Strong Privacy Protections
Delaware does not require LLC members or managers to be listed in public filings. Your ownership remains private — only your registered agent's name appears on the public record.
Delaware LLC Formation
Start a Delaware LLC — The #1 Choice for Investors, Startups & Non-US Residents
Delaware is the most popular state for LLC formation in the US — not because most businesses operate there, but because of its unmatched legal protections, privacy advantages, and business-friendly laws. Over 65% of Fortune 500 companies and thousands of startups choose Delaware. Brendat handles your Certificate of Formation, EIN, registered agent, and all compliance so you can take advantage of everything Delaware has to offer.
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Why Delaware
Why So Many Businesses Choose Delaware
Delaware isn't popular because of geography — it's popular because of its legal and business advantages. Here's why entrepreneurs worldwide choose it.
Business-Friendly Courts
Delaware's Court of Chancery is a specialized business court with no juries — just experienced judges who understand complex business disputes. This gives LLCs more predictable, faster rulings.
No Delaware Tax for Non-Residents
If you form a Delaware LLC but don't operate in Delaware, you pay no Delaware state income tax. You only pay taxes in the states where you actually do business.
Investor & VC Preferred
Most venture capital firms and angel investors prefer or require Delaware entities. If you plan to raise funding, a Delaware LLC or corporation is almost always the standard.
Flexible Operating Agreements
Delaware's LLC Act gives members maximum flexibility to structure their operating agreement however they choose — with very few restrictions imposed by the state.
Fast & Simple Formation
Delaware's Division of Corporations is well-organized and efficient. Standard processing takes about 1 week — with same-day expedited options available for urgent filings.
Step-by-step guide
How to Form an LLC in Delaware
Six clear steps — including Delaware's unique franchise tax requirement. Brendat handles the filing, you handle the business.
1
Choose a Name for Your Delaware LLC
Your Delaware LLC name must be unique among all businesses registered with the Delaware Division of Corporations and must include a required designator.
Delaware Naming Rules:
- Must include: "Limited Liability Company," "LLC," or "L.L.C."
- Cannot use: Words implying a government agency (e.g., "FBI," "State")
- Restricted words: "Bank," "Insurance," "Trust" require additional approval
- Must be distinguishable: From all existing Delaware business names on file
Name Reservation Available
You can reserve your Delaware LLC name for 120 days by filing a Name Reservation with the Delaware Division of Corporations for $75. Brendat checks name availability before filing your Certificate of Formation.
2
Appoint a Delaware Registered Agent
Every Delaware LLC must have a registered agent with a physical Delaware street address. This is required even if your business operates entirely in another state — since Delaware LLC owners often live elsewhere, a professional registered agent is essential.
Who can be your Delaware registered agent?
- A Delaware resident: Must have a physical DE address and be available during business hours
- A registered agent company: A professional service with a Delaware address — the most common option for out-of-state and non-US owners
Brendat provides registered agent service in Delaware
Since most Delaware LLC owners don't live in Delaware, a professional registered agent is the standard. Our Delaware address is listed on your Certificate of Formation. Included in Standard and Premium packages.
3
File Certificate of Formation with the Delaware Division of Corporations
Delaware calls its LLC formation document a Certificate of Formation — filed with the Delaware Division of Corporations (under the Secretary of State's office). This is a simple one-page document.
|
Method |
Fee |
Processing Time |
|---|---|---|
|
Online (standard) |
$90 |
~1 week |
|
By Mail |
$90 |
3–4 weeks |
|
Expedited (24-hour) |
$90 + $50 |
Next business day |
|
Same-day Expedited |
$90 + $100 |
Same day |
|
2-hour Expedited |
$90 + $500 |
2 hours |
What's included in the Delaware Certificate of Formation?
- LLC name
- Registered agent name and Delaware address
- Organizer's name and signature
Delaware's Certificate of Formation is one of the simplest in the US
Unlike most states, Delaware does not require member names, manager names, or ownership percentages in the public filing — preserving your privacy from day one.
4
Create an Operating Agreement
Delaware does not legally require an operating agreement, but it is strongly recommended — and for Delaware LLCs, it is especially important because Delaware law gives members maximum flexibility to structure their agreement however they choose.
Your Delaware operating agreement should cover:
- Ownership structure: Each member's percentage and capital contribution
- Profit distribution: How and when profits are divided
- Management: Who makes decisions (member-managed vs manager-managed)
- Member changes: Process for transferring or selling membership interests
- Dissolution: Steps to wind down the LLC
Included in Brendat Standard and Premium
Brendat provides a professionally drafted Delaware operating agreement with your formation documents — structured to take full advantage of Delaware's flexible LLC Act.
5
Get Your EIN (Employer Identification Number)
An EIN is your LLC's federal tax ID — required to open a US business bank account, hire employees, and file federal taxes. You apply through the IRS for free.
- US residents: Apply free online at IRS.gov — instant approval
- Non-US residents: Apply by fax using IRS Form SS-4 — 4–6 weeks
- Brendat handles this: Included in Standard and Premium packages
Open a US business bank account after your EIN
With your EIN and approved Certificate of Formation, you can open a US business bank account — even as a non-US resident. This is one of the main reasons international entrepreneurs form Delaware LLCs.
6
Pay the Delaware Annual Franchise Tax
Delaware does not require an annual report for LLCs — but it does require an annual franchise tax payment. This is a fixed flat fee for LLCs (unlike Delaware corporations, which have a more complex calculation).
- Annual franchise tax: $300 flat fee for all Delaware LLCs
- Due date: June 1 every year
- Payment: Online via the Delaware Division of Corporations website
- Late fee: $200 penalty + 1.5% monthly interest if not paid by June 1
- No annual report: Unlike most states, Delaware LLCs do not file an annual report
June 1 Deadline — Don't Miss It
Delaware's $200 late fee plus interest adds up quickly. If you miss June 1, you'll also lose your LLC's "good standing" status — which can block you from opening bank accounts or signing contracts. Brendat sends reminders before the June 1 deadline every year.
Transparent pricing
How Much Does a Delaware LLC Cost?
Full breakdown of every cost to form and maintain a Delaware LLC — no surprises.
State Filing Fee
$90
One-time fee paid to the Delaware Division of Corporations to file your Certificate of Formation
Annual Franchise Tax
$300
Flat fee paid every year by June 1. $200 late fee + interest applies if missed
Annual Report
$0
Delaware LLCs do not file an annual report — only the $300 franchise tax is required each year
Expedited Processing
+$50
Optional 24-hour processing. Same-day available for +$100. 2-hour rush for +$500
Registered Agent
$0
Included in Brendat Standard & Premium. Delaware registered agent is required — even for out-of-state owners
EIN (Federal Tax ID)
$0
Free from the IRS. Included in Brendat Standard & Premium packages
Total with Brendat Standard Plan
$149 + $90 state fee
$149 Brendat + $90 Delaware state fee + $300 annual franchise tax (due June 1) · No annual report fee
Choose your plan
Delaware LLC Formation Packages
All packages include accurate, state-specific filing. Pick what fits your needs.
Basic
$0
Brendat service fee
+ $90 Delaware state fee
Get Started Free- Certificate of Formation filed
- Name availability check
- Email support
- Digital copy of filed documents
Standard
$149
Brendat service fee
+ $90 Delaware state fee
Start for $149 →- Everything in Basic
- EIN / Federal Tax ID
- Operating Agreement
- Registered Agent (1 year)
- June 1 franchise tax reminders
- Priority processing
Premium
$299
Brendat service fee
+ $90 Delaware state fee
Get Premium- Everything in Standard
- Business bank account setup
- Compliance calendar & reminders
- Franchise tax filing support (year 1)
- Dedicated account manager
- Phone & priority support
State Comparison
Delaware vs Other Popular LLC States
How does Delaware compare to Wyoming, Nevada, and Florida for LLC formation?
| Feature | Delaware | Wyoming | Nevada | Florida |
|---|---|---|---|---|
| State Filing Fee | $90 | $100 | $75 | $125 |
| Annual Cost | $300 franchise tax | $60/yr | $350/yr | $138.75/yr |
| Annual Report | None | Required | Required | Required |
| Privacy | Strong | Very strong | Strong | Moderate |
| Investor Preferred | Yes | No | No | No |
| Court System | Court of Chancery | Standard | Standard | Standard |
| Best For | Startups, investors, non-US | Privacy, low cost | Privacy, low tax | FL businesses |
Important: Foreign LLC Registration May Still Be Required
If you form a Delaware LLC but operate your business in another state (e.g., California or New York), you will likely need to register as a foreign LLC in that state — paying that state's fees and taxes. Delaware is ideal for businesses with no physical presence in any single US state, or for those seeking investor-ready structure.
Why choose us
Why 10,000+ Entrepreneurs Choose Brendat
Fast Filing
We submit your Delaware Certificate of Formation within 1 business day. Standard processing ~1 week — same-day and 24-hour expedited options available.
100% Accuracy Guarantee
Every filing is reviewed before submission. If Delaware rejects your documents due to our error, we fix it at no charge.
Privacy First
Only our registered agent address appears on your public Delaware filing — your name and home address stay completely off the record.
June 1 Reminders
Delaware's $300 franchise tax is due June 1. We send reminders in May so you never miss the deadline and avoid the $200 late fee.
Non-US Residents Welcome
No citizenship or US residency required. We help international entrepreneurs form Delaware LLCs and obtain EINs — even without a US Social Security Number.
Real Support
Reach our team at (303) 246-8693 or by email. Plain English answers — no jargon, no runaround.
Our reviews
What Our Delaware LLC Customers Say
James T.
E-commerce LLC, London UK
"I'm based in the UK and needed a Delaware LLC to access US payment processors. Brendat handled everything — EIN, registered agent, the works. Up and running in 2 weeks!"
Priya M.
SaaS Startup LLC, Austin TX
"Our investors specifically required a Delaware LLC before they would fund us. Brendat got us set up quickly and reminded us about the June 1 franchise tax — saved us the late fee!"
Carlos R.
Holding LLC, Miami FL
"I chose Delaware for the privacy — I didn't want my name on any public filing. Brendat's registered agent service was exactly what I needed. Simple, professional, affordable."
Common questions
Delaware LLC — Frequently Asked Questions
Answers to the most common questions about forming and maintaining a Delaware LLC.
How much does it cost to form an LLC in Delaware?
The Delaware state filing fee is $90 paid to the Delaware Division of Corporations. In addition, all Delaware LLCs pay a $300 annual franchise tax due June 1 every year. Brendat's service starts at $0 (Basic) or $149 (Standard, which includes EIN, operating agreement, and registered agent). Total first-year cost with Standard is approximately $539 (including the $300 franchise tax).
What is the Delaware LLC franchise tax?
Delaware charges every LLC a flat $300 annual franchise tax, due by June 1 each year. This is not based on revenue or profit — all Delaware LLCs pay the same $300 regardless of size. A $200 late fee plus 1.5% monthly interest applies if you miss the June 1 deadline. Delaware LLCs do not file an annual report — the franchise tax is the only recurring state obligation.
Why do so many businesses form LLCs in Delaware?
Delaware is popular for several reasons: strong privacy protections (member names not required in public filings), the specialized Court of Chancery for business disputes, maximum flexibility in operating agreements, no Delaware income tax for non-Delaware businesses, and investor preference — most venture capital firms require or strongly prefer Delaware entities. Over 65% of Fortune 500 companies are incorporated in Delaware.
Can a non-US resident form a Delaware LLC?
Yes — this is one of Delaware's biggest advantages. There is no US citizenship or residency requirement to form a Delaware LLC. Non-residents need a Delaware registered agent (Brendat provides this). For your EIN, non-residents must apply by fax using IRS Form SS-4 since the online IRS portal requires a US Social Security Number. Brendat assists with this process.
Is a Delaware LLC anonymous?
Delaware offers strong privacy — member and manager names are not required in the Certificate of Formation, which is a public document. Only your registered agent's name and address appear publicly. However, your information may still be required in other contexts — such as bank account applications, IRS filings, or if you register as a foreign LLC in another state. For maximum anonymity, Wyoming is generally considered stronger.
Do I need to live in Delaware to have a Delaware LLC?
No — the vast majority of Delaware LLC owners do not live in Delaware or even in the US. You simply need a Delaware registered agent with a physical Delaware address (which Brendat provides). You can manage your Delaware LLC from anywhere in the world.
Delaware vs Wyoming LLC — which should I choose?
Choose Delaware if you plan to raise venture capital or investment funding, need the credibility of Delaware's Court of Chancery, or are building a startup that may eventually convert to a corporation. Choose Wyoming if your main goals are low annual cost ($60/year vs Delaware's $300), maximum privacy (Wyoming offers stronger anonymity), or a simple low-maintenance LLC with no investor plans. Both are excellent choices for non-US residents.
Ready to Start Your Delaware LLC?
Join thousands of entrepreneurs, startups, and international business owners who have chosen Delaware. Brendat handles your Certificate of Formation, EIN, registered agent, and franchise tax reminders.
Form My Delaware LLC
$149 + $90 DE state fee · Privacy-first · 100% accuracy guarantee