How to Start an LLC in Delaware: Your Complete 2026 Guide

How to Form an LLC: Step-by-Step

1. 1

   Choose Your Delaware LLC Name

   Select a unique name ending with 'LLC' or 'Limited Liability Company'. Check availability using Delaware's Division of Corporations name search tool. Your name cannot be confusingly similar to existing Delaware entities.

   Pro tip: Reserve your name for $75 if you need time to gather documents before filing.
2. 2

   Appoint a Delaware Registered Agent

   Designate someone with a Delaware street address to receive legal documents. This can be yourself, a Delaware resident, or a professional registered agent service. The agent must be available during business hours.

   Pro tip: Professional agents provide privacy by keeping your home address off public records.
3. 3

   File Certificate of Formation

   Submit your Certificate of Formation to the Delaware Division of Corporations with the $90 filing fee. Include your LLC name, registered agent information, and organizer details. Processing takes 7 business days for standard filing.

   Pro tip: Same-day processing is available for an additional $50 if you need faster approval.
4. 4

   Create an Operating Agreement

   Draft an operating agreement outlining ownership structure, member responsibilities, and business procedures. While not required by Delaware law, this document protects your limited liability status and prevents disputes.

   Pro tip: Even single-member LLCs benefit from operating agreements to maintain separation between personal and business assets.
5. 5

   Obtain an EIN from the IRS

   Apply for an Employer Identification Number online at IRS.gov. This free process takes about 15 minutes and gives you the tax ID number needed for banking, taxes, and hiring employees.

   Pro tip: Apply for your EIN immediately after state approval to avoid delays in opening business accounts.
6. 6

   Open a Business Bank Account

   Separate your business and personal finances by opening a dedicated business bank account. Bring your Certificate of Formation, EIN confirmation letter, and operating agreement to the bank.

   Pro tip: Shop around for business accounts with low fees and good online banking features for managing your LLC finances.
7. 7

   Get Required Business Licenses

   Research federal, state, and local licensing requirements for your specific business type. Many Delaware LLCs need additional permits beyond the basic formation documents. Check with Delaware's One Stop Business Registration portal.