Delaware LLC Cost

Formation Filing Fee: $110 Standard, Up to $1,000 Expedited

Delaware charges a $110 base filing fee for your LLC's Certificate of Formation under 6 Del. C. § 18-1107(a)(3). You can add expedited processing at your option, with fees ranging from $50 to $1,000 depending on turnaround time. Standard processing takes 2–3 business days at no additional cost.

Standard vs. Expedited Fee Breakdown

Standard filing	—	$110	2–3 business days
24-hour expedited	+$50	$160	24 hours
Same-day expedited	+$100	$210	Same day
2-hour priority	+$500	$610	2 hours
1-hour priority	+$1,000	$1,110	1 hour

The expedited fee schedule is established in 6 Del. C. § 18-1107(a)(3). All fees must be paid before your Certificate of Formation becomes effective.

When to Choose Expedited Service

Same-day and priority services are useful if you need immediate business authority—for example, to open a bank account, sign contracts, or meet a financing deadline. The 24-hour option ($160 total) offers a middle ground between standard processing and premium pricing. Most startups use standard processing and accept the 2–3 day wait.

How to File and Pay

File online through the Delaware Division of Corporations' eCorp portal at https://icis.corp.delaware.gov/eCorp/. You can pay by credit card, debit card, or ACH transfer. If you request expedited service, specify your preferred turnaround time during checkout. The Secretary of State's fee schedule is available at https://corp.delaware.gov/fee/.

No Hidden Charges

The $110 base fee is all-inclusive for standard formation. Unlike some states, Delaware does not charge separate name reservation, publication, or recording fees for LLCs. Your only other recurring obligation is the $300 annual franchise tax due June 1 each year.

Name Reservation: $75 for 120 Days

Delaware allows you to reserve an LLC name for 120 days by filing an application with the Secretary of State. The reservation fee is $75, as established under 6 Del. C. § 18-1107(a)(1). You can file online through the Division's eCorp portal or by mail, and the reservation protects your chosen name while you prepare your Certificate of Formation.

How Name Reservation Works

A name reservation in Delaware is optional but recommended if you're not ready to file your Certificate of Formation immediately. You submit an application for reservation of name, and the Division holds that name for you for 120 days from the filing date. This gives you time to organize your LLC, secure funding, or finalize operating agreements without risk of another entity claiming your chosen name.

The reservation is non-renewable during the initial 120-day period, but you can apply for renewal before expiration. Each renewal application carries the same $75 fee and extends protection for another 120 days.

Filing Method and Timeline

You can file your name reservation application online at https://icis.corp.delaware.gov/Ecorp/NameReserv/NameReservation.aspx or submit a paper form (https://corpfiles.delaware.gov/llc-nameres.pdf) by mail to the Division of Corporations. Online filing is processed within 1–2 business days; mail submissions typically take 3–5 business days.

The $75 fee must accompany your application. No expedited processing is available for name reservations—only standard processing applies.

Name Requirements

Your reserved name must comply with Delaware LLC naming rules. It must include one of the following designations: "Limited Liability Company," "LLC," or "L.L.C." The name cannot be identical to or confusingly similar to any existing Delaware entity on file. You can search the Division's entity database at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx before applying to confirm availability.

Cost Comparison

| Service | Fee | Duration |

Name Reservation (initial)	$75	120 days
Name Reservation (renewal)	$75	120 days
LLC Certificate of Formation	$110	Permanent (until cancellation)

The $75 reservation fee is separate from and in addition to the $110 filing fee for your Certificate of Formation. If you file your Certificate within the 120-day reservation period, the reservation automatically terminates, but you do not receive a refund of the $75 reservation fee.

When to Use Name Reservation

Reserve your name if you need time before forming your LLC but want to secure it immediately. This is especially useful if you're in discussions with potential members, waiting for financing, or coordinating with other business partners. Without a reservation, another entity could file a Certificate of Formation using your desired name at any time.

If you're ready to form your LLC immediately, you can skip the reservation and file your Certificate of Formation directly. The Certificate filing includes your name protection as part of the formation process.

Registered Agent: $0 (Self) to $300+ (Commercial)

Delaware requires you to designate a registered agent at a Delaware physical address when forming your LLC, per 6 Del. C. § 18-104. You can serve as your own registered agent at no cost, or hire a commercial registered agent service. If you change agents later, you'll pay a $50 filing fee under 6 Del. C. § 18-1107(a)(11).

Self-Service: $0

You can act as your own registered agent if you're a Delaware resident with a physical street address in the state. Your name and address appear in the public Certificate of Formation filed with the Division of Corporations. There is no fee to serve as your own agent, though you must be available during business hours to accept legal documents on behalf of your LLC.

Commercial Registered Agent Services: $100–$300+

Professional registered agent companies charge annual fees ranging from approximately $100 to $300 or more, depending on the provider and service level. These services maintain a Delaware office, accept service of process on your behalf, and often provide mail forwarding and compliance reminders. Your personal name does not appear in public filings when you use a commercial agent—only the agent's name and address are listed.

As of August 1, 2025, registered agents may not perform duties solely through a virtual office or mail forwarding service; they must maintain a real physical office (6 Del. C. § 18-104(e)(2)). This eliminates the cheapest "virtual agent" option.

Change of Registered Agent Fee

If you switch agents after formation, you must file a Certificate of Amendment (Change of Agent) with the Delaware Division of Corporations. The filing fee is $50, per 6 Del. C. § 18-1107(a)(11). The change requires written consent from the new agent and takes 2–3 business days to process under standard filing.

Cost Comparison Table

Self (resident)	$0	$0	Your name & address listed
Commercial agent	$0	$100–$300+	Agent name & address listed
Change of agent	$50 filing fee	—	Updated within 2–3 days

Statute and Authority

The registered agent requirement is codified in 6 Del. C. § 18-104, which specifies that an LLC must maintain a registered agent who is either a Delaware resident individual or a domestic/foreign entity authorized to do business in Delaware. Filing fees for agent changes are set by 6 Del. C. § 18-1107(a)(11).

Operating Agreement: $0 (DIY) to $1,500+ (Attorney-Drafted)

Delaware law does not require you to file an operating agreement with the Secretary of State, and no statutory template exists. You may create your own agreement at no cost, or hire an attorney to draft a customized document. Costs range from free (DIY templates) to $1,500+ (attorney-drafted for multi-member LLCs with complex governance).

Why Delaware LLCs Need an Operating Agreement

An operating agreement is your LLC's internal governance document—it controls member rights, profit distribution, management structure, and dispute resolution. Delaware's LLC statute (6 Del. C. § 18-101 et seq.) provides default rules if you don't have an agreement, but those defaults may not match your business needs.

Key point: Delaware allows single-member and multi-member LLCs to operate without a written agreement, but doing so exposes you to default statutory rules that may not protect your liability shield or clarify ownership stakes.

Cost Breakdown: DIY vs. Attorney-Drafted

DIY (template-based)	$0–$100	Single-member LLCs; simple structures	Generic language; no Delaware-specific customization; no legal review
Online legal service	$100–$500	Multi-member LLCs; basic customization	Limited to standard provisions; no attorney consultation
Attorney-drafted	$800–$1,500+	Multi-member LLCs; complex governance; investor-backed entities	Higher cost; personalized to your situation and Delaware law

DIY Operating Agreements ($0)

You can draft your own operating agreement using free templates or paid templates ($20–$50). Many online legal platforms offer Delaware LLC templates that comply with 6 Del. C. § 18-101 requirements.

Risks: Generic templates may miss Delaware-specific provisions (e.g., charging order protections under 6 Del. C. § 18-703, or registered series governance under 6 Del. C. § 18-218). If disputes arise, you have no attorney to defend the agreement's enforceability.

Online Legal Services ($100–$500)

Services like LegalZoom, Rocket Lawyer, and Nolo offer customizable Delaware LLC operating agreements. You answer questions about member count, profit splits, and management structure; the service generates a document.

Advantages: Faster than attorney drafting; Delaware-compliant language; cheaper than hiring counsel.

Disadvantages: No attorney review; limited ability to address unusual business structures (e.g., multiple classes of membership interests, or integration with investor agreements).

Attorney-Drafted Operating Agreements ($800–$1,500+)

A Delaware business attorney will draft a custom agreement tailored to your LLC's structure, member relationships, and tax strategy. Multi-member LLCs and those with outside investors typically benefit most.

What an attorney includes:

Detailed member rights and obligations
Profit and loss allocation aligned with your tax strategy
Management structure (member-managed vs. manager-managed)
Buy-sell provisions and exit mechanics
Dispute resolution and amendment procedures
Delaware-specific liability protections (charging order language per § 18-703)
Integration with federal tax elections (S-corp or C-corp treatment)

Cost drivers:

Number of members (multi-member agreements cost more)
Complexity of governance (investor rights, preferred returns, drag-along/tag-along provisions)
Need for integration with operating loan documents or investor agreements

No Filing Requirement with Delaware Secretary of State

Unlike your Certificate of Formation ($110 filing fee per 6 Del. C. § 18-201), your operating agreement is not filed with the Delaware Division of Corporations. You keep it in your records and share it with members, lenders, and the IRS if required.

Practical note: Many banks and lenders require a certified copy of your operating agreement before opening a business account or approving a loan. An attorney can provide a certified copy for a small fee ($25–$50).

When to Invest in Attorney Drafting

Hire an attorney if:

You have two or more members with different profit-sharing percentages
You plan to raise outside investment or bring in passive investors
You want to elect S-corp or C-corp tax treatment (requires coordination with operating agreement)
You operate in multiple states and need multi-state governance provisions
You anticipate member disputes or need detailed buy-sell mechanics

DIY is acceptable if:

You are the sole member (single-member LLC)
You have one or two members with equal ownership
Your LLC is a simple pass-through entity with no outside investors

Tax Coordination: Operating Agreement and Federal Elections

Your operating agreement should align with your federal tax classification. Delaware LLCs are taxed as disregarded entities (single-member) or partnerships (multi-member) by default, but you can elect S-corp or C-corp treatment on Form 2553 or Form 8832.

An attorney can ensure your operating agreement's profit-allocation language matches your tax election and avoids IRS challenges. This coordination alone often justifies the $800–$1,500 cost for multi-member LLCs.

Annual Franchise Tax and LLC Tax: $300 Every June 1

Delaware imposes a flat $300 annual franchise tax on all domestic and registered foreign LLCs, due June 1 each year without exception (6 Del. C. § 18-1107(b)). This is a mandatory tax, not a filing fee, and applies equally regardless of your LLC's income, revenue, or number of members. You must pay this tax online through the Delaware Division of Corporations tax portal to maintain good standing. Unlike many states, Delaware does not require a separate annual report—only the $300 tax payment.

When Your First Payment Is Due

Your first $300 franchise tax payment is due June 1 of the year following your LLC's formation, not in the formation year itself. If you form your LLC on March 15, 2024, your first tax payment is due June 1, 2025. This gives you a grace period of several months after formation to prepare for the obligation.

Payment Method and Portal

You must pay online through the Delaware Division of Corporations tax portal at https://icis.corp.delaware.gov/ecorp/logintax.aspx. The Division does not accept checks, wire transfers, or mail payments for franchise tax. Online filing is mandatory and available 24/7. Payment must be submitted by 11:59 p.m. Eastern Time on June 1 to avoid penalties.

Late Payment Penalties and Consequences

If you miss the June 1 deadline, Delaware imposes severe penalties:

$200 flat penalty plus 1.5% monthly interest on both the unpaid tax and the penalty itself (6 Del. C. § 18-1107(e))
No grace period—penalties begin accruing immediately after June 1
Automatic dissolution if the tax remains unpaid for 3 years (6 Del. C. § 18-1108)

Once your LLC is dissolved for non-payment, you must file a Certificate of Revival and pay all delinquent taxes, penalties, and interest to restore your entity.

Series LLCs Pay Additional Tax

If you form a registered series LLC under 6 Del. C. § 18-218, each registered series owes an additional $75 per series on top of the base $300 LLC tax. A parent LLC with three registered series would owe $300 + (3 × $75) = $525 annually.

Comparison: Delaware vs. National Average

Delaware	$300 flat	June 1	None
National