How Much Does It Cost to Start an LLC in Delaware?

Delaware LLC Online Filing Fee: $90

The main cost to start an LLC is the $90 fee to file your LLC's Certificate of Formation online with the Delaware Department of State.

For a look at LLC costs in every state, read our other Cost to Start an LLC and How to Form an LLC guides.

Delaware Franchise Tax: $300

In Delaware, all LLCs are required to file and pay a $300 annual franchise tax. This can be done online.

Delaware charges a penalty of $200 plus 1.5% interest per month if you miss the June 1 filing deadline.

Registered Agent Fee

In Delaware you can be your own registered agent, but using a registered agent service helps keep your company in compliance and reminds you of important filing deadlines and avoid late fees.

• If you need to form a new business and get a registered agent, the best package is by Northwest Registered Agent $29 + state fees

OR:

• If only a registered agent is required, Northwest Registered Agent provides an excellent service: $125

Read our guide to learn more about Delaware Registered Agents. You can also read our full guide on the best registered agent services.

Cost to Form a Foreign LLC in Delaware

If you already have an LLC that is registered in another state and you’d like to expand your business into Delaware, you’ll need to register your LLC as a foreign LLC in Delaware.

The cost for registering a Delaware foreign LLC is $200. You can register a foreign LLC in Delaware by filing a Certificate of Registration of Foreign Limited Liability Company online or by mail.

Business Permits and Licenses

Depending on your industry and geographical location, your business might need federal, state, and local permits/licenses to legally operate in Delaware. This is true whether you form an LLC or any other type of business structure.

Learn more about state and local licensing with our guide to getting a Delaware business license.

Other LLC Filing Costs

There are optional fees associated with LLC formation:

LLC Name Reservation:
Reserve your name for up to 120 days prior to LLC formation by filing an Application for Reservation of Limited Liability Company Name and paying the $75 filing fee.

“Doing Business As” (DBA) Name:
File a Registration of Trade, Business & Fictitious Name Certificate and pay the $25 filing fee (per county) to create a name other than your legal LLC business name.

Certified Document Copies:
Obtain certified copies of your Delaware business documents by ordering through the Department of State and paying $50 plus $2 for each page.

Certificate of Good Standing:
You can obtain a Delaware certificate of good standing by ordering through the Department of State and paying the $50 fee. A certificate of good standing is often required by banks and lending institutions.

Five Basic Steps to Start an LLC in Delaware

Step 1: Name Your Delaware LLC
Step 2: Choose a Registered Agent
Step 3: File a Certificate of Formation
Step 4: Create an Operating Agreement
Step 5: Get an EIN

Step 1: Name Your Delaware LLC

When you name your Delaware LLC, you’ll need to choose a name that:

1. Is available for use in the state of Delaware
2. Meets Delaware naming requirements
3. Is available as a web domain

Recommended: Visit our Start an LLC in Delaware guide for detailed naming rules and instructions for registering a business name in Delaware.

Not sure what to name your business? Check out our How to Name a Business guide and free LLC Name Generator.

We recommend that you check online to see if your business name is available as a web domain. Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Step 2: Choose a Registered Agent

All LLCs in Delaware must appoint a registered agent. A registered agent primarily acts as your LLC’s main point of contact with the state. But most importantly, they are responsible for accepting service of process in the event your business is sued.

Your Delaware registered agent must:

• Be at least 18 years or older
• Have a physical address in Delaware
• Be available during normal business hours to accept service of process

Step 3: File the Certificate of Formation

The Delaware Certificate of Formation is a document that is filed with the Delaware Department of State to form an LLC. The fee for filing a Certificate of Formation is $90 online.

For detailed instructions for completing the Certificate of Formation, visit our How to File the Delaware Certificate of Formation guide.

Step 4: Create an Operating Agreement

Delaware LLCs are required to create and maintain an operating agreement.

What is an operating agreement? An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.

Why are operating agreements important? A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.

For more information on operating agreements, read our Delaware LLC operating agreement guide.

Step 5: Get an EIN

What is an EIN? An EIN or Employer Identification Number is a nine-digit number issued by the Internal Revenue System (IRS) to identify a business for tax reporting purposes. An EIN is essentially a Social Security number (SSN) for your company.

Why do I need an EIN? An EIN number is required for the following:

• Opening a business bank account
• Hiring employees