Find legal forms, law schools, and legal resources
Try “residential lease” — forms for your state are shown first.
Delaware official formation packet
Download the Delaware certificate of formation packet used to create an LLC with the state. This is the official formation document plus support files, not an operating agreement.
A Delaware formation packet built around the official certificate of formation, with customer support and lifetime updates if the official form is revised.
This is the certificate of formation you file with the state to create the LLC. It is a public record, not the internal ownership contract.
One $9.99 purchase covers instant download, email support, and replacement files if we update this packet.
Most banks and multi-member LLCs still need a separate operating agreement. It is not filed with these articles.
This state packet includes 2 documents in print-ready PDF format. Labels describe each file's role, not the internal filename.
Articles vs operating agreement
This packet is built around the official Delaware certificate of formation. Filing it with the state creates the LLC as a public legal entity.
The $9.99 price is not for inventing a government form. It covers the current official blank, companion files, email support, and lifetime updates if the official form changes.
This is not an operating agreement. Articles create the company; the operating agreement is the internal contract among members.
Need the internal rulebook too? After you file, most customers also download a member-managed or manager-managed operating agreement for Delaware.
Researched filing overview
Delaware forms an LLC with a short statutory Certificate of Formation under 6 Del. C. § 18-201. The Division of Corporations publishes an official sample template, revised August 2026, and also accepts equivalent statutory certificates. This packet ships the state’s current sample with its cover letter and special instructions. Pay the $110 state fee separately, by mail to 401 Federal Street, Suite 4, Dover, DE 19901, or by upload through the Document Filing and Certificate Request Service.
Delaware has no separate PLLC formation filing and no publication requirement. Every LLC must keep a Delaware registered agent with a physical registered-office address; the certificate names the agent and no separate consent filing is required.
What happens before, during, and after the state filing. This product is the public formation document, not a filing service.
Choose a distinguishable Delaware name with an LLC designator and a Delaware registered agent with a physical registered-office street address in the state. The certificate names the agent; no separate signed agent-consent filing is required.
File a Certificate of Formation under 6 Del. C. § 18-201. Delaware publishes a short official sample template (rev. 08/2026) and also accepts equivalent statutory certificates. The $110 state fee is paid separately. Mail to the Division of Corporations, 401 Federal Street, Suite 4, Dover, DE 19901, or upload with a filing cover memo through the Division’s Document Filing and Certificate Request Service. Optional expedite runs $50 for 24-hour or $100 for same-day, with higher priority tiers. This product does not file for you.
Delaware LLCs file no annual report but owe a flat $400 annual tax, due June 1 of the year following the tax year (the 2026 tax is due June 1, 2027). Late payment adds a $200 penalty plus 1.5% monthly interest. Adopt a written operating agreement. An EIN is separate.
Read the filing notes and statute excerpts here. The official certificate of formation preview follows below.
Quick answer
A certificate of formation form is the document that one must complete and submit to the state to establish the creation of an LLC within the State of Delaware.
A certificate of formation form is the document that one must complete and submit to the state to establish the creation of an LLC within the State of Delaware. It sets forth the name of the proposed company, the registered agent for service of process, and the address of the place of business, among other information. It comes complete with instructions and filing information for creating an LLC within the state.
✔ Business-Friendly State. Delaware has consistently been the top state in the U. S. for the formation of new business entities, such as LLCs, for decades. The Delaware Court of Chancery, which is known for its knowledgeable judges and extensive case law related to businesses, is highly regarded throughout the country.
✔ Strong Privacy Laws. Delaware provides strong privacy protections for LLCs, making it a popular choice. Delaware law does not require LLCs to disclose publicly the names of their owners (called "members"). Consequently, it is typically more challenging to determine who is behind a Delaware LLC. This protection can prove advantageous for LLCs that want to keep their ownership information private for any reason.
✔ Greater Legal Certainty. The Delaware General Corporation Law is so well-litigated and understood due to the volume of cases that it sees that its courts rarely see a case of first impression. To that extent, predicting the outcome of a legal dispute is often a more straightforward task in Delaware than in another jurisdiction. This predictability helps parties identify and narrow the settlement zone, which can help them avoid costly, protracted litigation in which the outcome may otherwise prove uncertain and risky. For these reasons, plus strong privacy protections and low taxation, Delaware is the top venue for businesses in the U. S.
✔ No State-Level Taxes. LLCs formed in Delaware that do not conduct business within the state are not subject to state-level income or sales taxes, which can be a significant advantage for LLCs that operate in other states. Delaware only requires LLCs to pay an annual tax of $400, due on June 1st.
✔ No Annual Reporting. The state does not require LLCs to file annual reports. As a result, an LLC can save time and money, keep its business activities and financial information private, and avoid the complexity and confusion of preparing and filing the report. This can allow the LLC to focus on running its business and avoid additional compliance requirements and the risk of administrative dissolution.
✔ Advanced Structuring Permissible. Delaware law allows for the creation of series LLCs and statutory trusts within the LLC, as well as registered series, which are treated as separate legal entities for certain purposes. This flexibility can be useful for LLCs that want to segregate different parts of their business, hold assets in a trust-like structure or engage in trust-like activities, or access capital markets or raise money from investors.
Delaware accepts the filing of a certificate of formation form online through its e-file system, Monday through Friday, excluding state holidays. It also accepts filing via U. S. mail. It does not accept submissions via fax.
The requirements for naming an LLC within the state are set forth in 6 Del. C. § 18-102. The name must contain the words “Limited Liability Company” or the abbreviation “L. L. C.” or the designation “LLC.” The name must be distinguishable from those of other entities on file with the state and may not infringe on any registered trademark. The name may contain the words: “Company,” “Association,” “Club,” “Foundation,” “Fund,” “Institute,” “Society,” “Union,” “Syndicate,” “Limited,” “Public Benefit” or “Trust” (or abbreviations of like import). The name may not contain the word “bank” or any variation of that word unless the company is formally organized as a bank under state law.
One may determine the availability of a proposed business name for use within Delaware by querying the state's official Business Entity Search tool.
Delaware imposes a fee of $110 for the filing of a certificate of formation. A same-day expedite service is available for an additional $100, or 24-hour service is available for an additional $50. Upon successful processing, the filer will receive back a stamped copy of the certificate, but for an additional $50, the filer can opt to receive a certified copy. Expect to pay annual taxes in the amount of $400, due June 1.
Ready to download the Delaware packet? Checkout delivers the formation files immediately. The operating agreement is a separate product if you need ownership and management rules.
Get the Delaware Packet — $9.99Representative excerpt of the formation instrument. Checkout delivers the licensed packet immediately.
DELAWARE LIMITED LIABILITY COMPANY
CERTIFICATE OF FORMATIONThe undersigned authorized person, desiring to form a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware, hereby certifies as follows:
1. The name of the limited liability company is ____________________________________________.
2. The Registered Office of the limited liability company in the State of Delaware is located at ____________________________________________ (street), in the City of ______________________, Zip Code _____________. The name of the Registered Agent at such address upon whom process against this limited liability company may be served is ____________________________________________.
By: __________________________________
Authorized Person
Name: _______________________________
Print or Type
If you are not 100 percent satisfied after purchase, contact us for a full refund. Lifetime updates apply if we replace this packet. This guarantee is about the product and support, not a promise that a particular filing will be accepted.
No. The certificate of formation is the public filing that creates the LLC. An operating agreement is a separate internal contract that sets ownership, voting, profit splits, and management. Most customers need both.
Yes. This packet is built around Certificate of Formation of a Limited Liability Company (state sample template). If the state later revises the official blank, lifetime updates cover a replacement packet.
When the state publishes a free official form, that blank is still free on the government site. This product packages the current form we carry, any companion files listed on this page, email support, and lifetime updates if we replace the packet. It is not a filing service and it does not pay the state’s filing fee.
This packet currently includes 2 documents in print-ready PDF format. The list on this page is the customer-facing inventory.
Delaware generally does not file the operating agreement with these articles, but banks, lenders, and multi-member LLCs almost always want one. Choose member-managed if every owner will run the company, or manager-managed if appointed managers will run it.
No. ILRG provides self-help forms and information. You complete the documents and file them with the state, or use the official online portal where that is required. Consult a licensed attorney for tax elections, professional-license entities, or unusual ownership structures.
No. The Certificate of Formation filing fee is $110, paid separately. Delaware LLCs file no annual report, but a flat $400 annual tax is due June 1 of the following year — the 2026 tax is due June 1, 2027.
No. Delaware’s formation instrument is a short statutory certificate. The state’s sample is expressly a template, and equivalent statutory certificates are accepted.