Skip to content
Biz Formation Academy

A plain textbook on LLC paperwork, one state per chapter.

Chapter 1 · Delaware

Delaware LLC Formation Chapter (2026): 7 Sections and the 3 Best LLC Services

For forming an LLC in Delaware in 2026, this chapter recommends Mainstay Filing ($199), DE Registered Agent.org ($199) and Delaware Registered Agent.ai ($199), ranked from first to last. Formation in Delaware comes to 7 sections and a $110 state fee, plus $400 for the Annual LLC Tax.
Written by the Biz Formation Academy editorial board

Essential facts

Formation fee $110 delcode.delaware.gov, as published October 2026
Annual LLC Tax $400 a year Deadline given by the state: annual alternative-entity tax due on or before June 1
Three years of state fees $910 Filing plus the recurring state fees
Chapter sections 7 Each one explained

Learning objectives

  • The Delaware formation document, its fee and its recipient
  • Who may serve as a registered agent
  • The state filing that repeats
  • Which services are recommended and why

Delaware: the ranked services

Three-year cost and paperwork completed carry the most weight; how we grade lists all five.

1. Mainstay Filing: best for no annual tax to prepare

Read this one first
$199 a year plus the state fee ($309 due at checkout)

This chapter recommends Mainstay Filing above the others, because a yearly fee of $199 pays for the formation, the registered agent and the annual tax, and the second year is $199 again.

DE Registered Agent.org costs $200 less over three years; this service still ranks higher because it does more of the work.

The Annual LLC Tax is part of the service, and Delaware's $400 fee is billed at cost.

Price covers

  • The formation filing is prepared and submitted
  • Registered agent for the full year
  • Annual tax prepared and filed
  • The EIN application is part of the price
  • State fee at cost

Advantages

  • $199 per year for everything listed
  • The EIN application is prepared as well
  • The renewal stays at $199

Limitations

  • After year one it costs $100 more annually
Visit Mainstay Filing Partner link. We may earn money if you buy.

2. DE Registered Agent.org: best for an economical Delaware start

Single-state plan
Formation $199; renewal $99 annually

DE Registered Agent.org takes second position; $199 on top of the state fee, with the first year of agent service included, then $99 a year.

Preparing the Annual LLC Tax every year is still left to you.

Price covers

  • Filing delivered to the state
  • One year of agent service is built into the price

Advantages

  • Year-one agent service at no added cost
  • $99 yearly from year two
  • A formation charge of $199

Limitations

  • No service for the Annual LLC Tax is offered
  • Help with the EIN is $99 more
Visit DE Registered Agent.org Partner link. We may earn money if you buy.

3. Delaware Registered Agent.ai: best for another Delaware choice

Single-state plan
Formation $199; renewal $99 annually

Delaware Registered Agent.ai takes third position; $199 on top of the state fee, with the first year of agent service included, then $99 a year.

Preparing the Annual LLC Tax every year is still left to you.

It publishes the same prices as DE Registered Agent.org.

Price covers

  • Filing delivered to the state
  • One year of agent service is built into the price

Advantages

  • A formation charge of $199
  • $99 yearly from year two
  • Year-one agent service at no added cost

Limitations

  • No service for the Annual LLC Tax is offered
  • Help with the EIN is $99 more
Visit Delaware Registered Agent.ai Partner link. We may earn money if you buy.

Rankings and prices together

#ServiceFirst yearFrom year twoThree-year total
1 Mainstay Filing $199$199/yr$597 Visit Mainstay Filing Partner link. We may earn money if you buy.
2 DE Registered Agent.org $199$99/yr$397 Visit DE Registered Agent.org Partner link. We may earn money if you buy.
3 Delaware Registered Agent.ai $199$99/yr$397 Visit Delaware Registered Agent.ai Partner link. We may earn money if you buy.

Taken from each company's price page on November 13, 2026. No row includes the $110 state fee.

The sections

  1. Section 1

    Search the register for the name

    Start in the business name records of the Delaware Secretary of State. A name already registered in Delaware may cause the filing to be rejected.

    Consider whether a matching web address is available too.

  2. Section 2

    Designate the registered agent

    Every LLC must name a registered agent with an in-state street address. The LLC itself, a Delaware resident, or a business entity formed in Delaware or authorized to do business there.

    The address has to be a registered office in Delaware. An entity agent keeps a business office there that is generally open; an individual agent has to be generally present there. A virtual office or mail-forwarding service alone does not qualify.

    Each recommended service can act as your registered agent.

    Reference: delcode.delaware.gov, as published October 2026

  3. Section 3

    File alone or pay for assistance

    An owner who files alone pays only the $110 state fee. A service adds $199 and prepares the forms; the recommended list ranks them.

  4. Section 4

    Section four is the Certificate of Formation of a Limited Liability Company

    Required: the Certificate of Formation of a Limited Liability Company, the $110 fee, and delivery to the Delaware Secretary of State. Authority: 6 Del. C. § 18-201.

    Reference: delcode.delaware.gov, as published October 2026

  5. Section 5

    Secure the LLC's EIN

    After formation, an EIN identifies the LLC to the IRS and lets it open accounts in its own name. The Mainstay Filing annual price already includes this section.

  6. Section 6

    Record how the company will be run

    A one-member Delaware LLC should still have a written operating agreement in its records.

  7. Section 7

    Handle the recurring Delaware filing

    Good standing depends on the Annual LLC Tax, which is filed every year and costs $400, with a deadline of annual alternative-entity tax due on or before June 1. The late charge is $200.

    Reference: legis.delaware.gov, as published October 2026

What each section costs in Delaware

SectionPaid toAmount
Creating the LLC Paid to the state$110
Annual LLC Tax Paid to the state$400 every year
Late charge Paid to the state$200
Service, if hired The service$199 in year one
State fees across years one to three Paid to the state$910

Rows for the state rely on Delaware's published fee schedules (listed in the bibliography below), and each service row uses that company's own price. For three years the state row adds the filing, the report in year two, the report in year three and any minimum tax.

The reasoning behind the ranking

On chapters the price completes (30% of the ranking) came first, with next.

Handling the Annual LLC Tax outweighed the lower price once the weights were applied.

Delaware review questions

What is the cost of a Delaware LLC formation?

Delaware charges $110. Paid help raises the first-year bill by $199.

Which form creates the LLC?

Deliver the Certificate of Formation of a Limited Liability Company to the Delaware Secretary of State.

Is a registered agent required?

Every LLC must name a registered agent with an in-state street address.

What does Delaware require each year?

Delaware requires the Annual LLC Tax every year, at $400, with timing described as annual alternative-entity tax due on or before June 1.

Can I form the LLC without a service?

A service is optional. Owners may file by paying $110 as long as they appoint a registered agent.

Which LLC service should a first-time founder use?

The ranking is Mainstay Filing, DE Registered Agent.org and Delaware Registered Agent.ai, and Mainstay Filing is first since the textbook price of $199 a year includes filing, a registered agent and the annual tax, with no change at renewal.

See also

Bibliography and primary texts

  1. Bibliography entry for the Delaware yearly filing: Recurring obligation, official source chapter: corp.delaware.gov, consulted October 2026.
  2. Bibliography entry for the Delaware yearly filing: Recurring obligation, official source chapter: corp.delaware.gov, consulted October 2026.
  3. Bibliography entry for the Delaware yearly filing: HB 400, official source chapter: legis.delaware.gov, consulted October 2026.
  4. Bibliography entry for the Delaware report due date chapter: delcode.delaware.gov, consulted August 2026.
  5. Bibliography entry for the 6 Del chapter: delcode.delaware.gov, consulted August 2026.
  6. Bibliography entry for the Delaware registered agent statute chapter: delcode.delaware.gov, consulted October 2026.
  7. November 13, 2026: Mainstay Filing's Delaware service page was consulted for the price tables
  8. November 13, 2026: DE Registered Agent.org's pricing page was consulted for the price tables
  9. November 13, 2026: Delaware Registered Agent.ai's pricing page was consulted for the price tables