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Delaware LLC Formation
Series LLC. Court of Chancery. Business Law Authority.

Delaware is where 65% of Fortune 500 companies are incorporated, and for good reason. The nation's most sophisticated business court, the most flexible LLC statute in the country, and the Series LLC structure for multi-property investors. Privacy-first formation at $229 + $99 state fee. Registered agent $99/yr.

Series LLC Available Court of Chancery VC-Preferred Jurisdiction Most Flexible LLC Statute

Delaware LLC Formation, Compared Side By Side

Service fees compared honestly. Delaware's $90 state filing fee is set by the state and set by the state and collected at the time of filing ; this fee is the same for every Delaware filer.

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Feature State LLC Service LegalZoom ZenBusiness
Delaware LLC Formation $229 + $99 state $249+ + state $199+ + state
Registered Agent (annual) $99/yr flat $249/yr $99 Year 1, then $199/yr
Series LLC Support Available, properly drafted Not standard Not standard
Organizer Privacy (name off filing) Automatic, every filing Not standard Not standard
Operating Agreement Included, Delaware-specific $249 Pro $199 Pro
Year 2+ Renewal $99/yr $249/yr $199/yr
5-Year Total (Formation + RA) $625 + state fees $1,494+ + state fees $895+ + state fees

You save up to $869 over 5 years versus LegalZoom, with Delaware-specific operating agreements, Series LLC support, and organizer privacy that competitors don't include. Competitor pricing reflects published rates verified April 2026.

★ Our Gold Star Standard ★
✗ Common Industry Practices
Privacy protection, we file as organizer so your name is not on the public filing
Most competitors don't file as organizer, your personal name ends up on the public record
Properly drafted Delaware Series LLC support for multi-property investors
Generic Articles of Formation, no Series LLC structure or guidance offered
Delaware-specific operating agreement built around the LLC Act's flexibility
One-size-fits-all template that doesn't take advantage of Delaware statute
$99/yr registered agent, flat, every year, no first-year-bait pricing
$99 Year 1, then quietly bumps to $199–$249/yr at renewal
Standard processing, no rush fees added on top of what you already paid
Want it faster? Expect a $99+ rush fee on top of the formation price

Why Delaware Is the Gold Standard for Business Law

Delaware earned its reputation over more than a century of business-friendly legislation and judicial expertise. These are the reasons businesses of every size, from first-time LLCs to Fortune 500 corporations, choose Delaware.

The Delaware Series LLC

Delaware's Series LLC lets you operate multiple segregated business units, each with its own assets, liabilities, and members, under a single LLC filing. Real estate investors use it to hold each property in a separate series. If one series faces a lawsuit, the assets in other series are shielded. One filing fee, one registered agent, multiple protected segments.

Court of Chancery, No Jury Trials

The Delaware Court of Chancery is a specialized equity court where all business disputes are decided by experienced judges, not juries. It has over 200 years of business case law, producing some of the most predictable and well-reasoned corporate legal precedent in the world. For complex governance, fiduciary duty, or contract disputes, Delaware's courts are in a class of their own.

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Venture Capital's Preferred Jurisdiction

Most venture capital firms and institutional investors are deeply familiar with Delaware law and often require Delaware entities for investment. If you plan to raise outside capital, take on investors, or issue equity to employees, a Delaware LLC (or Delaware C-corporation) is the structure most investors expect to see. Starting in Delaware avoids a costly conversion later.

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Maximum Statutory Flexibility

The Delaware Limited Liability Company Act gives LLC members extraordinary freedom to customize governance through their operating agreement. Nearly any provision that can be agreed upon can be enforced, voting structures, profit allocations, management hierarchies, transfer restrictions, and buyout formulas. Delaware courts consistently uphold operating agreement provisions that would be challenged in other states.

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Real Estate Portfolio Efficiency

Real estate investors with multiple properties frequently choose the Delaware Series LLC to consolidate holdings under one umbrella while maintaining legal separation between properties. Rather than forming, and paying annual fees for, a separate Wyoming or Florida LLC for each property, a single Delaware Series LLC with multiple series can achieve the same protection at a fraction of the administrative cost.

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No Delaware Tax on Out-of-State Income

Delaware does have a state income tax, but Delaware does not tax income earned outside Delaware by non-resident LLC owners. If your Delaware LLC operates in other states and you live outside Delaware, Delaware income tax generally does not apply to your pass-through LLC income. This makes Delaware a practical choice even for businesses with no physical Delaware presence.

How the Delaware Series LLC Works in Practice

The Series LLC is Delaware's most distinctive innovation. Here is how it works for real estate investors and multi-asset business owners.

One master LLC filing. You file one Certificate of Formation with the Delaware Secretary of State and pay one set of formation fees. The master LLC is your umbrella.
Unlimited internal series. Each series is designated in your operating agreement, not through separate filings. You can add new series as you acquire new assets without additional state filings.
Asset segregation between series. Under Delaware LLC Act § 18-215, the debts and liabilities of one series are enforceable against only that series, not the master LLC or any other series. A lawsuit against Property Series A cannot reach Property Series B.
Separate bookkeeping required. To maintain series segregation, separate books and records must be kept for each series. We recommend working with a CPA familiar with Series LLC accounting.
Series LLC Example: Real Estate Investor
Master LLC
Johnson Holdings DE Series LLC
Series A
123 Maple St rental property
Series B
456 Oak Ave rental property
Series C
789 Pine Rd Airbnb unit
Series D
Future acquisition

A liability in Series A cannot reach Series B, C, or D assets. One LLC. Multiple shields.

How to Form a Delaware LLC

Delaware formations are straightforward. Here is what happens from order to active entity.

1

Name Your LLC

Delaware LLC names must include "Limited Liability Company," "LLC," or "L.L.C." and must be distinguishable from existing Delaware entities. For a Series LLC, the name typically includes "Series" to indicate the structure.

2

We File the Certificate of Formation

We submit your Certificate of Formation to the Delaware Division of Corporations. Standard processing is typically 1–3 business days. Expedited options are available directly through the state for an additional state fee.

3

Draft Your Operating Agreement

For a standard Delaware LLC, an operating agreement establishes governance, member rights, and profit allocations. For a Series LLC, the operating agreement must explicitly establish each series and its segregation provisions. We provide an operating agreement template, a licensed attorney should review before you execute.

4

Pay Annual Franchise Tax by June 1

Delaware charges a flat $300 annual franchise tax for LLCs, due June 1 each year. We provide reminders and the payment goes directly to the Delaware Division of Revenue. Late payment triggers a $200 penalty plus interest.

Delaware LLC Formation Costs

Registered Agent Renewal: $99/yr

Flat rate every year. Delaware annual franchise tax ($300) is paid directly to the state, due June 1.

Optional Add-Ons
  • EIN Filing (with SSN): $79
  • EIN Filing (without SSN): $149
  • Business Address + Mail Scanning: $99/yr
  • S-Corp Election (Form 2553): $149
  • Foreign Registration (other states): $149 + state fees

"We value your privacy because we value ours."

Delaware does not require member or manager names on the Certificate of Formation. We file as organizer so your personal name does not appear on the formation document submitted to the state. Your registered agent address replaces your personal address on state records. Privacy from day one, no extra charge, no premium tier required.

Important note: If member or manager names are voluntarily included on the Certificate of Formation, anyone who requests a formation copy from the state will see that information. Because we file as organizer and do not list your name on the formation document, this concern is handled for you automatically.

Delaware does not require member names on the Certificate of Formation.
We file as organizer, your personal name does not appear on the initial public record.
We never sell your data to marketers, data brokers, or third parties, ever.
Your registered agent address appears on state records, not your home or office address.

Delaware LLC FAQ

Straight answers to the most common questions about Delaware LLCs and Series LLCs.

What is a Delaware Series LLC? +
A Delaware Series LLC is a single LLC that contains multiple internal "series," each with its own assets, liabilities, and members. Under Delaware LLC Act § 18-215, the debts of one series are enforceable only against that series, not the master LLC or other series. Real estate investors commonly use it to hold multiple properties under one entity with built-in liability segregation between each property.
What is the Delaware Court of Chancery? +
The Delaware Court of Chancery is a specialized equity court where business disputes are decided by expert judges, not juries. It has over 200 years of business case law, producing the most predictable and well-reasoned corporate legal precedent in the US. For complex governance, fiduciary duty, or contract disputes involving business entities, Delaware's courts are the gold standard.
How much does it cost to form a Delaware LLC? +
Delaware charges $90 for a Certificate of Formation. Our service is $229 (includes state fee, year 1 registered agent, operating agreement, and privacy filing). Registered agent renewal is $99/yr. Delaware also charges a flat $300 annual franchise tax for LLCs, due June 1 each year.
Is Delaware good for startups seeking venture capital? +
Yes. Delaware is the preferred jurisdiction for startups planning to raise venture capital. Most VC firms are familiar with Delaware law and often require Delaware entities, particularly Delaware C-corporations for equity financing rounds. Delaware LLCs work well for fund structures, real estate ventures, and holding companies. If you plan to raise outside capital, starting in Delaware avoids a costly conversion later.
Does Delaware have an annual franchise tax for LLCs? +
Yes. Delaware charges a flat $300 annual franchise tax for LLCs, due June 1. Late payment results in a $200 penalty plus 1.5% monthly interest. We send reminders and the payment goes directly to the Delaware Division of Revenue, not through us.
Why do most Fortune 500 companies incorporate in Delaware? +
Over 65% of Fortune 500 companies are incorporated in Delaware because of the Court of Chancery's predictable adjudication, the flexible Delaware General Corporation Law, a century-plus body of business case law that provides clear guidance on governance disputes, and investor familiarity. VC firms and institutional investors often prefer or require Delaware entities for investment.

Add-On Services

Already have your LLC? Need something beyond formation? We offer a full menu of business services, all at transparent, flat-rate pricing.

Most Popular Add-On

Delaware Business Address & Mail Forwarding

Get a real Delaware street address for your LLC, not a PO Box. All mail is scanned and delivered directly to your email. Use it for banking, state filings, and business correspondence. Physical forwarding available on request.

Basic, 10 mail scans/year $99/yr
Standard, 25 mail scans/year $149/yr
Unlimited, unlimited scans $59/mo

Physical mail forwarding available upon request. Shipping & handling fees apply. Each plan includes a unique suite number.

Filing & Compliance Services

We handle the paperwork so you don't have to. All filing services include state fees paid on your behalf, no surprises.

Annual Report Filing $99 + state
Certificate of Good Standing $79 + state
Amendment Filing $99 + state
Foreign Registration $149 + state
Reinstatement $149 + state
Dissolution / Withdrawal $99 + state

Tax & Legal Document Services

From EINs to S-Corp elections, we handle the filings that keep your business compliant and tax-efficient.

EIN / Tax ID (with SSN) $79
EIN without SSN (non-residents) $149
S-Corp Election (Form 2553) $149
International Document Certification $499
Certified Copies $79 + state

All add-on services are available to any Delaware LLC, you don't need to have formed through us. Already have a registered agent elsewhere? Switch to us for $99/yr plus a small one-time $39 transfer fee and get access to everything above.

Also Consider These States

Delaware is the choice for business law authority and Series LLC structures. These states offer complementary advantages.

Wyoming
Privacy + No Income Tax
$229 + $109 state
Nevada
Asset Protection + No Income Tax
$229 + $459 state
Florida
No State Income Tax
$229 + $139 state
Montana
Vehicle Registration Loophole
$229 + $39 state

Use our free Cheapest State Calculator to compare all 50 states on taxes, fees, privacy, and asset protection.

Form Your Delaware LLC Today

The nation's most flexible LLC statute. The most sophisticated business court. The Series LLC structure that serious investors choose. $229 + $99 state fee. Registered agent $99/yr.

We value your privacy because we value ours.