How to File LLC Articles of Organization in Delaware

Woman smiling while looking at her articles of organization for Delaware.

The Articles of Organization, known as the Certificate of Formation in Delaware, is the document you file with the state to register your Delaware LLC

We will give you all the steps to successfully file your LLC Articles of Organization and officially form your limited liability company.

Get Help Filing Your Certificate of Formation:

four point seven out of five ZenBusiness ($39 + State Fees)

three out of five LegalZoom ($149 + State Fees)


Filing the Articles of Organization is Simple!

diagram showing the steps for how to file the L L C Articles of Organization

Step 1: Get Your Certificate of Formation

You can mail in your Delaware Certificate of Formation, OR you can file online. Regardless of your choice, you must download the Certificate of Formation PDF and complete the applicable sections.

A cube with LLC printed on its sides

Access the Certificate of Formation Template PDF from the Delaware Department of State. This form will need to be mailed to the Delaware Division of Corporations or uploaded online.

Download PDF

Step 2: Fill Out the Certificate of Formation

In this step, we will help you complete the Delaware Certificate of Formation form.

You will need to know the following information to complete each Article:

  1. Entity Name
  2. Registered Agent Name and Registered Office Address

Entity Name

Having a creative and smart business name is important but not as important as having a legally correct name.

When you choose a name for your business, you have to make sure the name:

  • Meets Delaware naming guidelines. 
  • Is not already in use by another business in Delaware


Follow the Delaware Naming Guidelines:

  • Your name must include the phrase "limited liability company," or one of its abbreviations (LLC or L.L.C.).
  • Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
  • Your name may contain the following words: Company, Association, Club, Foundation, Fund, Institute, Society, Union, Syndicate, Limited, Public Benefit, or Trust.
  • Your name cannot contain the word "bank" or any variation unless the company is authorized as a bank by the state. However, the word "bank," or any variation, can be used if the context clearly doesn’t refer to a banking business or mislead the public about the nature of the business. An example of acceptable use would be Bank Shot Basketball LLC.
  • Your name must be distinguishable from any existing business in the state.


Check Name Availability:

Is your name available in Delaware? Make sure the name you want isn't already taken by doing a name search on the Delaware Division of Corporations website.

To learn more about naming your business, including best practices and creative branding, visit our How to Name a Business in Delaware guide.

Not sure what to name your business? Check out our Business Name Generator.


Register Your Domain Name:

We recommend checking to see if your business name is available as a web domain. Even if you don't plan to make a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Find a Domain Now

Powered by GoDaddy.com

After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free

Registered Agent and Registered Office

A registered agent accepts and sends legal documents on your LLC's behalf. When you register your Delaware LLC, you are required to list your registered agent and your registered office.

Your registered agent can be anyone 18 years or older that lives in Delaware. Your registered agent must always be available at the registered office during regular business hours. Your registered office address cannot be a P.O. box.

To learn more about choosing a Delaware registered agent, read our How to Choose a Delaware Registered Agent guide.

To learn more about what a registered agent does and how to choose one, read our What is a Registered Agent guide.

Step 3: File the Certificate of Formation

To register your LLC, you will need to file the Certificate of Formation with the Secretary of State. 

There are two ways to file your Certificate of Formation:

  • Upload a PDF copy online.
  • Submit a hard copy by mail or in-person.

File the Delaware Certificate of Formation

Option 1: Upload the completed Certificate of Formation to file online. Then, fill out the required information fields.

File Online


OR


Option 2: File by mail or in-person with the Delaware Department of State's downloadable form.

Download PDF


State Filing Cost: $90

Mail to:
Delaware Division of Corporations
401 Federal Street
Suite 4
Dover, DE 19901

Submit In-Person:
Delaware Division of Corporations
401 Federal Street
Suite 4
Dover, DE 19901

Turnaround Time: Typical processing time is 10-15 business days, but you can expedite the processing for an additional fee.

Steps After Your Delaware LLC Is Officially Formed

Once you’ve filed your Certificate of Formation, you should take the following steps:

Create an Operating Agreement

An LLC operating agreement is a legal document that outlines the ownership structure and member roles of your LLC.

In Delaware, you aren't required to have an Operating Agreement to officially form an LLC, but it's still a good idea to have one. You can start your operating agreement before, during, or after you file your Certificate of Formation.

Your operating agreement will be kept in your LLC's private business records; you do not file it with the state.

For more information, read our Delaware LLC Operating Agreement guide.

Get an EIN

An Employer Identification Number (EIN) is like a social security number for your LLC. You will need an EIN if you want to hire employees or open business bank accounts.

You can get your EIN for free through the IRS website, via fax, or by mail. If you would like to learn more about EINs and how they can benefit your LLC, read our What is an EIN article.

Open a Business Bank Account

Using dedicated business banking and credit accounts is essential to protect your business' corporate veil. When your personal and business accounts are mixed, your personal assets (your home, car, and other valuables) are at risk in the event your LLC is sued.

For reviews on some of our most trusted business banks, visit our 5 Best Business Bank Accounts for Entrepreneurs reviews on StartupSavant.com.

Get Licenses and Permits

When you are registering an LLC, you need to determine if your business needs any licenses or permits in order to remain compliant. On the federal level, there are a handful of business activities that require licenses and/or permits.

Find out how to obtain necessary licenses and permits for your business or have a professional service do it for you:

  • Federal: Use the U.S. Small Business Administration (SBA) guide to federal business licenses and permits.
  • State: Apply for or learn more about licenses, permits, and registration with Delaware's One Stop website.
  • Local: Contact your local county clerk and ask about local licenses and permits.

Brand Your Business

The strongest and most memorable businesses are built on a solid brand. When developing your brand, think about what your business stands for. Customers and clients are looking for companies that have a compelling brand, as much as they are shopping for high-quality products and services.

Your business name is the cornerstone of good branding and a successful business. To learn more about creating the best name for your business, read our How to Name a Business guide.

Creating a logo for your business is vital for increasing brand awareness. You can design your own unique logo using our Free Logo Generator. Our free tool can help you design your own unique logo for your new business idea.

Have a Question? Leave a Comment!