BT&ABT&ADelaware is one of the most popular states for LLC formation, known for its business-friendly legal framework and the respected Court of Chancery. We guide you through the process from filing to compliance.
Key filing details as of 2026. Fees and processing times are subject to change — verify with Division of Corporations before filing.
Filing Fee
$110
Annual Fee
$300 annual franchise tax
Annual Due Date
June 1
Processing Time
3–5 weeks (mail)
Expedited Filing
Available
Filing Agency
Division of Corporations
Annual Report Required
No
Publication Required
No
State Income Tax
No
Delaware's dedicated business court uses judges (not juries) who specialize in corporate law, providing more predictable outcomes for business disputes.
Delaware LLC law provides flexible operating agreement enforcement and strong charging order protections for single-member and multi-member LLCs.
Delaware does not require LLC members or managers to be listed in the public filing — only a registered agent is disclosed.
If your LLC does not conduct business within Delaware, you generally will not owe Delaware state income tax.
We guide you through each step — from name selection to getting your EIN.
Your name must include "LLC" or "Limited Liability Company" and be distinguishable from existing entities on file with the Delaware Division of Corporations.
Delaware requires a registered agent with a physical address in the state. We help you select a reliable registered agent service.
We guide you through preparing and filing the Certificate of Formation with the Delaware Division of Corporations.
Draft your operating agreement and apply for a federal EIN — both essential for opening bank accounts and establishing your business.
Ready to form your LLC in Delaware? We guide you through every step.
Get StartedHonest factors to weigh when deciding whether Delaware is the right state for your LLC.
“Business Therapy & Advisory delivered a true five-star experience from start to finish. They handled my entire business formation and entity structure seamlessly, turning what could have been a complicated process into something clear, organized, and stress-free. We were referred by our accountant, and I couldn't be more grateful for that connection. The team made everything straightforward and efficient while still keeping things personable. They matched my sense of humor (which is no small task) while maintaining the right level of expertise and guidance, making the entire experience comfortable and collaborative. I fully plan to continue working with Business Therapy & Advisory for future needs and will confidently recommend their services to other business owners, as well as friends and family.”
Ian Harvey
Timeless Memorial Care, LLC
Have questions about Delaware LLC formation? We're here to help.
Talk to an AdvisorDisclaimer: The information on this page is for general guidance and is current as of 2026. Filing fees, processing times, and requirements are subject to change. We recommend verifying current requirements with the Division of Corporations before filing. This content does not constitute legal or tax advice. Consult with a qualified attorney or tax professional for advice specific to your situation.
Schedule a free consultation and we'll guide you through every step — from choosing your entity type to Delaware compliance.