How to File a Certificate of Formation in Delaware

In Delaware, as in most states, the primary step in creating a limited liability company (LLC) is to file a certificate of formation with the state. This is an absolutely crucial document that helps define your business, so it’s important to do it correctly.

An LLC is a business entity that offers liability protection for owners, as well as pass-through taxation, much like a sole proprietorship. 

What is a Certificate of Formation?

The certificate of formation is a legal document you need to file with the state to form your LLC. It will specify details about your company and establish your LLC as an officially registered business entity in Delaware. 

The document is similar to the articles of incorporation you would file to form a corporation instead of an LLC. 

How to File the Delaware Certificate of Formation

In Delaware, the process to file a certificate of formation is quite simple. The crucial first step is gathering the required information about your new LLC, before proceeding with the filing itself. 

Here are the steps you’ll need to take to create your new business entity: 

1. Gather the required information about your business.
   
   • Entity name
   • Registered agent name 
   • Registered office address

2. Visit the Delaware Department of State website 

Find Delaware’s certificate of formation form here. It’s easiest to fill out the form online and file immediately, but you can also download it, fill it out and mail it in. 

3. Filling out the Certificate of Formation Document

If you don’t already have a Delaware One Stop account, you’ll need to create one to file your certificate of formation online.

Once you’ve created your account, click “Start” at the top of the homepage, then choose “Set Up Your Business’s Legal Structure”. On the next page, click “Set up your legal structure” under Option 1: Begin entity formation with One Stop. On the following screen, choose LLC under “Choose your entity type”, then click “Save and Continue”. 

You will then be taken to the online form. On the Overview page, click “Start”. On the next page, enter your entity name, then click “Save and Continue”. 

On the next page, enter your registered agent information and click “Save and Continue”. On the final screen, review your information. If everything is correct, click “Save and Continue” to move to the last step of the process. 

When filling out your certificate of formation form, be sure to double-check that all the information is accurate and up-to-date. Maybe you’ve just moved, or use your middle initial in official documents, such as with your bank account. If you get it wrong now, changing it later can be a real pain. So accuracy is crucial. 

• File Certificate of Formation – The final step in the process is to download your document, sign it, and upload it through Delaware’s eCorp Business Services website. 

Payment must be included at the time of uploading and it will be processed upon review of your filing. You can pay by credit card, electronic check (ACH), or by pre-established depository account. The filing fee in Delaware is $90. 

Delaware Department of State Contact Info

Delaware Department of State Website

Delaware One Stop – Online Business Services Website

Division of Corporations
John G. Townsend Bldg.
401 Federal Street, – Suite 4
Dover, DE 19901

General Information: (302) 739-3073 option 2

Operators are available from 8:00am to 4:30pm, Monday thru Friday excluding State Holidays.

Online Contact Form

The Bottom Line

In Delaware, it’s relatively easy to create an LLC, but you do need to jump through a few hoops. You now have all the information you need to officially create your new business and begin your entrepreneurial journey in the First State.