Delaware Certificate
of Formation
CONTENTS
As you might’ve expected, you need to file official papers with the state before you can legally start your Delaware LLC. You’d fill out the certificate of formation, and it’d be filed with the Delaware Division of Corporations.
To find out more about the Delaware certificate of formation, keep reading. We’ll show you how to get it, how to file it, and more.
Where to Get the Delaware Certificate of Formation
The Delaware certificate of formation is available on the Delaware Division of Corporations’ website. It’s easy to download and print out to fill out by hand.
With that said, you can file the document either by mail or online.
The mailing address to use is:
Division of Corporations
John G. Townsend Building
401 Federal Street
Suite 4
Dover, DE 19901
To file online, use eCorp Business Services.
How Much Does Filing a Delaware Certificate of Formation Cost?
It’ll cost you $110 to file the Delaware certificate of formation, and if you want a certified copy, you can pay an extra $50 to get one.
There are also expedited services available if you’re in a rush. Here are the following services with their associated prices:
- One hour: $1,000 (must be received by 9:00 pm EST or EDT)
- Two hour: $500 (must be received by 7:00 pm EST or EDT)
- Same day: $100 (must be received by 2:00 pm EST or EDT)
- Next day: $50 (must be received by 7:00 pm EST or EDT)
The available payment methods are:
- Debit card
- Credit card
- ACH withdrawal (online)
- Check (by mail)
- Money order (by mail)
How to File a Delaware Certificate of Formation
As mentioned, there are two ways to file: by mail or online. For both ways, you’ll have to fill out the third page of the PDF, which is really short.
Here’s the information you’ll have to provide in the blanks:
- The LLC's name
- The LLC's registered office address (street, city, and zip code)
- The name of the LLC's registered agent
Then, you’ll sign the document and print or type your name in the last blank. Do note that this should be signed by an authorized person, which can be anyone who you’ve given consent to. So it doesn’t necessarily have to be you signing the paper.
If you’re filing by mail, there’s an extra step: you’ll have to include a cover letter. This should have your:
- Name
- Address
- Telephone or fax number
When filing online, do know that you can only use the filing system during regular business hours. Also, you must scan the filled-out document and save it as a PDF, which you’ll attach when clicking on “Document upload.” Then, you’ll fill in the rest of the page, and then submit your payment.
If you don’t want to deal with the hassle of filling out and filing this document, then use our free business registration service. All you’ll have to pay is the state fees, and it comes with a free year’s worth of registered agent service.
Delaware Certificate of Formation Processing Time
The processing time for the Delaware Division of Corporations will vary depending on what time of the year you file. However, on average, it takes about 10 business days from the moment they receive your document.
As a reminder, you can always pay extra for expedited services if you’re in a hurry.
Delaware Certificate of Formation FAQs
If you still have questions after reading the above, then check out our FAQs. The answers may be below.
What happens if I don’t file a certificate of formation correctly?
Delaware is a popular choice for LLC formation due to its business-friendly laws, strong legal protections, and lack of state sales tax. Many businesses also appreciate Delaware’s Court of Chancery, which specializes in business disputes.
Does the certificate of formation require the names of members or managers?
No. Delaware does not require you to list members or managers on the Certificate of Formation.
Can I file a Delaware LLC without a registered agent?
No. You must designate a Delaware-registered agent with a physical address in the state.
Do I need an operating agreement when filing the certificate of formation?
No, an operating agreement is not required for filing, but it is highly recommended for outlining ownership and management structure.
How do I make changes to a certificate of formation?
You must file a Certificate of Amendment with the Delaware Division of Corporations. This document has a $194 filing fee ($9 for each additional page past page one).
Does filing a certificate of formation mean my LLC is tax-exempt?
No, forming an LLC does not automatically grant tax-exempt status. You may need to file additional tax forms depending on your business structure.
Can I change my LLC’s name after filing?
Yes. You can file a certificate of amendment to update the LLC name.
Can I dissolve my LLC if I no longer need it?
Yes. You must file a certificate of cancellation and pay the required fee to officially dissolve your LLC in Delaware.
Step-by-Step Guide to
Forming a Delaware LLC
Delaware LLC Starter Guide
A step-by-step guide to forming an LLC in Delaware, covering all legal and operational requirements.
1. Delaware Name Search
Learn how to check the availability of your desired LLC name and ensure compliance with Delaware naming rules.
3. Delaware Certificate of Formation
Find out how to file the Certificate of Formation, the official document that establishes your LLC.
4. Delaware Operating Agreement
Discover why an Operating Agreement is crucial for defining the structure and management of your LLC.
