Delaware Company Formation

1. Name Your LLC

Starting a Delaware LLC begins with choosing a distinctive business name. You can verify name availability using the Delaware business name search tool. The name must include “Limited Liability Company,” “L.L.C.,” or “LLC,” and it cannot be in use by another entity in Delaware.

For entrepreneurs using USAFORM, assistance is available for reserving your LLC name, registering trade names (DBAs), and securing an appropriate domain that matches your business identity.

• Reserve a Delaware LLC name ($75 fee)
• Register a trade name (DBA)
• Secure a domain name for your LLC
• Consider trademarking your LLC name for added protection

2. Appoint a Delaware Registered Agent

All Delaware LLCs are required to appoint a registered agent, who receives official state and legal correspondence on behalf of the business. This agent can be an individual or a professional service.

Choosing USAFORM as your registered agent helps maintain privacy and ensures prompt handling of any legal or state communications.

• Registered agent must have a physical address in Delaware (no P.O. Boxes)
• Maintain regular business hours for receiving official mail
• Forward legal and state correspondence to the LLC promptly

3. File Delaware Certificate of Formation

The Certificate of Formation officially establishes your Delaware LLC with the Division of Corporations. The filing fee is $110 whether submitted online or by mail. The certificate will list your LLC name, registered agent, registered office, and the authorized person filing the document.

USAFORM can assist in preparing and submitting this form to ensure it meets all state requirements and avoids rejection.

4. Obtain a Delaware Business License

Every Delaware business must acquire a general business license from the Division of Revenue. Fees vary based on industry; for instance, advertising agencies pay $75, while travel agencies pay $225. Licenses must be renewed annually.

Applications can be submitted online via Delaware’s One Stop or by mail. USAFORM offers guidance to simplify this process for new LLC owners.

5. Create an Operating Agreement

An operating agreement defines the internal governance of your LLC, including voting rights, conflict resolution, profit and loss distribution, and procedures for dissolution. While Delaware does not legally require one, it is strongly recommended for proper business operations.

USAFORM provides professionally drafted operating agreement templates to help LLC owners establish a solid structure quickly and correctly.

6. Get an EIN

An Employer Identification Number (EIN) is required for tax filings, hiring employees, and opening a business bank account. It functions similarly to a Social Security number for your business.

You can apply for an EIN online via the IRS website, by mail, or by fax. USAFORM can assist in obtaining your EIN efficiently and accurately.

7. File the BOI Report

As of January 1, 2024, all non-U.S.-originated LLCs must file a Beneficial Ownership Information (BOI) Report with FinCEN. Deadlines depend on your LLC’s registration date. Compliance ensures transparency and regulatory adherence.

Clients of USAFORM can have the BOI Report filed as part of their formation service, or they may choose to submit it independently.

8. Next Steps

After completing Delaware LLC formation and obtaining necessary licenses, you are legally ready to operate. Key next steps include opening a business bank account to maintain separation between personal and business finances, and ensuring timely payment of Delaware taxes, including the $300 annual franchise tax and gross receipts tax.

USAFORM also provides services like virtual offices and mail forwarding to support business owners operating remotely or internationally, helping maintain a professional image while keeping costs manageable.

9. Delaware LLC FAQs

• Cost to start: $110 filing fee plus business license fees ($75–$225) and $300 annual franchise tax.
• Taxation: LLCs pay franchise tax and gross receipts tax. Annual reports are not required.
• Time to form: Online filings typically completed within a few days.
• Series LLC: Delaware allows formation of Series LLCs.
• Non-resident formation: You can form a Delaware LLC without living in Delaware.