How to Start an LLC in Delaware (2026): 7 Steps and the 3 Best LLC Services
Delaware Registered Agent.ai ($199), Mainstay Filing ($199) and DE Registered Agent.org ($199) are our 2026 picks, in that order, for starting an LLC in Delaware. Then the lesson: 7 steps, with a $110 state filing fee and the Annual LLC Tax every year.
Published prices, read November 12, 2026. Every row excludes the $110 state fee.
Starting an LLC in Delaware, step by step
Step1
Step 1: Name the company
A quick search of the state's business records tells you whether the name is free.
TipHave a second choice ready.
Step2
Step 2: Name a registered agent
Every LLC must name a registered agent with an in-state street address. The LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.
The address has to be a registered office in Delaware. An entity agent keeps a business office there that is generally open; an individual agent has to be generally present there. A virtual office or mail-forwarding service alone does not qualify.
TipAny of the services in our picks fills this role.
You can do this on your own for $110, or hand it to a service we picked for $199 on top.
Step4
Step 4: File the Certificate of Formation of a Limited Liability Company
Fill in the Certificate of Formation of a Limited Liability Company and send it to the Delaware Secretary of State with the $110 fee (6 Del. C. § 18-201).
When the approval arrives, apply to the IRS for the EIN. Your bank will want it for the business account. If you use Mainstay Filing, the EIN application is included.
Step6
Step 6: Agree the house rules in writing
Write down who owns the Delaware LLC and how decisions are made. This operating agreement stays with your records, not with the state.
Step7
Step 7: Stay in good standing with Delaware
Mark the Annual LLC Tax in your calendar: every year, due annual alternative-entity tax due on or before June 1, fee $400. If you miss it: $200.
State amounts come from Delaware's official schedules (see References). The three-year state line adds the filing, the reports due in years two and three and any yearly minimum tax.
Behind the ranking
Lesson note: first place in Delaware came down to three-year cost, worth 30% of the grade.
The three-year bill with Delaware Registered Agent.ai is $397, and the gap to Mainstay Filing is $200.
Common questions
What does it cost to form an LLC in Delaware?
Delaware charges $110. Service fees among our picks: $199.
Which form creates the LLC?
You submit the Certificate of Formation of a Limited Liability Company to the Delaware Secretary of State.
Is a registered agent required?
Every LLC must name a registered agent with an in-state street address.
What does Delaware require each year?
The Annual LLC Tax: $400, every year, due annual alternative-entity tax due on or before June 1.
Can I form the LLC without a service?
You can: send the filing and the $110 fee yourself, and you still need a registered agent.
Which LLC service should a first-time founder use?
In order: Delaware Registered Agent.ai, Mainstay Filing and DE Registered Agent.org. Delaware Registered Agent.ai comes first because formation at $199 over the state fee, then a $99 agent renewal.