Does Delaware Allow Series LLCs? | Formation Guide

Does Delaware allow series LLCs?

Yes. Delaware expressly authorizes series LLCs under 6 Del. C. §§ 18-215 and 18-218. A series LLC is a single LLC that establishes multiple series, each with separate assets, liabilities, and members. Each series operates as a distinct legal entity for liability purposes while remaining part of one parent LLC, reducing formation costs and administrative overhead compared to creating separate entities.

Protected vs. Registered Series

Delaware offers two structures:

Protected Series (§ 18-215): Series receive automatic liability protection without separate registration. Assets and liabilities of one series are shielded from other series and the parent LLC. You file only one Certificate of Formation for the parent entity.

Registered Series (§ 18-218): Series require individual registration and public disclosure. This approach provides enhanced certainty regarding series status and clearer third-party notice, though it involves additional administrative steps.

Formation Requirements

File a Certificate of Formation with the Delaware Division of Corporations. The filing fee is $110.00 with standard processing in 2–3 business days. Expedited options include 24-hour service (+$50) and 1-hour service (+$1,000).

The Certificate must include:

• LLC name (containing "Limited Liability Company," "LLC," or "L.L.C.")
• Delaware registered office street address
• Registered agent name

Series-specific details are documented in the operating agreement rather than public filings, maintaining privacy for individual series.

Key Advantages

Delaware's charging order protection under § 18-703 extends to series members, shielding personal assets from creditor claims. One parent LLC reduces ongoing compliance costs while allowing you to segregate assets, operations, or investments across multiple series. This structure works well for real estate portfolios, investment funds, and multi-line businesses seeking liability compartmentalization without forming separate entities.

Next Steps

1. Determine whether protected or registered series suits your liability and administrative needs.
2. Draft your Certificate of Formation with your LLC name and Delaware registered agent information.
3. File online with the Delaware Division of Corporations ($110 fee).
4. Create series documentation in your operating agreement detailing management, members, and assets for each series.
5. Maintain separate financial and operational records by series to preserve liability protection.

Consult a Delaware business attorney to confirm your series structure aligns with your business goals and creditor protection strategy.

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This is general information, not legal advice.