Delaware lesson 3 of 6
File the Certificate of Formation
Delaware calls the formation document a Certificate of Formation, and it is short by design. The state fee is $110.
What the certificate requires
At minimum, the certificate states the LLC's name and the name and address of its registered agent in Delaware. It does not require member or manager names, a stated purpose, or details of management structure, all of which can instead live in a private operating agreement.
Fee and filing route
The state filing fee is $110. Delaware does not offer the kind of consumer-facing online self-filing portal some states use; filings are typically submitted by mail, fax or courier to the Division of Corporations in Dover, often through a registered agent or filing service acting on the LLC's behalf.
- Standard processing moves with the Division's queue
- Paid expedited service tiers are available for same day, 24 hour, and other faster turnaround options
After approval
The Division returns a stamped, filed copy of the certificate. Keep it with your records, since banks and other states you register in will ask to see it. Next, adopt an operating agreement. It is not filed with the state, but Delaware's Limited Liability Company Act gives it wide latitude to override statutory defaults, which is a big part of why sophisticated investors favour Delaware LLCs.
Key takeaways
- The Certificate of Formation costs $110 and discloses only the name and registered agent.
- Filing usually goes through a registered agent rather than a public online portal.
- Paid expedited tiers are available for faster turnaround.
Frequently asked questions
Do I have to live in Delaware to form a Delaware LLC?
No. There is no residency requirement for members or managers. Only the registered agent must maintain a Delaware office.
Is an operating agreement required in Delaware?
It is not filed with the state, but it is where ownership, voting and profit allocation are set out, and Delaware law gives it broad power to override default statutory rules.
Official sources
Or let us file your Delaware LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Certificate of Formation, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team