Delaware LLC

Form your Delaware Limited Liability Company with local experts and get the tools you need to help your business boom. In addition to our $29 registered agent service, you’ll get the following at no additional charge:

• Your own online account where you can store your documents and add services
• Professional business address
• Free mail forwarding
• An attorney-drafted operating agreement, and other free documents
• Online presence (domain + website + email + phone)

At just $45 plus state fees, our LLC formation service is the most affordable in the state of Delaware—and the best bargain. Because we own our building, we’re able to issue unique suite numbers to our clients. So as your business expands, you’ll easily be able to upgrade to one of our Mail Forwarding services or go all in on a Virtual Office.

It all starts with a free business address at our building in Dover, then—as your business grows—you can easily upgrade to one of our mail forwarding plans, or get the whole virtual office package.

Get $29 Registered Agent Service

Form A Delaware LLC

Our goal, as Delaware Registered Agents, is to make it easy for anyone with a business idea to turn it into a reality here in DE. We don’t just form your business then disappear, we stick around to help it grow.

Benefits of a Delaware LLC

According to the Delaware Division of Corporations, more than one million business entities have chosen Delaware as their home—and for very good reason! Here’s what you need to know about the benefits of forming a business in Delaware, as well as why having an LLC (especially if you’re a small business owner) has way more advantages over a corporation:

1. Simple and Secure: First of all, the Delaware limited liability company is the simplest LLC to form. Why? Because the Delaware Division of Corporations requires only minimal information in the Certificate of Formation, ensuring your identity and personal information remains secure. Plus, when you hire us as your registered agent (just $29 a year), our Delaware business address is the only easily available piece of contact information on your formation document. Our service is designed to provide as much personal privacy protection as permitted by law.
2. Tax Exemptions: As a business-friendly state, Delaware is sometimes referred to as a tax haven. While this is a misnomer, our state does offer several tax benefits other states don’t. For example, Delaware doesn’t tax “intangible income” (like patent leases), making this an attractive state to form holding companies (which can help protect your LLC assets). Plus, our state has also created incentives for the many LLCs that are formed in Delaware but don’t operate here. For example, according to 30 DE Code § 1902, you’ll pay no state income tax if your LLC doesn’t do business in Delaware. Good deal, huh?
3. Strong Business Laws: Delaware has a long history as the nation’s leader in business formation and business law. In fact, our codes and statutes are often studied in law schools around the country. The state even has a special court that only sees businesses cases, called the Court of Chancery. Because of this, all disputes are brought before a judge with extensive knowledge of corporate laws, instead of a jury made of people who often don’t understand the finer points of business law. This saves Delaware business owners time and money—both of which you’ll want as much of as you can get!
4. No Business License Required: If you form your business in Delaware but do not do business in Delaware, you aren’t required to obtain a business license from the state (see: 30 DE Code § 2301). You also won’t have to register with the Department of Revenue, or pay Delaware’s gross receipts tax.
5. Few Formalities: As far as business entities go, LLCs require less paperwork and administrative formalities than corporations. For example, LLCs don’t need to hold annual shareholder or board of director meetings, and they don’t need to file an annual report (just pay a flat $300 annual tax). Especially if you run a small business, you’ll probably want an LLC rather than a corporation because LLCs are much easier to maintain.
6. No Double Taxation: Corporations in Delaware and elsewhere are taxed as C corporations by default, which means their profits are typically taxed twice (once as corporate income, then again as personal income). For many small businesses, this tax structure doesn’t make financial sense. Fortunately, LLCs benefit from something called “pass-through taxation.” By default, an LLC’s profits will pass directly to its members and get taxed only once, as personal income. If, for some reason, it’s to your advantage to tax your LLC as a C-corp or S-corp, you can—LLCs offer that flexibility.

Forming Your Delaware LLC

Our Guide to Forming an LLC in Delaware

Eager to start your Delaware LLC on your own? You can easily hire us as your Delaware Registered Agent, then follow these steps and you’ll be well on your way to running your business:

1. Complete a Certificate of Formation
2. Submit your certificate to the Delaware Division of Corporations

1. Complete a Certificate of Formation

In Delaware, Limited Liability Companies (LLCs) are formed by filing a formation document called the Certificate of Formation with the Delaware Division of Corporations.

Here’s a list of everything you must include on your Certificate of Formation:

1. Delaware LLC name
2. Name and street address of your Delaware registered agent
3. Name and signature of the person filing your certificate

2. Submit your Certificate of Formation

You can submit your Certificate of Formation by mail or online. The filing fee is $110. Standard processing will take 1-3 weeks, depending on the current workload. If you need quicker turnaround, you can pay for expedited processing:

• $1000 for one hour
• $500 for two hours
• $200 for same day
• $100 for 24 hours

Mail:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901

Online:
Completed forms can be uploaded to Delaware eCorp Business Services.

Why hire A Registered Agent, Inc to form your Delaware LLC?

Hiring us to form your Delaware LLC means getting more than a local registered agent. Right off the bat, you get a free business address that anchors your company here at our prestigious address in Dover.

For $184 total ($45 business formation + registered agent + state fees), you get all the following:

• A year of our $29 registered agent service
• Use of our Delaware business address on public documents for maximum privacy protection
• FREE mail forwarding (up to 3 mail scans each year)
• Attorney-drafted LLC operating agreement and initial resolutions
• FREE trial of Online Business Presence to establish a business website, email, and phone line
• Optional add-on services at checkout, such as our Trade Name Service
• Additional à la carte services inside your client account, like a Corporate Book & Seal

From there, you’ll have access to a slew of business services—from Mail Forwarding to office rentals—that you can add as it suits the needs of your growing business.

FAQ: Starting an LLC in Delaware

• Why is the Delaware Limited Liability Company the best LLC?
• Can I form an LLC in Delaware if I live in a different state or country?
• Can I form a Series LLC in Delaware?
• How much does it cost to start an LLC in Delaware?
• Do Delaware LLCs need an operating agreement?
• Can I use my home address for my Delaware LLC?
• Do I need a business license?
• How do I pay franchise tax?
• Do I have to file an annual report?
• What if I don’t want compliance filing service?
• Do I need to have a website for my business?
• Why do you charge less?

Why is the Delaware Limited Liability Company the best LLC?

LLCs in Delaware benefit from several tax exemptions, a simple and security-minded formation process, and a legal system known as the Court of Chancery. Here’s what you need to know:

• Tax Exemptions: Delaware doesn’t tax “tangible income” (like patent leases), which can help business owners protect their assets (see: Delaware LLC for Asset Protection). Plus, you won’t have to pay any income tax if your LLC was formed in Delaware but doesn’t do business here—which is the case for many businesses formed in Delaware.
• Simplicity & Security: Unlike most states, Delaware don’t ask for business owners’ personal information on their formation documents. This not only leads to a pretty straight forward process, but it protects your personal information from the public record. This is important for most people, but it’s super important if you run your business out of your own home.
• Court of Chancery: This court only tries business cases, which makes it beneficial for Delaware business owners for a couple reasons.
  
  1.) Cases are seen by a judge (with business-law expertise) rather than a jury of peers (who often don’t know much about business law), which usually works in the business owner’s favor.
  
  2.) Should your company ever have to go to court, this one has a long history of business-specific case law that makes deciding cases pretty quick.

In a state known for its business entities, the Delaware LLC is often overlooked, as its older, more distinguished sibling, the corporation, receives more attention. That’s because Delaware didn’t pass the first Limited Liability Company Act until 1991. However, since then the Delaware LLC has proven to be the simpler, more private, and more flexible choice for small business owners while offering the same asset protections and tax advantages as a corporation.

When you hire us, we’ll form your LLC for $45 (plus state fees) and provide the lowest priced registered agent service at just $29 a year. Plus, you’ll get an attorney-drafted operating agreement, initial resolutions, and a FREE trial of Delaware Business Presence. We guarantee you won’t find a better value.

Can I form an LLC in Delaware if I live in a different state or country?

Yes, absolutely. You can start a Delaware LLC without living in the state or the U.S. The only physical requirement is that your LLC have and maintain a local registered agent.

Thankfully, with our Delaware LLC formation service, we provide a year of professional registered agent service at a low, affordable price—just $29 a year! We also offer additional mail forwarding and virtual office packages (starting at just $49 a year) for those with more significant business address needs.

Can I form a Series LLC in Delaware?

Yes. A Series LLC is a business structure that allows you to establish multiple LLCs under a parent (or umbrella) LLC. To learn more about forming a Delaware Series LLC and how hiring us can make the process easier, check out our Delaware Series LLC page.

How much does it cost to start a Delaware LLC?

The minimum cost of starting an LLC in Delaware is $110, which is the state fee for filing a Certificate of Formation. From there, you might face other related charges, including (though not limited) to: registered agent service, business licenses and/or permits, and expedite fees. Registered agent fees can cost well over $100 from some companies. And to get expedited service, you’re looking at an additional $1000 (one hour), $500 (two hours), $200 (same day), or $100 (24 hours).

Our service is just $45 + registered agent service and state fees. If you hire us to form your LLC, you’re getting the most affordable registered agent service in the state, at $29 a year. Plus, we’ll make sure your business is active in 1-3 business days, depending on state filing times.

Do Delaware LLCs need an operating agreement?

No, Delaware LLCs are not required to have an operating agreement. However, in Delaware operating agreements aren’t required to be in writing. Operating agreements in Delaware can be written, oral, or implied. That means that you’ve likely formed an operating agreement between members without even knowing it. That said, LLC operating agreements are the internal rules of an LLC. Clear, well-thought-out agreements will help settle member disputes, explain how profits and losses are distributed, and set forth rules about membership and dissolution.

If you hire A Registered Agent, Inc. to form your Delaware LLC, an operating agreement for your company will be included at no extra charge.

Can I use my home address for my Delaware LLC?

Delaware doesn’t require business owners to list their personal names or addresses on formation documents. You are, however, required to list your local registered agent’s name and physical address. If you choose to act as your own registered agent, that means listing your personal information on the public record, which threatens your personal security. (Not to mention opens you up to a bunch of unwanted junk mail.)

When you sign for our $29 registered agent service, we not only handle the paperwork for you but also use our Delaware address on the formation documents, providing you with the ultimate privacy protection.

Do I need a business license?

Maybe. If you plan to do business in Delaware, you’ll need to get a general business license through the Division of Revenue. You might also need licenses and/or permits at the city, town, or county level. However, getting a business license won’t be necessary for you if your Delaware LLC won’t be conducting business in Delaware.

For more information, see our Delaware Business License page.

How do I pay the annual tax for my Delaware LLC?

You can pay the tax through the Delaware Division of Corporations website. All Delaware LLCs (foreign and domestic) must pay a $300 annual tax. Payment is due on or before June 1 each year.

Do I have to file an annual report for my Delaware LLC?

Nope. Delaware LLCs are not required to file an annual report. You’ll only be required to pay the $300 annual franchise tax.

What if I don’t want compliance filing service?

With our LLC formation service you’re automatically enrolled in compliance service because we like to give our customers the most stress-free business service possible. However, if you’d like to file your annual tax yourself you’ll have plenty of time to cancel our compliance service before your taxes are due. We’ll send you reminders about your upcoming tax payment well in advance, and certainly before we file it for you.

Do I need to have a website for my business?

It’s a good idea to set up a website for your business as soon as possible. No one will force you to get one, but the benefits of taking your business online far outweigh any downsides. Especially when you get everything you need—domain, website, email, phone—all from one place! We don’t contract out with any third-party providers, which means we’re equipped to answer your questions and provide support as you build your online business presence.

Learn more on our Delaware Business Presence page.

Why do you charge less?

We keep our prices affordable, fair, and honest with no up-charges or hidden fees because it’s how it should be.