How to Form a Delaware LLC: The 4-Step Process

What are the four steps to form a Delaware LLC?

Forming a Delaware LLC is not a single event — it is a sequence that ends with you holding an EIN and a working US bank account. The four steps are: confirm your name, file the Certificate of Formation, apply for your EIN, and open your bank account. We handle the paperwork at each stage and keep you updated on WhatsApp, so you never have to navigate Delaware’s state portal or the IRS yourself.

The whole process is built for founders who do not have a US Social Security Number, a US address, or a US visa. None of those are required to own a Delaware LLC. If you want the bigger picture before the steps, our Delaware LLC formation guide and our overview of the Delaware LLC itself explain why founders in over 40 countries choose this structure. If you are weighing Delaware against other states, our Delaware vs Wyoming comparison is the best place to start.

Step 1: How do you confirm my company name?

You message a specialist on WhatsApp with your preferred business name and a short description of what your company does. Before anything is filed, your specialist checks the name against Delaware’s records to make sure it is available and meets the state’s naming rules — it must end with a designator such as “LLC” and must not clash with an existing entity. If your first choice is taken, we suggest close alternatives so you are not stuck.

This step is also where we settle the structural choices that affect everything downstream: whether your LLC is single-member or multi-member, who the owners are, and what the company will actually do. A single-member LLC owned by a non-US person is, by default, a disregarded entity that carries a Form 5472obligation — we flag that at the start so there are no surprises at tax time. You can read the detail on our Form 5472 page.

This is also the stage where you can ask anything about your specific situation before paying. You do not pay before talking to us; we send a payment link only when you are ready to start. See our pricing page for exactly what the $397 covers, our full cost breakdown for year one and year two, or jump to the FAQ for common questions about documents and eligibility.

What documents and details do I need to hand over?

The checklist is short and the same for almost everyone. To file your Delaware LLC and apply for your EIN, your specialist needs: a company name (plus a backup or two), a one-line description of the business, the full legal name of each member, a passport or government ID for each member, a contact address (your home address abroad is fine), and an email and phone number for delivery and bank follow-up. That is it — no notarised papers, no apostille, no US visa.

You do not provide a Delaware address, because the registered agent we assign supplies the required physical Delaware presence. You do not provide a Social Security Number, because the EIN application route for non-US applicants does not require one. If your LLC has more than one owner, we collect the ownership split so the operating agreement and the default partnership tax treatment line up correctly. Gathering these details up front is what lets us file inside the 48-hour window instead of going back and forth.

Step 2: How fast is the Delaware filing?

Once your name is confirmed and you sign up, we file your Certificate of Formation within 48 hours. This is the legal document that creates your LLC with the Delaware Division of Corporations. The $110 state filing fee is already included in your $397 — there is no separate state invoice to pay later.

At this step we also assign your registered agent, which Delaware legally requires every LLC to have. The registered agent is a physical Delaware presence that receives legal and state mail on your company’s behalf. Year one is included in your price; from year two it renews at about $99. You also receive an operating agreement at this stage, the internal document banks and partners often ask to see. Once the filing is accepted, your stamped Certificate of Formation comes back and your company legally exists — that document, not a website or a logo, is what makes the LLC real.

What can go wrong during filing, and how is it handled?

The most common snag is a name conflict: your first choice is already registered or too close to an existing Delaware entity. Because we check availability in Step 1, this is usually caught before any money changes hands, and we move to your backup name the same day. A second issue is an incomplete designator— a name submitted without “LLC” or an acceptable equivalent. We add the correct designator so the filing is not bounced by the state.

Occasionally a filing is delayed by Delaware itself during peak periods, or a detail in your description needs clarifying for the EIN step that follows. Because a named specialist is handling your file end to end, these are resolved by a quick WhatsApp message rather than a support-ticket queue. And if, despite everything, we cannot complete your filing or your EIN, the money-back guaranteeapplies — you are refunded. You can read more about that on our pricing page.

Step 3: How does the EIN work without an SSN?

With your LLC formed, we apply to the IRS for your EIN (Employer Identification Number) using Form SS-4. The EIN is your company’s federal tax ID, and you cannot open a US bank account or get approved by Stripe without it. US residents can get an EIN online in minutes, but if you do not have a Social Security Number, the IRS processes your application by fax, which takes 2 to 4 weeks. We handle that submission and follow-up for you.

The 2 to 4 weeks is the single longest stretch in the whole timeline, and it is set by the IRS, not by us — no formation service can make the IRS issue a non-SSN EIN faster than its own queue. What we do control is accuracy: a single mistake on the SS-4, such as the wrong responsible-party detail or an inconsistent entity type, can get the application rejected and add weeks. Filing it correctly the first time is the difference between a 2-week wait and a 6-week one.

The EIN is included in your $397, and it is covered by our money-back guarantee alongside the filing. If you want to understand the role this number plays beyond banking, our sister service ein.so covers EINs in depth, and if you later need a personal US tax ID, itin.so handles ITIN applications.

Step 4: How do I open a US bank account and take payments?

When your EIN arrives, your specialist helps you apply for a US business bank account. We focus on banks that work well for non-residents — Mercury, Relay, and Wise — and prepare your application so it is not rejected on a technicality. If one bank declines, we apply to the next until you are live with at least one account. Bank approval is ultimately the bank’s decision, but most founders end up live with at least one option.

The banking step itself breaks into a few sub-steps. First, we assemble your application pack — Certificate of Formation, EIN letter, operating agreement, and your passport. Second, we match you to the right bank first: some banks suit software and agency businesses, others suit e-commerce, and applying to the wrong one wastes time. Third, you submit and verify, usually online, sometimes with a short video check. Fourth, once approved, you fund the account and it is live.

We also support your Stripe application so you can accept card payments online. The Stripe sub-steps mirror the bank: we make sure your business description, website, and bank details are consistent, because mismatched information is the most common reason Stripe holds or reviews a new account. Between filing, EIN, and banking, the full path from signup to a usable bank account is typically around 30 days. After that, your specialist stays with you to handle compliance — including your annual Delaware franchise tax, covered on our franchise tax page.

How long does each step take?

The two timeline truths worth remembering: the parts we control — filing and document prep — move in hours and days, while the one part the IRS controls, the non-SSN EIN, is the 2-to-4-week anchor that sets the overall pace. If you have a US Social Security Number, the EIN is usually instant, and the same process compresses to about a week from signup to bank. Either way, there is nothing you have to chase yourself; your specialist tells you what is happening at each stage.

What is the roadmap after my LLC is live?

Formation is the start, not the finish. Once your bank account and Stripe are working, a predictable compliance rhythm begins, and your specialist tracks it with you. The headline recurring item is Delaware’s flat $300 franchise tax, due June 1every year. Delaware LLCs do not file an annual report, so there is no extra report fee — but missing June 1 triggers a $200 penalty plus 1.5% monthly interest and loss of good standing, which is why we send reminders ahead of the deadline.

If your LLC is foreign-owned and single-member, there is a federal item too: Form 5472, filed with a pro-forma Form 1120, with a $25,000 penalty for failure. It is due with the 1120 (April 15, extendable). The roadmap below shows the typical post-formation milestones so you can see the whole year at a glance, and our annual report page explains how Delaware LLCs differ from corporations on filings.

What does it cost, year one and beyond?

The service is $397, flat and all-inclusive. That covers the Delaware $110 Certificate of Formation fee, the EIN application, registered agent for year one, your operating agreement, US bank account help, and Stripe support. There is no separate state invoice and no surprise add-ons during formation.

From year two onward, your ongoing Delaware costs are predictable: the flat $300 franchise tax due June 1 each year, plus about $99 to renew your registered agent. Delaware LLCs do not file an annual report, so there is no extra report fee. You can see a fuller breakdown on the pricing page and the cost page, and if you get stuck at any point you can always reach us through contact.

Is the LLC the right structure, or should I consider a C-Corp?

For most international founders running a software, agency, e-commerce, or consulting business, the Delaware LLCis the simpler and cheaper choice: a flat $300 franchise tax, no annual report, and pass-through tax treatment by default. The 4-step process on this page is the LLC path. But the structure is not the same as a Delaware corporation, and the difference matters if you plan to raise venture capital.

A Delaware C-Corporation is the structure most US venture investors expect. It carries a heavier annual burden: franchise tax with a minimum of $175 under the Authorized Shares Method (or a minimum of $400 under the Assumed Par Value Method — you pay the lower, capped at $200,000), plus a $50 annual report, both due March 1. Corporations do file an annual report; LLCs do not. If you are unsure which fits, our Delaware C-Corp page lays out the trade-offs, and our Series LLC page covers a structure useful for holding multiple ventures or properties.

Single-member vs multi-member: which path do you follow?

The 4-step process is the same either way, but a few details branch. A single-member LLC has one owner; the IRS treats it as a disregarded entity by default, and if that owner is a non-US person the company has a Form 5472 reporting duty. A multi-member LLC has two or more owners and is taxed as a partnership by default, which generally means a Form 1065 partnership return and Schedule K-1s for the members.

Notice that the Delaware-side cost and process are identical — the flat $300 franchise tax and the same Certificate of Formation apply to both. The differences are federal and show up at tax time, which is why we settle the member structure in Step 1 and flag the relevant federal form before you file. For the foreign-owned single-member case, our Form 5472 guide walks through the filing in detail.

Do I have to file a BOI report with FinCEN?

This area is changing, so confirm the current position with FinCEN before acting. Under a March 2025 FinCEN interim final rule, beneficial ownership information (BOI) reporting was removed for US domestic reporting companies, and US persons were exempted; broadly, only “foreign reporting companies” were left with an obligation under that interim framework. Because this rule is recent and the requirements have shifted more than once, you should verify the latest guidance directly with FinCEN rather than rely on any single explanation.

What this means in practice for most readers forming a domestic Delaware LLC is that the BOI step may not apply to you today — but the safe approach is to check the current FinCEN status as part of your post-formation checklist. Your specialist can point you to where to confirm it, and our BOI reporting page tracks the current state of the rule with the same hedging, because this is an evolving requirement and getting it wrong is costly.

Who is this 4-step process for?

It is built first for non-resident founders — people outside the US, without an SSN, US address, or US visa, who want a legitimate US company to bill clients, hold a US bank account, and take card payments. Indian, Pakistani, Bangladeshi, Nigerian, Brazilian, and Filipino founders make up a large share of who this serves, and our non-residents guide goes deeper into the country-specific banking and tax angles.

It also fits US residents who simply want the filing, EIN, registered agent, banking help, and compliance tracking handled in one flat fee. For them the EIN is usually instant rather than 2 to 4 weeks, so the timeline is shorter. The one group for whom Delaware is not automatically the answer is founders who live and operate inside a single US state — for example California residents trading in California, who often have to register their business in their home state regardless. In that case our Delaware vs California comparison explains the trade-off, and Delaware vs Texas and Delaware vs Florida cover other common home states.

Why use a specialist instead of doing it yourself?

You can file a Delaware LLC yourself, but the friction for non-residents is real: the EIN fax process, choosing a registered agent, getting documents formatted the way banks expect, and avoiding Stripe rejections. A single mistake on the SS-4 can add weeks to your EIN. Our flat fee bundles every step and a named human on WhatsApp who stays with you from name search through your first payment — and beyond, into ongoing compliance like Form 5472 for foreign-owned LLCs.

The DIY route also means juggling several vendors — one for the state filing, another for the registered agent, a tax preparer for the EIN, and trial-and-error on banking — each with its own price and timeline. Bundling them removes the gaps where applications stall, and the money-back guarantee on the filing and EIN means the risk of the two hardest steps sits with us, not you.

Ready to begin? Message a specialist to confirm your name, or read more first on the Delaware LLC overview, the full formation guide, the cost breakdown, or the FAQ.