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Free Reference Guide · 2026

Delaware LLC Formation Guide

Key fees, step-by-step instructions, and important deadlines — specific to Delaware. Sourced from official state and court websites.

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Delaware LLC Formation — Key Numbers

$90
Formation fee
$300
Annual report fee
None
Franchise tax
No
Publication req.
7 days
Standard processing
Delaware note
Delaware's $300 annual franchise fee makes ongoing costs high for small businesses that don't benefit from its court system.

Step-by-Step: LLC Formation in Delaware

  1. 1

    Choose a unique business name and check availability on the Delaware Secretary of State website.

  2. 2

    File your Articles of Organization / Certificate of Organization with Delaware (fee: $90).

  3. 3

    Appoint a registered agent (a person or service with a physical address in the state).

  4. 4

    Obtain an EIN (Employer Identification Number) from the IRS — free at irs.gov.

  5. 5

    Draft or adopt an LLC Operating Agreement — required by banks and most states.

  6. 6

    File your first annual report ($300/year) by the deadline.

  7. 7

    Open a separate business bank account — never mix personal and business funds.

Data sourced from official Delaware government and court websites. Updated May 2026. Always verify current fees with your local courthouse before filing.

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