Delaware LLC Requirements

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or forming an LLC for a business already in existence, you'll want to understand the state requirements for LLC formation.

Cost to form a Delaware LLC

At BizFilings, we clearly outline our fees and the Delaware state fees. When you view our pricing to form an LLC you plainly see:

• BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
• State fee for standard turn-around. Our pricing clearly shows the state fee to form an LLC in Delaware with standard turn-around.
• Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
• 24-hour turn-around. Delaware has a 24-hour filing option, which is outlined in our pricing.
• Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Certificate of Formation.

Form a Delaware LLC

Delaware LLC name requirement

The LLC name must contain the words "Limited Liability Company," or the abbreviation "LLC" or "L.L.C." A name must be distinguishable upon the Secretary of State's records from the names of other domestic or foreign business entities, series, reserved and registered names. There are restrictions on the use of the word "bank" or a variation thereof.

Member/Manager information

The following are Delaware’s requirements for the members/managers of LLCs:

• Minimum number. LLCs must have one or more members. An LLC may also have one or more managers.
• Residence requirements. Delaware does not have a provision specifying where members/managers must reside.
• Age requirements. Delaware does not have age requirements.
• Inclusion in the Certificate of Formation. Member/Manager names and addresses are not required to be listed in the Certificate of Formation.

Requirements for the Certificate of Formation

The document required to form an LLC in Delaware is called the Certificate of Formation. The information required in the formation document varies by state. Delaware's requirements include:

• Registered agent. Every Delaware LLC must have and maintain a registered office and a registered agent having a business office identical with the registered office. The Certificate of Formation requires the name of the initial registered agent and the address of the initial registered office. The registered agent must have a physical address (no post office boxes) in Delaware. The registered agent's business office must be generally open at sufficiently frequent times to accept service of process and otherwise perform the functions of a registered agent.

Professional services businesses

Delaware does not have specific provisions authorizing an entity called a professional limited liability company (PLLC) . But professionals can choose to operate their business as a regular LLC. 

Other filings required at time of incorporation

Delaware does not have an initial report or publication requirement for LLCs.

LLC taxes, fees and licenses

Annual report and franchise tax. Delaware requires LLCs to pay an annual tax of $300 due on or before June 1. There is no annual report.

Taxes. For complete details on state taxes for Delaware LLCs, visit our Toolkit site or http://revenue.delaware.gov .

Licenses. Business licenses and/or permits are required for most businesses. The BizFilings Business License Application Package can help you stay on top of these requirements.

Federal tax identification number (EIN). An EIN is required for LLCs who will have employees. Additionally, most banks require an EIN in order to open a business bank account.

State tax identification number. Delaware does not require a state tax identification number.

Additional Delaware information

View the following additional resources BizFilings has for forming and maintaining companies in Delaware:

• Delaware Corporation Formation

Continue Your Research

• How to Select a State for Incorporation
• Understanding Incorporation Requirements
• What is a Registered Agent?

Explore BizFilings' Services

• C Corporation Formation Service
• S Corporation Formation Service
• Registered Agent Service
• Professional Corporation