Delaware LLC — Frequently Asked Questions
How much does it cost to form an LLC in Delaware?
The state filing fee to form an LLC in Delaware is $90. That's one of the more affordable states to form an LLC. On top of that, plan for $300 each year in annual report fees. Our formation service is $199, which includes the state fee, registered agent for the first year, operating agreement, and EIN assistance.
How long does it take to form an LLC in Delaware?
Standard processing runs 3-5 business days. If you pay $200 for expedited service, you can usually get to Same day. We file on your behalf and notify you as soon as the Delaware Secretary of State processes the formation.
Does Delaware require an annual report for LLCs?
Yes, every year. The fee is $300. Missing the filing deadline can lead to late fees and eventually administrative dissolution by the Delaware Secretary of State.
Do I need a registered agent for my Delaware LLC?
Yes. Every LLC registered with the Delaware Secretary of State is required to maintain a registered agent with a physical Delaware address. This is true from the moment you file your formation documents and remains true for as long as the LLC exists. We provide this service — first year included with formation, $99/year after that.
Can I form an LLC in Delaware if I live in another state?
Yes. You don't have to be a Delaware resident to form a Delaware LLC. You do, however, need a registered agent with a physical Delaware address — which is included when you form through us.
Do I need an operating agreement for my Delaware LLC?
Delaware doesn't require you to file an operating agreement with the state, but you absolutely should have one. Banks require it to open a business account. Courts rely on it in disputes. Without one, Delaware's default LLC rules apply — which may not match your intentions. Our formation package includes a customizable operating agreement template.
How do I get an EIN for my Delaware LLC?
Apply directly on IRS.gov — it's free and takes about 10 minutes. You'll receive your EIN immediately after completing the online application. Never pay a third party for an EIN. Our formation package includes EIN application assistance to walk you through it.
What's included in your $199 formation package?
Everything you need to form your Delaware LLC: Articles of Organization preparation and filing, $90 state fee paid to the Delaware Secretary of State, first year of registered agent service, operating agreement template, EIN application assistance, and an online dashboard for document storage and compliance tracking.
Still Have Questions?
We're here to help. Reach out Monday through Friday and we'll answer any questions about forming an LLC in Delaware or how our services work.