What forming an LLC in Delaware actually involves.
Articles of Organization
The Articles of Organization is the founding Delaware document. We prepare and file with the SOS using your entity name, organizer info, RA, and member structure.
~10 day Delaware processing
Delaware SOS typically processes standard LLC filings in 10 business days. Expedited options available for an extra state fee (varies $25-$200).
Registered Agent included
Delaware requires every LLC to maintain a Registered Agent. RA service is included year one in every formation bundle.
EIN from the IRS
Your Delaware LLC needs a federal EIN for banking, taxes, and payroll. We file Form SS-4 with the IRS, typically 1-2 business days, faster than DIY filings.
Operating Agreement
Delaware doesn't require filing an Operating Agreement with the SOS, but every Delaware LLC needs one to define member rights, voting, profit splits, and dissolution rules. Included in Domestic Complete.
Year-one compliance
Forming the LLC is step one. Delaware requires ongoing compliance: Annual Franchise Tax (Mar 1), state tax registrations, license renewals. Domestic Complete includes year-one AR AutoFile.
A clean handoff, in 6 steps.
Pick your Delaware LLC name
We check Delaware SOS name availability live. Your chosen name must include "LLC" or variant and not conflict with existing Delaware registrations.
Designate Registered Agent
Every Delaware LLC needs a RA with a physical Delaware address. We provide one (included year one) or you can designate your own.
Prepare Articles of Organization
Member info, RA, principal office, management structure (member-managed vs manager-managed), effective date. We draft and review with you.
File with Delaware SOS
Submitted electronically with $110 state fee. 10-day standard processing. State-stamped Articles return to your BOS vault.
EIN + Operating Agreement
After SOS acceptance: IRS EIN application (1-2 days), Operating Agreement drafted, S-Corp election if requested (Form 2553).
Year-one compliance setup
Delaware Annual Franchise Tax added to your calendar (due Mar 1). RA active. Compliance Score baseline established.
Formation is free. Everything else is optional.
We do not charge a service fee to form your LLC or Corporation. State filing fees still apply and pass through at cost. Add the Compliance Bundle to handle the year-one filings everyone needs.
- LLC or Corporation formation (any state)
- EIN application with the IRS
- Articles of Organization or Incorporation drafted and filed
- Free BOS dashboard for ongoing visibility
- Filing receipts to your document vault
- Everything in Free Formation (no add-on fee)
- Registered Agent service in your state (1 entity)
- Annual Report AutoFile, filed every year on time
- Certificate of Good Standing (1 included per year)
- 1 Amendment included per year (address, member, name)
- Operating Agreement (LLC) or Bylaws (Corp)
- Deadline monitoring across all your filings
Common questions.
How much does it cost to form an LLC in Delaware?
The total is the Delaware state filing fee for the Articles of Organization, which the state sets, plus our formation service, which is free. Options like a registered agent or expedited filing are extra and disclosed; current amounts are on the pricing page. Budget for recurring items too, such as the Delaware annual report and any franchise tax.
How long does Delaware take to form an LLC?
It depends on Delaware's queue and whether you expedite. Some states approve online filings the same day, others take one to three weeks by standard processing, and January is slower everywhere. We file the moment your details are verified and give you Delaware's realistic window up front, so you are not guessing. If a deadline is driving you, expedited service is usually worth the extra state charge.
Do I need to live in Delaware to form an LLC there?
No. You do not need to live in Delaware or be a resident to form an LLC there. What Delaware requires is a registered agent with a physical in-state address to receive legal mail, which we provide, or you can act as your own if you have a Delaware address and are available in business hours. Where you live does not limit where you can form.
What is the difference between an LLC and a corporation in Delaware?
An LLC is simpler and pass-through: profit lands on your personal return and there is little required formality, which suits most owners in Delaware. A corporation is built to raise venture capital and issue stock, but it adds bylaws, a board, and annual meetings. If you plan to raise money, look at forming a corporation; otherwise the LLC-versus-corporation comparison lays out the tradeoffs.
Does Delaware require an Operating Agreement?
Delaware may not require you to file one, but you should have one. The Operating Agreement sets who owns what, who can sign, and what happens if an owner leaves, and it is the document that shows the LLC is a genuine separate entity, which protects your liability shield. Banks and lenders also ask for it. Generate one that fits your ownership with our Operating Agreement tool.
What about the EIN for my Delaware LLC?
The EIN is your business's federal tax ID, and you need it to open a bank account, hire, or file taxes. It is free from the IRS, and we obtain it for you the same day, including for founders without a Social Security Number. Keeping the EIN separate from your SSN also keeps your personal number off vendor and client paperwork. Start with our EIN guide.
Can a foreign person form a Delaware LLC?
Yes. You do not need to be a US citizen or resident to own or form a Delaware LLC, and you never have to set foot in the state. The one extra step is the EIN, which we obtain from the IRS for you when you have no Social Security Number, and that unlocks US banking and payment processing. Our EIN guide is the right starting point for international founders.
What ongoing compliance does a Delaware LLC require?
Forming is the start, not the finish. A Delaware LLC generally files a periodic annual report, keeps a registered agent on record, and pays any state franchise tax. Miss the report and Delaware can administratively dissolve the LLC, ending the protection you formed it for. A compliance calendar keeps every date in view, and our subscription can file them for you.
Can I change my Delaware LLC name later?
Yes. If you outgrow the name or rebrand, you change it by filing Articles of Amendment with Delaware, which updates the official record; your EIN and entity stay the same. If you would rather keep the legal name and operate under a different public name, a DBA does that without a full amendment. We handle either the amendment or the DBA for you.
Where to next?
Every filing connects into your File.Business operating system. Pick where to go from here: we keep the rest tracked.