Step 1) Name Your Delaware LLC

Choose a Business NameWhen naming your Delaware LLC, the state only requires that you include ‘Limited Liability Company’ or its abbreviation ‘L.L.C.’ or ‘LLC’, whichever you want to use.

Your LLC name should be unique from existing business names registered in the Secretary of State Office of Delaware.

Before filing a Delaware LLC name, make sure that it has no duplicate. You can double check this using the business name search tool. If your chosen name has no duplicate, you can have it reserved at the State of Delaware website or, download the form and file it through mail. A name can be reserved for 120 days for a fee of $75.


Step 2) Select a Registered Agent

Choose a Registered AgentWhen starting an LLC in Delaware, your business must have a Registered Agent. In the state, you can be your own Registered Agent provided that your business is physically in the state. Otherwise, you have to hire an individual or service that will act as your Registered Agent.

If this is the case for your DE LLC, then the individual/business entity should be legally registered to do business in the state. The individual should also have a physical address within the state of Delaware.

You can hire a Registered Agent service and pay up to $160/year, or get a Delaware Registered Agent free of charge when you incorporate your LLC with IncFile.


Step 3) File the Certificate of Formation

Register an LLCNow that you have an LLC name and a Registered Agent, you can legally register an LLC in Delaware by filing the Certificate of Formation online to the Division of Corporations of Delaware.

You can alternatively download the form and file it through fax. Make sure that all information you have provided in the Delaware LLC filing form is true and correct.

Fee for filing a Delaware LLC: $90


Step 4) Get an EIN for Your LLC

Get an EIN for Your LLCA Delaware EIN is another requirement for your LLC. This you can get through different application options: online, mail, fax, or telephone. For a more convenient way, you can immediately get an LLC EIN by applying online through the IRS website.

An Employer Identification Number is your business’ unique identification code. As you transact business during the course of your operations, the EIN number is an indispensable number that you will need.


Step 5) Open a Business Bank Account

Best Business Bank AccountThe next step to starting a Delaware business is to start a separate bank account. This is important because you will be able to keep your personal and business finances separate in the eyes of the law.

Plus, when tax time rolls around, you will be able to organize your obligations and handle everything with minimal stress. For the best business bank accounts, check out this roundup.


To-Do After Starting a Delaware LLC

Although you are already recognized by the state as a legal Delaware LLC business entity, there are a few more requirements you need to fully start your venture. Additionally, there are a few recommended steps you can do to ensure that your business moves towards success.

1) Plan Your Business for Success

Write a Business PlanThere is stark contrast between a business with a solid plan and a business that merely operates day to day.

This is because a business plan helps map out the future of your business, helping to give you secure footing to face problems and how to implement change. You can start writing that Delaware LLC business plan with the help of the resources below.

Quick Links to Writing a Business Plan


2) Take Care of Your Delaware LLC Taxes and Business Licenses

Business LicensesDelaware LLC tax and business license requirements are a must when incorporating an LLC in Delaware.

This means you need to take care of these obligations or you get in trouble with the IRS. As a Delaware LLC, you might need to follow both state and local tax requirements. The same thing goes for your Delaware business licenses.

When starting an LLC in Delaware, you can follow business tax requirements with our Delaware Business Taxes guide. For Delaware business license requirements, refer to our guide on Delaware Business Licenses and Regulations.


3) Make an Operating Agreement

Create an Operating AgreementAlthough not required, an LLC Operating Agreement is still advisable as it sets forth some basic rules within your LLC.

From how much percentage of equity each owner should have to the business outcome if an owner leaves, everything is covered in the Operating Agreement.


4) Create a Business Website

Build a Business WebsiteNowadays, it is important to build trust through a business website. Since very few people starting a business have technical experience, I recommend looking into WordPress.

WordPress is a free, easy to use, and customizable website builder. No design experience required. Learn how to build your website through this free guide.

Note that this starting an LLC in Delaware article is only an informational guide, striving to bring you information you can use. In line with this, you should not consider it legal advice or a legal document. If you have specific questions on your Delaware LLC or starting an LLC in Delaware, have that talk with a lawyer.

Need Help Forming Your LLC?

Have a reliable LLC filing service like IncFile or LegalZoom do the work for you. Just answer a few questions about your business and they’ll take care of the paperwork.

Although both offer virtually the same service, IncFile is $100 less and our top pick. Enjoy!

Visit IncFile Or Visit LegalZoom