN (aka FEIN) one has to fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally, complete the form and send it to the address given. You can also get an EIN Assistant who can help you with the process.

Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999

Fax: (855) 641-6935 | Fee: Free

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Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.


Congratulation, you are now done with all the necessary steps to form your LLC in the state of Delaware. If you do it yourself, it should take you a long time to properly understand and do all the steps.

However, if you use TailorBrands, it should take fewer hours, and you always have a live chat with expert support for any help you need.


After Starting Your Delaware LLC

After forming your LLC, there are still some things that you will need. Take note of the following:

This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings, to make sure your LLC is up-to-date.

Cost of Starting an LLC in the State of Delaware

Forming an LLC in the state of Delaware is no doubt more cost-effective than other structures of a business. There are some fees and charges one has to bear to form an LLC. LLCs have pass-through taxation. Hence, your LLC won’t bring you a massive tax burden. Here are some of the fees and taxes are needed to be paid while forming an LLC in the state of Delaware,

Fees/TaxAmount to be Paid
Name Reservation Fee$75 for 120 days
Certificate of Formation Fee$90
Franchise Tax$300
Sales Tax0%

In Delaware, LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then a Name Reservation is needed. It can be filed by paying $75. Your LLC name will be reserved for the next 120 days. In some states, Name Reservation is mandatory.

According to the Franchise Tax rule, LLCs have to pay this tax on a yearly basis. Annual Franchise Tax reports are considered to be the annual revenue report or annual report of the LLC. If you evaluate LLC costs in Delaware, the amount of Franchise tax is not as high as for any other form of business ownership. 

Delaware Foreign LLC

If you are interested in forming a Foreign LLC in the state of Delaware, then you need to file the Certificate of Foreign LLC to the Delaware Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents, like the Certificate of Good Standing, etc., to the Delaware SOS to form your foreign LLC in the state of Delaware. To know more in detail, check out our guide on Delaware Foreign LLC.

Reasons to Start an LLC in the State of Delaware

It is always cost-effective to start an LLC in the state of Delaware. The filing fee is fixed, and it takes more if you require same-day service or expedited service. Other than that, no prominent tax liabilities are there. Business taxes such as sales taxes, receipt taxes, payroll taxes, and such are less and sometimes zero in Delaware. Other than tax benefits, there are business funding options and incentives that LLCs receive from the government. Some of the long-lasting benefits are as follows, 

Business Laws are Cutthroat 

The biggest and most critical aspect of running a business is that a person should abide by all the rules and regulations. Only in this case will one achieve success. The same laws and regulations must apply to the employees of the company. That is why it is best to choose LLC.

The rules in Delaware State are stringent, due to which keeping an eye on the employees and regulating them becomes easy. Moreover, these rules make business-to-business meetings more trustworthy and reliable. If a person opens up their LLC, then the chances of getting cheated are decreased manifolds. 

Delaware government legal bodies are more active than any other state. Also, they have the proper right to interfere if the businesses are not working in the right way. The state government will quickly solve any business issue between rivals or other similar instances. 

Flexible Federal Taxes

The taxation system designed in the state is very flexible for business owners. There is flexibility provided to the LLC in which they were given a time period to provide the taxes. Due to this, the businesses get some extra time. Moreover, there are different slabs of taxes set according to the type of business a person owns. Read more on Delaware’s classification of LLC tax.  

Formation of Series of LLCs is Allowed

Here you will get plenty of expansion opportunities. The government also allows a person to make more than one LLC for the same company. The benefit of the LLC series is that one can hire different members in the new LLC at top management. Along with that, if one series is under debt, then this debt will not affect other LLCs of the series. 

Top Delaware Businesses

If you are an entrepreneur and are thinking of forming an LLC in the state of Delaware, then the very first decision you need to take is to think of a business to start with. Out of plenty of business ideas, one needs to figure out which is the best profitable niche to start a business in. So, here are the best ideas a business person can consider.

Agriculture

If you look at Delaware, then the main business established in the state is agriculture. The backbone of the state’s economy is Agriculture. Delaware is the largest producer of corn, and its demand is increasing day by day, due to which the demand of businesses is also growing. You can easily select a product and apply it for processing that raw product, which has increased demand in the country and nearby countries.

Manufacturing of Paper Product

Paper and its products are supplied to the whole country from Delaware, and its demand is increasing day by day. That is why there is more demand for paper industries in the state. So, you can think of starting a paper industry also.

Mining Business

If you look at the statistics of soil present in Delaware, then the sand and gravel in the state have magnesium present in it. That is why the mining businesses are thriving well in the State of Delaware. If a businessman is looking to invest more money in business, they can take a site and start their mining. On the other hand, if one has less money to invest, one can think of manufacturing magnesium products currently in demand.

Small businesses that one can also think of starting are mentioned below.

  • Dairy Farm
  • Microbrewery Business
  • Digital Marketing

Delaware LLC Formation Review

Time needed: 5 minutes.

Just to recap, here are the easy steps again when forming a Delaware LLC. Click on the steps in this list to read the full detail.

  1. Name your Delaware LLC

    The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
    name your llc

  2. Choose a Registered Agent

    In Delaware, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services like NorthWest Registered Agent to get things done hassle-free.
    registered agent

  3. File a Formation Certificate

    Filing a formation certificate is necessary when forming a Limited Liability Company in Delaware. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
    articles of organization

  4. Create an Operating Agreement

    An operating agreement is not a strict requirement in Delaware but something encouraged when you start an LLC to avoid future conflicts.
    operating agreement

  5. Get an EIN

    The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
    file EIN for llc

Things to Consider While Starting an LLC in the State of Delaware

In this article, all the basic steps to form an LLC are explained. However, there are some additional steps to consider when you’re about to start your business. There are some requirements that every LLC established in Delaware needs to meet. For example, requirements for business licenses, federal requirements, tax requirements, and if you have employees, then employer requirements are needed to be considered.

For a few businesses, you can use a temporary license, especially if you have a fictitious business name. But it is mandatory to get the proper license to continue doing business in Delaware. You need to send the business license application to the state license department.

When it comes to tax, LLCs do not have double taxation. So, all you have to pay and file is your personal income tax return. If your LLC does not yield any profit, you do not have to pay any taxes. Unlike LLC, all other business structures, like corporations, have double taxation. Apart from personal income taxes, corporations have to go through federal taxation as well.

Though LLCs do not have double taxation, it has other taxes to be paid. For example, self-employment taxes, sales taxes, and other federal taxes. If you are self-employed and register your company as an LLC, then you must pay the self-employment taxes. Filing taxes on time is an important part of tax requirements. On the other hand, obtaining EIN, getting employment insurance, and filing employment taxes are parts of employer requirements.

A single-member LLC is taxed as a sole proprietorship. On the other side, a multi-member LLC is taxed as a partnership. You can choose the tax structure while forming the LLC. However, if you do not choose any tax structure, then a single-member LLC will be taxed as a sole proprietorship by default.

While starting your LLC, you must have business formation plans with you. This plan includes the business type, business expenses, capital stock, and other business records. You can hire business experts to draft and implement your plan. There are licensed professionals who can help you form your LLC in the state of Delaware.

In Delaware, the operating agreement is not mandatory. But it is as important as the formation document and considers to be one of the most important official government documents. A well-drafted LLC operating agreement can be available with the business kit professionals offer. Also, with an operating agreement, you can easily dissolve your LLC in the future, as the dissolution procedure is followed according to the Operating Agreement. You can read the LLC dissolution guide to know more about it.

How Fast Can I Form an LLC in Delaware

To form an LLC in Delaware it may take about 2 weeks. The state government has the provision of expediting the process by paying an additional amount.

Before starting the process of forming an LLC in Delaware, you should check to see if the name you want is available. You can reserve a name for up to 120 days for a fee of $75. However, the name must be registered in the county where you’re doing business.

Some services offer a blank document template, while others require you to fill it out yourself. In addition to speed, we also looked at whether the Delaware LLC formation service we were looking at offered efficient customer support. Some companies provide 24/7 assistance and Corporate Guides to walk you through the entire process.

The process of forming an LLC in Delaware can take between three and six weeks. If you file online, however, the timeframe will be longer, as it takes at least eight to 10 weeks for the state to process your application. However, if you file for rush processing, you can cut that time down to two or three business days. During this time, your documents will be electronically or hand-delivered to the state. Rush processing services are usually charged separately, so keep this in mind when choosing a service.

Delaware requires an LLC to file a Certificate of Formation with the Division of Corporations. It must also include a cover sheet and a fee of $90. You can also choose to file electronically by using the Delaware Department of State’s website. When you’re ready to file for an LLC, the next step is to choose a name for your business. It’s best to choose a name that is easy to remember and is not already in use by another business.

An LLC needs to maintain good standing with state agencies and banks. Keeping track of annual reports and filing them manually can be time consuming. Even worse, you might accidentally miss one, so it’s best to use a Managed Annual Report Service, which will file them for you automatically.

After completing your online form, you should obtain an EIN (employer identification number). An EIN is a unique number issued to a business by the Internal Revenue Service. Getting an EIN will give your company tax status and will allow you to apply for corporate bank accounts and hire staff in the U.S. You can apply for an EIN online or submit a form SS-4. You’ll need to provide the Certificate of Formation for this process.

Once you’ve secured your name, the next step is to file a Certificate of Formation with the Delaware Secretary of State. It’s easy to complete a form online, but you should take a few weeks to get it processed. You can even request expedited processing to speed up the process.

In the meantime, you can open a bank account for your LLC with a bank. It’s a good idea to keep separate accounts for business and personal money. This will make tax time a lot easier and protect you from commingling your funds.

F.A.Qs

Can I file an LLC in Delaware by myself?

If you are a resident of Delaware, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.

What is the cost of forming an LLC in the state of Delaware in a year?

Apart from the formation fee of $90 (domestic LLC) and $200 (foreign LLC), LLC costs in Delaware include $300 for Franchise Tax Reports every year. LLCs are not liable to pay sales tax.

How long does it take to get an LLC in the state of Delaware?

It takes 2 weeks to get an LLC in the state of Delaware if you file it online or by mail. It can be expedited by paying an additional amount. If you hire a professional LLC service, then it might take less than that. We recommend TailorBrands, which has an impeccable turnaround time.

How to renew my LLC in the state of Delaware?

Every year all the LLCs have to submit a Franchise Tax Report (Annual Report) and pay $300 to the Delaware Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.

What is the tax structure for an LLC in the state of Delaware?

Generally, for LLCs, it is a default tax structure. Once you obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the Delaware Classification of LLC Tax.

In Conclusion

LLCs are easier to establish than other business structures. Small businesses, especially start-ups, can easily start their LLCs in the state of Delaware at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.

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