Business Formation in Delaware
LLC & Corporation formation in Delaware.
Delaware formation requirements, filing fees, registered agent rules, and ongoing compliance — for both LLCs and corporations, on one page.
Formation Overview
LLC Formation in Delaware
Delaware LLCs file a Certificate of Formation with the Division of Corporations and pay an annual franchise tax.
Corporation Formation in Delaware
Delaware corporations file a Certificate of Incorporation and are subject to annual franchise tax.
Key Filing Requirements
- Filing agency
- Delaware Division of Corporations
- LLC formation document
- Certificate of Formation
- Corporation formation document
- Certificate of Incorporation
- LLC state filing fee
- $90
- Corporation state filing fee
- $89 (minimum)
- Annual / periodic report
- LLCs pay an annual franchise tax; corporations file an annual report and pay franchise tax.
- Annual report fee
- LLC franchise tax $400; corporation franchise tax varies
- Registered agent requirement
- A registered agent in Delaware is required. We provide Delaware registered agent service.
- Official state source
- Official Agency Website
Ongoing Compliance
Pay the annual franchise tax by the due date and maintain a registered agent to keep good standing.
LLC Management
Member- or manager-managed per the operating agreement.
Corporation Directors & Officers
At least one director; officers as required.
Foreign Qualification
Foreign entities may qualify with the Delaware Division of Corporations.
Learn about foreign qualificationExplore Other States
Delaware Formation
Ready to form your company in Delaware?
Initial formation is $495 plus Delaware state filing fees. Ongoing maintenance through Nationwide begins the following year at $495 plus applicable state fees. Call 1-888-498-5402.