Delaware LLC Certificate of Formation (2026)

Learn how to file the Delaware LLC formation document in 2026, what information to prepare, what the filing fee covers, and what to do after approval.

Delaware does not call the LLC formation document “Articles of Organization.” The domestic LLC filing is the Certificate of Formation. It creates the Delaware LLC after the Division of Corporations accepts the filing.

Educational note: This guide is for general informational purposes only. It is not legal, tax, accounting, or financial advice. Confirm current requirements with the Delaware Division of Corporations before filing.

Quick answer

What the Certificate includes

Delaware LLC law requires the Certificate of Formation to include:

The certificate may include other matters, but simple LLCs often keep ownership, management, and money rules in the operating agreement instead.

Before you file

Prepare:

1. Final LLC name.
2. Delaware registered agent.
3. Registered office address.
4. Organizer or filing contact details.
5. Payment method.
6. Whether expedite is needed.
7. Records folder for approved documents.

If a commercial registered agent is filing for you, confirm the exact package: formation filing, registered agent, EIN, operating agreement, certified copies, and annual tax reminders may be priced separately.

Filing workflow

1. Check name availability.
2. Confirm Delaware registered agent.
3. Prepare Certificate of Formation.
4. Choose standard or expedited processing.
5. Submit filing and fee.
6. Save accepted filing evidence.
7. Create operating agreement.
8. Apply for EIN if needed.
9. Check Delaware license/tax and home-state obligations.
10. Calendar June 1 annual tax.

Privacy and public record

Delaware’s basic Certificate of Formation is limited. That is one reason Delaware is popular.

But do not overstate privacy. Information can still exist in:

• Registered-agent records
• Organizer or filing provider records
• Bank and payment processor onboarding
• IRS records
• Delaware license and tax records
• Foreign qualification filings in other states
• Beneficial ownership reporting when applicable

What the Certificate does not do

The Certificate does not:

• Create an operating agreement
• Apply for EIN
• Register the business in another state
• Obtain a Delaware business license
• Register for payroll or gross receipts tax
• Pay annual tax
• Create a bank account
• Clear trademarks

Certificate FAQ

Is Delaware’s LLC filing called Articles of Organization?

No. Delaware uses Certificate of Formation for a domestic LLC.

How much is the Delaware LLC Certificate of Formation?

Delaware lists a $110 filing fee. Expedited service and certified copies can cost extra.

Are member names required in the Certificate?

Delaware’s statutory certificate requirements focus on the LLC name and Delaware registered agent/office, not member names.

Does filing the Certificate mean I can operate in my home state?

Not necessarily. The state where the business actually operates may require foreign qualification, licenses, and tax registration.

Official resources

• Delaware how to form a new business entity
• Delaware Division of Corporations fee schedule
• Delaware LLC Certificate statute
• Delaware registered agents
• Delaware One Stop