Module 1 · Delaware
How to Start an LLC in Delaware (2026): a 7-Step Lesson and the 3 Best LLC Services
Quick facts
Lesson goals
- How much Delaware charges to form an LLC, and who receives the filing
- What the agent rule says
- What comes after formation
- Our graded picks and the reasoning
If you would like help with the filing
1. Delaware Registered Agent.ai: best for a budget formation
Delaware Registered Agent.ai earns the highest mark because formation costs $199 beyond the state fee, and the agent renews at $99.
On three-year cost it beats Mainstay Filing, which is a big part of our grading.
You file the Annual LLC Tax on your own every year.
What the price covers
- The filing is done for you
- The first year of agent service
Marks in its favor
- A low $99 renewal
- $199 plus the state fee
- Agent covered for year one
Where it loses points
- There is no Annual LLC Tax service
- The EIN application costs $99 extra
2. Mainstay Filing: best for new founders who want it handled
Mainstay Filing lands in second place, and the reason is clear: one yearly price of $199 does three lesson steps for you: the filing, the registered agent and the annual tax.
Delaware Registered Agent.ai is $200 lower across three years, which keeps this one out of first.
You never file the Annual LLC Tax yourself; only the $400 state fee is added.
What the price covers
- Filing with the state
- Registered agent for twelve months
- Annual tax prepared and filed
- The EIN application
- No markup on the state fee
Marks in its favor
- The EIN application is included
- One yearly price of $199, with the annual tax included
- $199 at renewal
Where it loses points
- Delaware Registered Agent.ai renews for $100 less
3. DE Registered Agent.org: best for a local filer
Next on the report card comes DE Registered Agent.org, graded third: formation costs $199 beyond the state fee, and the agent renews at $99.
You file the Annual LLC Tax on your own every year.
Delaware Registered Agent.ai and this service charge the same.
What the price covers
- The filing is done for you
- The first year of agent service
Marks in its favor
- A low $99 renewal
- $199 plus the state fee
- Agent covered for year one
Where it loses points
- There is no Annual LLC Tax service
- The EIN application costs $99 extra
The 3 graded picks compared
| # | Service | First year | From year two | Three-year total | |
|---|---|---|---|---|---|
| 1 | Delaware Registered Agent.ai | $199 | $99/yr | $397 | Visit Delaware Registered Agent.aiPartner link. We may earn money if you buy. |
| 2 | Mainstay Filing | $199 | $199/yr | $597 | Visit Mainstay FilingPartner link. We may earn money if you buy. |
| 3 | DE Registered Agent.org | $199 | $99/yr | $397 | Visit DE Registered Agent.orgPartner link. We may earn money if you buy. |
The steps
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Step
1Pick a name and make sure it is free
Before filing, search the business records at the Delaware Secretary of State so you know the name is not already on the Delaware register.
Have a spare name ready.
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Step
2Find your registered agent
Every LLC must name a registered agent with an in-state street address. The LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.
The address has to be a registered office in Delaware. An entity agent keeps a business office there that is generally open; an individual agent has to be generally present there. A virtual office or mail-forwarding service alone does not qualify.
All of our picks fill the registered agent role.
Where this comes from: delcode.delaware.gov confirms it, as of October 2026
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Step
3File it on your own, or hand it off
Filing directly costs only the $110 state fee. A service adds $199 but handles the forms. See the graded list.
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Step
4Turn in the Certificate of Formation of a Limited Liability Company
Here is the filing that creates the company: the Certificate of Formation of a Limited Liability Company, which you deliver to the Delaware Secretary of State with a $110 fee, under 6 Del. C. § 18-201.
Where this comes from: delcode.delaware.gov confirms it, as of October 2026
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Step
5Get your EIN from the IRS
Once approved, the LLC can get a federal tax ID, the EIN, from the IRS. A business bank account will need it. The EIN application is one of the things Mainstay Filing does for you.
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Step
6Sign an operating agreement
The owners sign an operating agreement covering shares, votes and what happens if someone leaves. It stays in your files and is not filed with the state.
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Step
7Keep the LLC active
What recurs is the Annual LLC Tax ($400, every year, by annual alternative-entity tax due on or before June 1). Filing late adds $200.
Where this comes from: legis.delaware.gov confirms it, as of October 2026
What you will pay
| What | Paid to | Price |
|---|---|---|
| Formation filing | State office | $110 |
| Annual LLC Tax | State office | $400 every year |
| Late fee | State office | $200 |
| Optional service | The provider | $199 in year one |
| State total over three years | State office | $910 |
How we graded the Delaware picks
edged ahead of on tuition over three years, which counts for 32%.
Over years one to three, Delaware Registered Agent.ai costs $397 and Mainstay Filing costs $200 more.
Test yourself on Delaware
How much does Delaware charge to form an LLC?
Filing costs $110. Add $199 if a service files it for you.
Which form creates the LLC?
The LLC comes into being when the Delaware Secretary of State accepts the Certificate of Formation of a Limited Liability Company.
Is a registered agent required?
Every LLC must name a registered agent with an in-state street address.
What does Delaware require each year?
Keep an eye on the Annual LLC Tax: $400, every year, annual alternative-entity tax due on or before June 1.
Can I form the LLC without a service?
The state takes filings directly from owners, so you can skip the service; expect $110 plus a registered agent.
Which LLC service should a first-time founder use?
By grade: Delaware Registered Agent.ai, Mainstay Filing and DE Registered Agent.org. Delaware Registered Agent.ai is first because $199 on top of the state fee, with the first year of agent service thrown in, then $99 yearly.
Class references
- Source for Delaware yearly filing: Recurring obligation, official source: corp.delaware.gov, confirmed in October 2026, and the reason our figures match the official ones.
- Source for Delaware yearly filing: Recurring obligation, official source: corp.delaware.gov, confirmed in October 2026, and the reason our figures match the official ones.
- Source for Delaware yearly filing: HB 400, official source: legis.delaware.gov, confirmed in October 2026, and the reason our figures match the official ones.
- Source for Delaware report due date: delcode.delaware.gov, confirmed in August 2026, and the reason our figures match the official ones.
- Source for 6 Del: delcode.delaware.gov, confirmed in August 2026, and the reason our figures match the official ones.
- Source for Delaware registered agent statute: delcode.delaware.gov, confirmed in October 2026, and the reason our figures match the official ones.
- Delaware Registered Agent.ai pricing page: opened and read on November 13, 2026
- Mainstay Filing Delaware service page: opened and read on November 13, 2026
- DE Registered Agent.org pricing page: opened and read on November 13, 2026