How do I form an LLC in Delaware?
To form an LLC in Delaware, file a Certificate of Formation with the Delaware Division of Corporations, pay the $90 filing fee, and appoint a registered agent located in Delaware. Standard processing takes 3-5 weeks, but 24-hour expedited service is available for $100.
Delaware's formation process: (1) Choose a business name (check availability at corp.delaware.gov), (2) Appoint a Delaware registered agent, (3) File Certificate of Formation ($90 standard, $190 for 24-hour), (4) Obtain your EIN from the IRS, (5) Draft an operating agreement (not legally required in Delaware but strongly recommended), (6) Pay the annual $300 franchise tax. Delaware is preferred by venture-backed startups because of the Court of Chancery (specialized business court), well-established corporate law precedent, and investor familiarity with Delaware entities.