Start an LLC in Delaware · All 50 states
Delaware is where investors expect a startup to live, and where plenty of LLCs are formed by owners who never set foot in the state. Here is the whole process, what it costs every year, and when Delaware is the wrong call.
By the Lobi Space compliance team. Current as of October 2026. Lobi Space is not a law firm and does not give legal advice; we prepare and file documents at your direction.
Step by step
Five steps from name to EIN. We handle the filing steps for you at your direction, and you keep the decisions.
The name must include "Limited Liability Company", "L.L.C." or "LLC" and be distinguishable from every entity on the Delaware record. You can reserve a name for 120 days for $75. It is optional.
Delaware requires every business entity to keep a registered agent with a physical street address in Delaware. If you have no office there, you need a commercial agent.
A one page filing with the Division of Corporations. It states the LLC name and the registered agent's name and address. The state fee is $110.
Delaware's LLC Act runs on the LLC agreement. It is not filed with the state, but it sets ownership, voting and what happens when a member leaves.
The IRS issues your EIN for free. If the LLC will do business in another state, such as Illinois, register it there as a foreign LLC before you start.
Want the general version first? Read how to set up an LLC and what every formation add-on actually is.
Costs
State fees only: what you pay once, what repeats and what is optional. You also need a registered agent in Delaware. Ours is $95 per entity, per state, per year, through our partner network.
Compare our service fees on formation pricing.
| Item | State cost | How often |
|---|---|---|
| Certificate of Formation | $110 | One time |
| Name reservation, 120 days | $75 | Optional |
| Expedited filing | $50 for 24 hour, $100 same day, $500 for 2 hours, $1,000 for 1 hour | Optional |
| Annual LLC tax | $400, up from $300 starting with the 2026 tax year | Every year, due June 1 |
| Late tax | $200 penalty plus 1.5% interest a month | Only if you miss June 1 |
Privacy
On the state record, mostly yes. The Certificate of Formation only has to state the LLC's name and its registered agent's name and address (6 Del. C. § 18-201). Members and managers are not listed, and Delaware LLCs file no annual report, so owner names never reach the state record later either.
Two caveats. The authorized person who signs the certificate is named on it, so founders who want privacy let their agent or filing service sign. And privacy from the public is not privacy from your bank, the IRS or a court: they will all know who owns the company.
Federal reporting is not the issue it was: FinCEN's final rule of August 2026 removed beneficial ownership reporting for US companies and US persons. Read what changed in Anonymous LLC in 2026.
Timing
Delaware does not publish a standard turnaround and warns that processing slows in its busy season. For an LLC formation you can pay for speed on top of the $110 filing fee: $50 for 24 hour service, $100 for same day (received before 2 p.m. Eastern), $500 for 2 hours and $1,000 for 1 hour.
Names
Registered agent
Ours is $95 per entity, per state, per year.
Is it right for you
Corporations
A Delaware corporation files a Certificate of Incorporation. The minimum state fee is $109 and it rises with the number of authorized shares.
Every year by March 1 it files an annual franchise tax report, with a $50 filing fee, and pays franchise tax. The minimum is $175 under the authorized shares method or $400 under the assumed par value capital method, and the maximum under either method is $200,000. Startups that authorize millions of shares often get a frightening bill under the authorized shares method; recalculating under the assumed par value capital method, using the company's gross assets and issued shares, can bring it down to a far smaller number.
That annual report lists the names and addresses of all directors and of the officer who signs it (8 Del. C. § 502), so a corporation's directors are on the record. Venture backed startups usually choose a Delaware C corporation anyway, because that is what investors ask for.
We file corporations too. Pro and Premium include bylaws and initial corporate documents.
Taxes and publication
Delaware taxes corporations doing business in Delaware at 8.7% of federal taxable income allocated and apportioned to Delaware, according to the Division of Revenue.
That is separate from the $400 LLC tax and the corporate franchise tax, which every Delaware entity pays whether or not it does business there.
Publication: Delaware has no newspaper publication requirement for LLCs.
Operating in Illinois
Forming in Delaware does not take your company out of Illinois. If your Delaware company has an office, staff or regular operations in Illinois, it generally has to register in Illinois as a foreign company before it does business here. For an LLC that is the Application for Admission to Transact Business, and the Illinois fee is $150, the same as forming a new Illinois LLC.
After that you pay both states every year: Delaware's own annual costs plus the Illinois annual report, $75 for an LLC. You also need an Illinois registered agent with a street address here. That is the double cost most Illinois founders do not see coming, and it is why a business that only operates in Illinois is usually better off with an Illinois LLC.
If you do form in Delaware and operate here, we can be your Illinois registered agent from our staffed office in Chicago.
We check the name, prepare the filing and send it at your direction. You get the documents and a team that answers the phone.
Filing service packages
One time service fees, prepared by a person you can call. The Delaware state fee is passed through at cost and confirmed in your quote before anything is filed.
plus the Delaware state fee, at cost
Your Delaware LLC or corporation filed, with your EIN, by a team you can call.
Continue with StarterIncluded
plus the Delaware state fee, at cost
Everything in Starter, plus the documents your bank asks for and a registered agent.
Continue with ProIncluded
plus the Delaware state fee, at cost
Everything in Pro, plus your first annual report filed and the documents to run the company.
Continue with PremiumIncluded
All 50 states
Same packages, same team, any state. These are the guides founders ask us about most, with the state fee to file and the yearly cost to keep the company active.
Lobi Space is not a law firm, and no one on our staff, including our notary public, is an attorney licensed to practice law in Illinois. We prepare and file formation documents only at your direction, using the information you give us. We cannot give legal or tax advice, tell you which entity type to choose, or review your situation the way a lawyer would. For those decisions, talk to an Illinois attorney or a CPA.
Notice from our notary public (Illinois law, 5 ILCS 312/3-103)
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE ACTIVITIES.
Sources: Delaware Division of Corporations, checked October 2026. Written by the Lobi Space compliance team, current as of October 2026. State fees and rules change; we confirm the current fee before we file. This page is general information, not legal advice.
From $145 plus the Delaware state fee. A person on our team checks the name, prepares the filing and sends it at your direction.
