Start a Free LLC in Delaware

How to Form a Delaware LLC in 5 Steps

File a Certificate of Formation with the Division of Corporations to legally create your LLC. Filing requires your business name, along with your registered agent's name and address. After that, obtain an EIN and create an operating agreement to complete your business setup.

Swyft Filings handles the paperwork and state filings in all 50 states. Select our basic package to start an LLC in Delaware for free. We also offer professional registered agent services, so you can avoid using your personal Delaware address as the registered agent address in public filings. Our online dashboard securely stores a copy of your paperwork and keeps it accessible at all times.

Step 1: Choose a Business Name for Your Delaware LLC

Your Delaware LLC's name goes on your bank account, your contracts, your website, and every piece of paperwork you file, so it's worth taking a few minutes to get it right before you lock it in. Before you settle on a name, check it against these rules:

• Include a designator: End the name with "Limited Liability Company," "LLC," or "L.L.C."

• Make it distinguishable: It can't be identical or deceptively similar to any name already on file with the Division of Corporations.

• Avoid restricted words: Skip terms like "Bank," "Trust," or anything implying a government agency unless you have separate written approval.

Still haven't picked a name for your LLC? Try our free business name generator tool. Enter your input, and it'll suggest names to choose from. List a few variations you like, not just one. That way, if your first choice gets rejected, you'll already have a backup ready to go.

Step 2: Appoint a Delaware Registered Agent

Delaware law requires every LLC to continuously maintain a registered agent with a physical street address in the state (Title 6, § 18-101). Your registered agent receives lawsuits, state notices, and franchise tax reminders on your behalf and forwards them to you. You need to name your registered agent on your Certificate of Formation, so it's good to decide who it will be before filing.

Step 3: File Your Delaware Certificate of Formation

File the Delaware Certificate of Formation with the Division of Corporations, either online via eCorp Business Services or by mail. The state charges a one-time filing fee of $110. You need the following information to fill out the form:

• LLC name
• Registered agent’s name
• Registered office address
• Name of organizer

The organizer is the person submitting the form. This doesn’t have to be an owner or member of the LLC. If you hire us, we will sign as your organizer, and this part will be handled for you.

If you are filing the form offline, mail your Certificate of Formation to:

Delaware Division of Corporations

401 Federal Street, Suite 4

Dover, DE 19901

USA

How long does Delaware take to approve an LLC?

Standard processing time isn't fixed. It moves with the Division of Corporations' current workload. If you need it faster, Delaware offers four expedited options:

• Next-day service ($50 to $100)
• Same-day service ($100 to $200)
• 2-hour service ($500)
• 1-hour service ($1,000)

Note: The charges for expedited services apply in addition to the $110 filing fee.

Step 4: Create an Operating Agreement

An operating agreement isn't part of your Delaware Certificate of Formation, but it's important to have one to set clear rules for how your business operates. It should be in writing, whether typed or printed. Handwritten or verbal agreements are legally binding in the state of Delaware, but are often avoided because they're easy to dispute or misinterpret. At minimum, your operating agreement should spell out the following:

• Names and addresses of all members
• Who owns what percentage of the LLC
• How profits and losses get split
• Who has the authority to make decisions
• What happens if a member joins or leaves
• LLC dissolution procedure

Make sure every member signs the agreement. Once it's done, keep the original safe with your other business documents.

Step 5: Obtain an EIN

You may need an Employer Identification Number (EIN) to open a business bank account, hire employees, or meet certain federal tax requirements. Applying for an EIN is easy and typically takes 15 to 20 minutes. The application requires the following details:

• SSN or ITIN of the business owner
• Business name or any DBA names
• Mailing address
• Entity details
• Reason for applying

Owners who don't have an SSN or ITIN can apply by mailing or faxing Form SS-4 instead, which may take longer.

If you purchase one of our paid Delaware LLC formation packages, we prepare and submit the EIN application for you. That means you don't have to handle the IRS process yourself.

What Are the Post-Formation Requirements for a Delaware LLC

Fulfill Delaware Franchise Tax Requirements

Forming your LLC isn't the end of your paperwork with the state of Delaware. It's an ongoing process. You need to pay your LLC's annual tax of $400 by June 1 every year to stay in good standing with the state. Mark the date, because missing it costs you a $200 penalty plus 1.5% interest per month on the tax and penalty combined. There's no proration either: if your LLC was active in the Division of Corporations' records at any point during the year, even for a single day, you owe the full $400. There's no separate annual report to file alongside it.

Get Delaware Business License and Permits

Register for a Delaware Business License through Delaware One Stop before you start operating. Most businesses operating in Delaware may need a business license depending on their activities and location.

Depending on your industry and city, you may also need a professional license or a local permit. Check with your city and county for any additional requirements beyond your state application.

Skipping the licenses and permits your business needs can put you at risk of penalties and back taxes. It may also complicate opening a business bank account or signing certain contracts.

You can use our business license research service. We create a list of the license requirements for your LLC at the federal, state, and county levels and share filing instructions. Read how to apply for a business license in Delaware for more details.

Open a Business Bank Account in Delaware

You'll generally need your EIN, Certificate of Formation, and a Certificate of Good Standing, which some banks request to confirm your entity is active and compliant. Since many Delaware companies operate out of state, look for a bank with strong online/remote account-opening support if you won't be visiting a branch in person. Compare monthly fees, transaction limits, and integration with accounting tools like QuickBooks before settling on a provider. For more details on the setup process, check out this guide to opening a business bank account.

How Much Does an LLC Cost in Delaware?

DIY vs Swyft Filings: Delaware LLC Formation Difference

Starting an LLC in Delaware yourself is possible, but it takes time, research, and follow-up. Here is how doing it yourself compares to forming your Delaware LLC with Swyft Filings.

*Disclaimer: This guide provides general information about forming an LLC in Delaware and is not a substitute for legal, tax, or financial advice.*