Delaware · LLC formation

How to start an LLC in Delaware

The filing fee, the real timeline, and the steps in order — plus what Delaware doesn't put on the fee schedule. ZeroToOpen turns this into a personalized checklist for your actual business, free.

After year one: A flat $300 annual franchise tax, due every June 1st regardless of income or activity.

The actual steps, in order

1. Check your name is availableSearch the Delaware Division of Corporations business name database before you fall in love with a name — a close match to an existing LLC gets your filing rejected.
2. Pick a registered agentA person or service with a real DE street address who can receive legal mail during business hours. Most formation services include this for the first year.
3. File your formation documentCalled "Articles of Organization" or "Certificate of Formation" depending on the state. This is the $110 fee above, paid to the Delaware Division of Corporations.
4. Get an EIN from the IRSFree, directly from irs.gov. You need this to open a business bank account — don't pay a formation service extra for something the IRS gives away.
5. Write an operating agreementMost states don't require filing one, but banks and courts both look for it, and it's what actually governs who owns what if there's more than one of you.
6. Handle industry-specific permits and licensesThis is the part that's genuinely different for every business — a food truck and a hair salon need completely different local permits even in the same city.

Formation services that handle the paperwork

If you'd rather not file it yourself, these services do — same forms, they submit them for you.

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