The 7-step walkthrough.
- 01
Pick a unique Delaware LLC name
Must end in "LLC", "L.L.C." or "Limited Liability Company." Search the Delaware Division of Corporations name database before you file.
- 02
Appoint a registered agent
Must have a physical Delaware address. Use a commercial service or your own address if you live in-state and are there during business hours.
- 03
File your formation certificate
The one-page form goes to the Delaware Secretary of State. Online is fastest; mail and in-person filings are still accepted.
- 04
Create an Operating Agreement
Not filed with the state, but legally required inside the LLC. Our free template covers ownership, distributions, and dissolution.
- 05
Get an EIN from the IRS
Federal tax ID. Free, online, ten minutes. Never pay anyone for an EIN — the IRS form is free.
- 06
Open a business bank account
Mercury, Relay, or a local bank. Requires EIN and stamped certificate. Separates personal and business liability.
- 07
Pay the annual report / franchise fee
Annual compliance for Delaware LLCs. Set a calendar reminder — late fees compound quickly.
If you're not raising venture capital, Delaware is probably the wrong choice. It looks prestigious. It's expensive if you operate elsewhere.
Living in one state but forming in another? You'll pay twice.
If your LLC is based in Delaware but you do business in another state, you must register as a "foreign LLC" there — a second filing fee, a second registered agent, and a second annual report. For most solo founders, forming in your home state is cheaper than chasing another state's reputation.
Three things we see founders get wrong.
- Paying for an EIN. The IRS issues them for free in ten minutes. Third-party "EIN services" are marking up a free government form.
- Skipping the Operating Agreement. Delaware doesn't require you to file one — but the courts will treat the default statute as your agreement if you don't write your own. Protect yourself; use the template.
- Missing the annual report deadline. Late fees compound. Add the date to your calendar the day you file.
Don't want to file it yourself?
Our top-rated service for Delaware LLCs is Northwest. $39 + state fees. Real humans. No upsells.
More on incorporating in Delaware
- Stripe Atlas review: the $500 venture-track Delaware C-Corp in a box YC and accelerator-default, integrated banking, and the 83(b) mailing done for you. An honest look at who Stripe Atlas is and is not for.
- LegalZoom review: the brand tax, and what you actually get for it The best-known LLC formation service in the U.S. is neither the cheapest nor the fastest. Here is an honest account of where LegalZoom earns its price and where it does not.
- Harvard Business Services review: the Delaware specialist the lawyers quietly recommend A family-owned Lewes agent with a $50-a-year registered agent fee. When Delaware is the right state, Harvard is usually the right filer.
- How to form an LLC in Delaware Two-thirds of the Fortune 500 are incorporated in Delaware. Almost every founder who Googles "where should I incorporate" ends up here. Most of them shouldn't.