Delaware Certificate of Formation: The Document That Creates Your LLC

What's in a Certificate of Formation

  • Delaware keeps this document deliberately minimal. It requires only:
  • Your LLC name (must be available and include "LLC" or "Limited Liability Company").
  • The name and Delaware address of your registered agent.
  • The signature of an authorized person (Bastion can sign as your authorizer).
  • Notably, Delaware does not ask you to list members or managers on the public certificate β€” ownership stays in your private operating agreement.

Step by step (what Bastion does for you)

  1. Confirm your chosen name is available with the Division of Corporations.
  2. Attach your Delaware registered agent and address.
  3. Complete the Certificate of Formation with your details.
  4. File with the Division of Corporations and pay the $110 fee.
  5. Send you the state-stamped, approved certificate for your records and your bank.

After it's approved

Once the certificate is approved, your LLC legally exists. Next steps: obtain your EIN, sign your operating agreement, and order a Certificate of Good Standing if a bank requests one. From here, your only recurring duty is the $300 franchise tax each June 1 β€” there is no annual report for an LLC.

Delaware Certificate of Formation approved by the Division of Corporations

Related guides

We prepare and file your Certificate of Formation for you \u2014 from $349 + $110 state fee

Frequently asked questions

How much is a Delaware Certificate of Formation?
The state filing fee is $110. Delaware also offers paid expedited processing if you need approval faster.
Is the Delaware formation document called Articles of Organization?
No. In Delaware the LLC formation document is the Certificate of Formation, filed with the Division of Corporations. Articles of Organization is the term other states use.
Can a non-resident file a Delaware Certificate of Formation?
Yes. There is no residency requirement. You just need a Delaware registered agent, and members are not listed on the public certificate.
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