Does Delaware Require LLC Members to Be Listed Publicly?
No. Delaware does not require member or manager names in public LLC filings. The Certificate of Formation—Delaware's required formation document under 6 Del. C. § 18-201—requires only three items: the LLC's name, its Delaware registered office address, and the registered agent's name. Member and manager identities remain private and do not appear in public records, making Delaware ideal for owners seeking anonymity.
Anonymous LLC Formation
Delaware explicitly permits anonymous LLC ownership. The Certificate of Formation contains no fields for member or manager names, and the state does not publish this information. This privacy applies equally to single-member and multi-member LLCs.
Your registered agent (required by statute) is public, but the agent is typically a third-party service provider, not the actual owner. This creates a privacy layer between your LLC and public records.
What Stays Private
Member lists, ownership percentages, and manager identities are not public record unless you voluntarily disclose them. Your Operating Agreement—which typically identifies members and their ownership percentages—is a private document. You control who sees it. It is not filed with Delaware and remains confidential unless you voluntarily disclose it.
Key Protections
Delaware's strong charging order protection under 6 Del. C. § 18-703 further shields members from creditor claims, complementing the privacy benefit of anonymous formation.
If you need additional privacy or asset segregation, Delaware's Series LLC statute (6 Del. C. §§ 18-215, 18-218) allows you to establish protected or registered series within a single LLC—each with separate liability and assets—while maintaining the same anonymous formation benefits.
Important Limitation
Privacy from public filings does not equal legal anonymity. Members may still face liability exposure in litigation, tax proceedings, or regulatory investigations. Additionally, the IRS will know your identity through federal tax reporting requirements (Form 1065 or Schedule C), even if Delaware's public records don't.
Formation Steps
- File a Certificate of Formation with the Delaware Division of Corporations ($110 standard fee; expedited options available).
- Appoint a registered agent (required; can be a professional service).
- Draft an Operating Agreement naming members privately (not filed publicly).
- Maintain confidentiality by limiting access to your Operating Agreement and member records.
This is general information, not legal advice. Consult a Delaware business attorney for your specific situation.