How to Start an LLC in Delaware in 2026: 8 Steps

The steps

1. Search your LLC name

Start with the free entity search on the Delaware Division of Corporations website. Your name must be distinguishable from every entity already on file and must include a designator such as "LLC," "L.L.C.," or "Limited Liability Company."

Search a few variations, since near-matches get rejected. If you find an available name but are not ready to file, Delaware lets you reserve it for 120 days for $75. Most founders skip the reservation and simply file the same day. For context on how the state's filing office works, see our overview of the Delaware Division of Corporations.

2. Appoint a Delaware registered agent

Every Delaware LLC must maintain a registered agent with a physical street address in Delaware to receive service of process and official state mail. If you live in Delaware, you can serve as your own agent. Everyone else hires a commercial agent, which typically costs $50 to $300 per year.

Choose your agent before you file, because the certificate of formation requires the agent's name and Delaware address. Our Delaware registered agent guide covers how to pick one and what happens if you ever need to switch.

3. File the certificate of formation

The certificate of formation is the document that legally creates your LLC. It is short: your LLC name, your registered agent's name and address, and an authorized signature. The state filing fee is $110.

You can file three ways:

• Online through the Division of Corporations document upload service, the fastest and most common route.

• By fax or mail, using a cover memo with your payment details.

• Through a formation service or registered agent, which files on your behalf for a service fee on top of the $110.

Standard processing takes roughly two to three weeks online and three to four weeks by mail. If you need the LLC sooner, Delaware sells expedited processing on top of the base fee: $50 for 24-hour service, $100 for same-day (submit before 2:00 p.m. Eastern), $500 for two-hour, and $1,000 for one-hour service.

Realistic timeline, filing to approval:

4. Adopt an operating agreement

Delaware does not require you to file an operating agreement, but you should have one before the LLC does anything meaningful. It sets ownership percentages, capital contributions, voting rights, profit splits, and what happens when a member leaves.

Single-member LLCs benefit too. An operating agreement is one of the clearest signals that your LLC is a genuinely separate entity, which matters if anyone ever challenges your liability protection. Banks and future investors will also ask for it. Have a lawyer review anything beyond a plain-vanilla structure, especially if you have multiple members with different contribution types.

5. Get an EIN from the IRS

Your employer identification number is the federal tax ID you will use to open a bank account, hire employees, and file taxes. It is free directly from the IRS, so never pay a third party's "EIN filing fee" for the number itself.

If you have an SSN or ITIN, apply online at irs.gov and get the EIN immediately. If you are a non-US founder without either, you apply by fax or mail using Form SS-4, which can take several weeks. Our guide for non-US residents forming Delaware LLCs walks through that path in detail.

6. Open a business bank account

Keeping business money separate from personal money is not optional for an LLC. Commingling funds is the fastest way to undermine the liability protection you just paid for. Once your certificate of formation is approved and your EIN arrives, open a dedicated account.

Rho offers business checking built for companies that want more than a place to park cash: corporate cards with up to 2% cashback on the Platinum tier, treasury, expense management, and invoicing in one platform, with an application that takes under 10 minutes. See how it stacks up in our review of the best online business bank accounts. Rho Incorporation currently supports Delaware C corporations, with LLC support coming soon, but banking for your LLC is available today.

7. Pay the $400 annual franchise tax and set your compliance calendar

Every Delaware LLC owes a flat $400 franchise tax each year, due June 1. Delaware raised the tax from $300 under HB 400, effective the 2026 tax year. There is no annual report requirement for LLCs, just the tax, and the amount does not change with your revenue. Late payment triggers a $200 penalty plus 1.5% monthly interest.

Put these on your calendar now:

• June 1, every year: $400 Delaware LLC franchise tax.

• Your registered agent renewal date: typically the anniversary of signup.

• April 15 (typical): federal tax filing for LLCs taxed as partnerships or sole proprietorships, plus any home-state returns.

• Home-state annual report, if you register there under step 8.

For how Delaware's tax works across entity types, see our Delaware franchise tax guide.

8. Register in your home state if you operate there

A Delaware LLC that actually does business in another state, meaning an office, employees, or regular in-person operations there, usually must register in that state as a foreign LLC. That means a second filing fee, often a second registered agent, and a second set of annual reports and fees.

This is the step founders most often skip, and it is why forming in Delaware is not automatically the right call for a small local business. Run the math on both filings before you commit. If you later raise venture capital, investors will typically ask you to become a Delaware C corporation anyway, and our guide to converting an LLC to a C corp explains how that works.

After the paperwork: run it like a company

Once the LLC exists, the habits matter more than the documents. Keep business and personal finances separate, sign contracts in the LLC's name, keep your registered agent current, and pay the franchise tax on time every June. Rho gives Delaware LLCs a full financial stack, including business checking, corporate cards, treasury, and expense management, so the operational side is handled from day one.