State Guides10 min read

Delaware LLC: Why 1 Million+ Businesses Choose Delaware

FileForms Team

Delaware has long been the gold standard for business formation, with over 1 million business entities calling it home. Here's why Delaware might be the perfect choice for your LLC.

Why Delaware Dominates Business Formation

  • Court of Chancery: Specialized business court with predictable outcomes
  • Flexible LLC Act: Maximum freedom in structuring your business
  • Privacy Protection: No need to list members in formation documents
  • Tax Benefits: No sales tax, no tax on intangible assets
  • Asset Protection: Strong charging order protections

Delaware LLC Costs Breakdown

State Filing Fee$90
Registered Agent (Annual)$50-$300
Franchise Tax (Annual)$300
Certificate of Good Standing$50

Delaware LLC Formation Process

  1. Choose a Name: Must include "LLC" or "Limited Liability Company"
  2. Appoint Registered Agent: Required Delaware address for legal service
  3. File Certificate of Formation: Simple one-page document
  4. Create Operating Agreement: Not required but highly recommended
  5. Get EIN: Federal tax ID from IRS
  6. Open Business Bank Account: Separate business finances

Delaware Series LLC Option

Delaware offers Series LLCs, allowing you to create separate "series" within one LLC, each with its own assets, members, and liabilities. Perfect for real estate investors or businesses with multiple ventures.

Common Misconceptions

  • Myth: You must live in Delaware → Reality: No residency requirement
  • Myth: Delaware is only for big companies → Reality: Great for businesses of all sizes
  • Myth: Delaware is expensive → Reality: Competitive fees with superior benefits

When Delaware Makes Sense

  • Planning to raise investment capital
  • Operating in multiple states
  • Want maximum privacy protection
  • Need sophisticated business law framework
  • Value legal predictability

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