People search for "Delaware articles of organization" and then cannot find the form. The reason is simple. In Delaware the LLC formation document is the Certificate of Formation, filed with the Division of Corporations in Dover. Corporations file a Certificate of Incorporation. This guide describes the filing and is not legal advice. Our Delaware office guide covers search, contacts and other filings, and the general articles of organization guide compares states.
What is the Delaware form and what does it cost?
The filing fee for a Certificate of Formation is $110. For comparison, a Delaware corporation pays a base fee of $109 for incorporation, and the amount can rise with authorized shares. A foreign LLC that registers in Delaware pays $200.
The Division gives out a template with instructions. It says the template is a starting point, and that a stamped Filed copy comes back to you. A certified copy costs another $50.
| LLC form | Certificate of Formation of a Limited Liability Company (corpfiles.delaware.gov, checked ) |
|---|---|
| Form page | Certificate of Formation template PDF on corpfiles.delaware.gov (corpfiles.delaware.gov, checked ) |
| State filing fee for an LLC | $110 (corpfiles.delaware.gov, checked ) |
| State filing fee for a corporation | $109 (corpfiles.delaware.gov, checked ) |
| Faster processing | Expedited service is available; a certified copy costs $50 extra (corpfiles.delaware.gov, checked ) |
| Worth knowing | The LLC owes $400 annual tax by June 1 for the year after its certificate takes effect. (corpfiles.delaware.gov, checked ) |
| Faster processing (all filings) | 1-hour $1,000 (until 9 p.m. ET); 2-hour $500 (until 7 p.m.); same day $100 to $200 (before 2 p.m.); next day (24-hour) $50 to $100 (before 7 p.m.). Formation of an LLC: same day $100, 24-hour $50. (corpfiles.delaware.gov, checked ) |
| Where to file online | icis.corp.delaware.gov/Ecorp (corp.delaware.gov, checked ) |
What goes in the certificate?
Very little. The Delaware template has two numbered items. One is the LLC name. The other is the registered office and the registered agent in Delaware, with a street address and a city. An authorized person signs it, and the printed name goes under the signature.
The Division says the form holds the basic information required by statute. If you need to add something the law permits, you may draft your own document. Most small LLCs keep management terms in the operating agreement, not in the filing.
Which name and agent rules apply?
The name must include the words Limited Liability Company, the abbreviation L.L.C., or the designation LLC. It must be distinguishable on the Division's records from other entities and reserved names, unless the other holder consents in writing. Use the Division's name availability check before you file. Do not type the ending in the search box.
The registered agent needs a physical street address in Delaware. A company can serve as its own agent if it is physically in the state. An agent cannot do the job through only a virtual office or a mail forwarding service. Our registered agent change guide explains how to swap one later.
How do you rush a Delaware filing?
Expedited service is available for an extra fee per document. For LLC formation, 24-hour service costs $50 and same day service costs $100. Faster priority options exist at $500 for 2 hours and $1,000 for 1 hour. Use them only when a deadline forces you. Standard processing is cheapest.
Name reservations cost $75 and last 120 days.
What happens after the LLC is formed?
There is no annual report for an LLC. There is an annual tax instead. A Delaware LLC pays $400 by June 1 each year, for the prior calendar year. The first payment is due the June 1 after the calendar year in which the certificate takes effect.
A missed payment costs a $200 penalty plus interest of 1.5 percent a month on the tax and penalty. If the tax stays unpaid for three years, the LLC certificate is cancelled. Our Delaware good standing page shows how status feeds into the certificates you can order.
If you want a hand with the filing, you can ask our private filing service. State fees are separate, and you can file with the Division yourself.
Sources
- corpfiles.delaware.gov/Fee_Schedule/AugustFee2026.pdf: LLC filing fee, corporation filing fee, expedite fees. Checked .
- corp.delaware.gov/document-upload-service-information/: online filing. Checked .
- corpfiles.delaware.gov/LLC_Forms/LLC%20Formation.pdf: llc form, form page, faster processing, worth knowing. Checked .