What it costs in Delaware.
Tick what you need. The state’s part is shown at cost.
Adds up as you tick.
How to form an LLC in Delaware.
The steps, in order, and what each one asks of you. We can file it in Delaware for you, with the registered agent for the first year.
The steps.
Step 1
Choose a name
It has to be different from the names already on Delaware’s records, and it has to include “LLC” or another ending Delaware accepts, such as “Limited Liability Company”.
Step 2
Name a registered agent in Delaware
Every LLC in Delaware needs one: a person or company with a street address in Delaware that accepts legal papers for the company during business hours. More on this below.
Step 3
File the formation document
File the formation document with Delaware’s business filing office. Its name varies: articles of organization in most states, a certificate of formation or of organization in others. Delaware charges a filing fee. It is shown at cost under What it costs in Delaware, on this page.
Step 4
Sign an operating agreement
It sets out who owns the company and how it is run. It stays with your records and is not filed with the state.
Step 5
Get an EIN from the IRS
The EIN is the company’s federal tax number, and banks ask for it. The IRS issues it online, usually at once, when the responsible person has a Social Security number or ITIN and the company’s principal place of business is in the US. Otherwise it is Form SS-4 by fax or mail, which can take 4 to 8 weeks.
Step 6
Keep up with the ongoing filing
Delaware asks for no annual report, but has a yearly obligation for LLCs. Our page on Delaware says what it is and when it is due.
More on Delaware: changing agents, the ongoing filing and deadlines
The registered agent Delaware requires.
An LLC in Delaware names its registered agent on the formation document and keeps one for as long as it exists. The agent needs a street address in Delaware, not a post office box, and someone there during business hours to sign for legal papers.
You may be able to serve as the agent yourself if you live in Delaware or keep an office there, can be reached there during business hours, and do not mind the address on the public record.
More on Delaware: changing agents, the ongoing filing and deadlines