Industry Advisors

Delaware LLC

Two-thirds of Fortune 500 companies are incorporated in Delaware. There's a reason — and for the right kind of business, that same reason makes Delaware the smartest place for your LLC, too.

Why Delaware

Four advantages that have held for a century:

  • The Court of Chancery — A dedicated business court with judges (not juries) and over 200 years of precedent. The most predictable business jurisdiction in the United States.
  • No state income tax on out-of-state activity — If your LLC is formed in Delaware but does business elsewhere, Delaware doesn't tax that revenue.
  • Privacy — Delaware doesn't require member or manager names on the public filing.
  • Investor familiarity — If you ever raise venture capital, almost every term sheet assumes a Delaware entity. Forming there from day one avoids a costly conversion later.

Who Delaware is right for

Delaware makes the most sense for: holding companies, businesses with multi-state operations, companies planning to raise outside capital, and any entity where investor relations or asset protection matter more than a few hundred dollars in annual fees.

Delaware is not always right for: a local single-owner business operating only in your home state. In that case, you'll pay Delaware franchise tax and register as a foreign entity in your home state — double the compliance, double the fees. We'll tell you straight if Delaware isn't the right call.

What's included

  • Delaware Certificate of Formation filed with the Division of Corporations
  • EIN from the IRS
  • Custom Delaware operating agreement (single-member or multi-member)
  • Delaware registered agent for the first year (then $99/year)
  • Annual franchise tax calendar reminder (Delaware LLCs owe $300 by June 1 each year)
  • Foreign qualification in your home state if applicable

Timeline & cost

Standard Delaware LLC formation: $299 plus the $110 state filing fee = $409 total. Expedited 1-hour filing available for an additional $100. Most filings complete the same business day.

Ongoing Delaware costs

Delaware LLCs owe a flat $300 annual franchise tax due June 1. Plus the registered agent renewal (we charge $99/year). That's it — no separate annual report filing for LLCs (unlike Delaware corporations).