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Delaware LLC · Step 3 of 8 · Verified June 2026

Delaware LLC Certificate of Formation — Step 3 of 8

This is the filing that actually creates your LLC. Delaware's Certificate of Formation is one of the shortest in the country — just five pieces of information — and notably, it doesn't ask who owns or manages the company. Here's exactly what goes on it, how to file, and a readiness checklist to get a clean approval on the first try.

Ahmad Adil Written & verified by Ahmad Adil, LLC School·Updated June 2026
Quick Answer

File the Certificate of Formation for $110 with the Delaware Division of Corporations to create your LLC. It requires just five things: your LLC name, your registered agent's name and Delaware address, and your organizer's name and signature. Members and managers aren't listed. File online or by mail; expedited service is available for an extra fee.

Step 3 — Fast Facts
Filing fee
$110
Required fields
5
Members listed?
No
Filed with
Div. of Corporations
Expedite
From $50
Refundable?
No
Next step
Step 4 →

What the Certificate of Formation Is

The Certificate of Formation is the legal document that brings your Delaware LLC into existence. Once the Division of Corporations accepts it, your LLC officially exists. Other states call this the "Articles of Organization," but in Delaware it's the Certificate of Formation — same idea, different name.

What makes Delaware's version stand out is how little it asks for. There's no requirement to list members or managers, which is the foundation of Delaware's reputation for privacy. The entire filing is just five fields:

The five required fields

  1. LLC name — including a designator (LLC or L.L.C.) and distinguishable from existing entities.
  2. Registered agent name — the individual or company accepting legal documents for you.
  3. Registered agent address — a physical Delaware street address (no P.O. boxes).
  4. Organizer name — the person submitting the certificate (needn't be a member or manager).
  5. Organizer signature — can be an electronic signature when filing online.

Notice what's not on the formNo member names. No manager names. No business purpose. No capital details. Delaware deliberately keeps the public filing minimal — which is exactly why owners who value privacy like it. Your ownership lives in your operating agreement, an internal document you don't file with the state.

Filing-Readiness Checklist

Check off each item as you go — the ring fills as you get closer to a clean, first-try filing:

0%Ready
Filing-Readiness Checklist
8 things to have ready before you file
Confirmed your LLC name is available & compliantChecked on the Division of Corporations search
Secured your Delaware registered agentName + physical Delaware street address
Decided who your organizer will beYou, or a formation service for privacy
Chosen your filing methodOnline or by mail with the Division of Corporations
Ready to pay the $110 feePlus any optional expedite fee
Decided how you'll handle privacyUse a service as organizer to stay off the record
Planned your operating agreementInternal doc — set up after approval (recommended)
Calendared the $300 franchise taxDue June 1 of the year after you form
Check the boxes above as you prepare.
You're ready — File with Delaware
Delaware LLC Certificate of Formation ready to file with the Division of Corporations

How to File

  • Go to the Division of Corporations (corp.delaware.gov) and start a new LLC Certificate of Formation.
  • Enter the five fields — name, registered agent name and Delaware address, and organizer name and signature.
  • Pay $110 (add an expedite fee if you need it faster) and submit.
  • Save your stamped certificate — you'll need it for banking, your EIN, and your records. A certified copy is $50.
File the Certificate of Formation — $110Official Delaware Division of Corporations
File with Delaware

Processing Times & Expedited Options

Delaware doesn't publish a fixed standard-processing timeline — it shifts with volume — so if you're on a deadline, an expedite tier is the safe move. The options range from inexpensive next-day service to premium same-hour handling:

  • From $50 — next-business-day service, the most cost-effective upgrade for most filers.
  • Same-day, 2-hour, and 1-hour tiers — escalating fees up to $1,000 for 1-hour service, mainly used by attorneys on time-sensitive deals.

What happens after approvalYour LLC exists the moment Delaware accepts the certificate. From there, your main recurring obligation is the flat $300 franchise tax due June 1 — and the first one isn't due until the year after you form. Delaware LLCs file no annual report. Set a reminder and you're set.

The filing fee isn't refundableDelaware doesn't refund the Certificate of Formation fee, and a name conflict will get your filing rejected — wasting both time and any expedite fee you paid. Run the official name search before you file. If your certificate has a minor defect, Delaware may let you correct it within a limited window rather than rejecting it outright, but it's far simpler to get it right the first time.

Ahmad Adil's Take: Delaware's certificate is genuinely one of the easiest filings in the country — five fields and you're done. The two things I'd flag: first, double-check the name on the live database before you pay, because the fee doesn't come back. Second, if privacy is part of why you chose Delaware, have your formation service act as the organizer — the organizer's name is the one piece of identifying info on the form, and once it's filed, it's public. Beyond that, file it, save your stamped copy, and move on to your operating agreement and EIN.
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Frequently Asked Questions

Certificate of Formation — FAQ

How much does the Delaware Certificate of Formation cost?
The filing fee is $110, which includes the filing and municipality fees. Expedited processing costs extra (starting around $50 for next-business-day). The fee is not refundable, so confirm your name is available before filing.
What information is on a Delaware Certificate of Formation?
Just five fields: the LLC name, the registered agent's name, the registered agent's Delaware address, the organizer's name, and the organizer's signature. Members and managers are not listed.
Do I have to list the LLC's owners?
No. Delaware does not require members or managers to be named on the Certificate of Formation — a key part of its privacy appeal. Ownership is documented internally in your operating agreement, which is not filed with the state.
Who can be the organizer?
Anyone can be the organizer — they simply sign and submit the certificate and don't have to be a member or manager. Many owners use a formation service as the organizer so their own name stays off the public record.
Can I file online?
Yes. You can file online through the Delaware Division of Corporations or by mail at the same base price. Online filing supports electronic signatures. Expedited tiers are available either way if you're on a deadline.
How long does approval take?
Delaware doesn't publish a fixed standard timeline — it varies with volume. If you need speed, an expedite tier (from about $50 for next-business-day up to $1,000 for one-hour) guarantees a fast turnaround. Contact the Division to confirm current queue times.
What do I do after my certificate is approved?
Create your operating agreement, get a free EIN, open a business bank account, and calendar the $300 franchise tax due June 1 each year. Delaware LLCs file no annual report.
Ahmad Adil, founder of LLC School
About the Author
Ahmad Adil

Ahmad Adil is the founder and CEO of LLC School. The details here — the $110 filing fee, the five required fields, the fact that members and managers aren't listed, the organizer rules, the non-refundable fee, and the expedited-service tiers — were verified against the Delaware Division of Corporations. LLC School updates its Delaware guides as the rules change.

About Ahmad Adil → Delaware LLC Overview →
Up Next · Step 4 of 8
Create Your Operating Agreement
The internal document that sets ownership and management — where your members actually live.
Step 4: Operating Agreement
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