Key Takeaways

  • Delaware offers multiple expedited LLC filing options, including 1-hour, 2-hour, same-day, and 24-hour service.
  • Turnaround time depends on the chosen expedite level and whether you file during business hours.
  • Additional fees for expedited processing range from $50 to $1,000.
  • Expedited filings still require submission of all required documents, including the Certificate of Formation and Registered Agent details.
  • Processing times are based on state business days and exclude weekends and holidays.
  • You can obtain assistance for expedited LLC filing through an experienced attorney on UpCounsel.

The Delaware LLC expedite filing option allows you to get your incorporation application processed in as little as one hour or as much as 24 hours depending on which option you select.

Delaware LLC Overview

A Delaware LLC is among the most popular business structures in the world. Delaware is considered as the best state in the U.S. for incorporating a limited liability company (LLC) or a corporation. To form a Delaware LLC, you must file a certificate of formation with the secretary of state and pay the prescribed filing fee. You must also write an operating agreement and set out the ownership rights and management structure.

Delaware LLC Advantages

Court of Chancery

Delaware has a special court called the Court of Chancery specifically dedicated to addressing business litigation. Its long existence of over 200 years has given it good authority in business law, and courts in other states also look to its past decisions for precedence.

No Corporate Taxation

Delaware does not tax LLCs separately. Company profits and losses pass through to the members, who file individual tax returns. As such, there is no issue of double taxation.

Ease of Management

Delaware LLCs have a simple business structure and fewer formalities. You need not have a board of directors or convene annual shareholder meetings. This also translates into cost savings since you don't have to employ as many accountants and tax experts as you would otherwise.

No Annual Reporting

A Delaware LLC is not required to file annual reports. It's among the least taxed business entity in the United States.

Steps in Forming a Delaware LLC

Choose Your Name

  • Choose a name for your company. Conduct a name search to ensure that the name is not the same as or similar to an existing business registered in the state.
  • If you are not filing your certificate of formation immediately, you may want to reserve the name.
  • Delaware allows for name reservation for a period of 120 days.

Certificate of Formation

  • You must submit the certificate of formation to the Delaware Division of Corporations along with a filing fee of $90.
  • The certificate of formation must include the name and address of your registered agent.
  • You cannot file the certificate of formation online. Instead, you must send it by mail or fax or submit it in person.

Expedited Processing

It usually takes about three weeks to process the certificate of formation, but you can also choose to have expedited processing for an additional fee.

Delaware allows the following expedited filing options:

  • Same-day processing for $100.
  • 24-hour processing for $50.
  • Two-hour processing for $500.
  • One-hour processing for $1,000.

Registered Agent

  • Before filing the certificate of formation, you must assign a registered agent to receive service of process and other legal documents for the company.
  • The agent must either be a resident of Delaware or a domestic business entity. If it's a foreign business entity, it must have a local office in the state.

LLC Operating Agreement

The members of a Delaware LLC must prepare an operating agreement to set out the terms of ownership and the process of operation.

The document must include the following information, among others:

  • Ownership percentage of members.
  • Members' rights and responsibilities.
  • Members' share in company profits and losses.
  • Voting rights of members and the voting rules.
  • Whether the company will be member-managed or manager-managed.
  • Process for amending the existing operating agreement.

Delaware Expedited LLC Filing Options and Timelines

If you're seeking to launch your business quickly, Delaware offers several expedited LLC filing options to reduce wait times for processing the Certificate of Formation. Standard processing typically takes 2–3 weeks, but expedited options through the Delaware Division of Corporations allow faster turnaround:

Expedited Processing Tiers:

  • 24-Hour Service: +$50 – Processed by the end of the next business day.
  • Same-Day Service: +$100 – Must be submitted before 2:00 p.m. ET for same-day return.
  • 2-Hour Service: +$500 – Must be received by 1:00 p.m. ET.
  • 1-Hour Service: +$1,000 – Must be received by 1:00 p.m. ET.

Note: Expedited processing fees are in addition to the $90 standard Delaware filing fee.

Key Considerations:

  • Business Hours: Expedite requests must be submitted on state business days, Monday through Friday, excluding holidays.
  • Document Readiness: Ensure your documents (e.g., Certificate of Formation, Registered Agent info) are complete and correct before submission.
  • Delivery Method: While Delaware does not allow online submissions for LLCs, filings can be sent via fax, mail, or in person.

These accelerated options make Delaware particularly attractive for entrepreneurs who need to begin operations immediately or are working against a deadline.

What to Expect After You File

After submitting your Certificate of Formation with expedited service, the Delaware Division of Corporations will send back a stamped, approved copy of the document based on the chosen expedite timeline.

You may also opt to order additional certified copies or a Certificate of Good Standing at the time of filing. These can also be expedited for an additional fee. Many business owners find these documents useful when opening a business bank account, signing contracts, or registering in another state.

The method of delivery for your approved documents includes options like standard mail, FedEx, or UPS overnight—be sure to coordinate your preferred delivery method with your registered agent or service provider.

Electing the S-Corp Designation

  • S-corp is a special tax designation given by the IRS.
  • A Delaware LLC can elect to file its taxes as an S-Corp instead of a regular LLC.
  • All the members of a regular Delaware LLC are taxed on all the income they receive from the company. However, in the case of an S-corp, member-employees are taxed only on their wages.

Delaware LLC Taxation

Although Delaware LLCs are not required to file an annual report, you must pay a tax of $300 every year on or before June 1.

Incorporating in Delaware

  • To create a Delaware corporation, you are required to file a certificate of incorporation with the secretary of state.
  • The corporation comes into existence from the effective date specified in the certificate of incorporation and continues to exist until it is terminated according to the applicable law.
  • The filing fee for a certificate of incorporation depends upon the authorized share capital of the corporation. You must pay a minimum filing fee of $89 for a single page, and each additional page costs $9.

Tips to Ensure a Smooth Expedited LLC Filing

When using Delaware’s expedited LLC filing services, attention to detail is essential. Here are some best practices to avoid delays:

  • Double-check your documents: Errors in the Certificate of Formation or Registered Agent details can cause rejection and waste your expedite fee.
  • Submit during business hours: Only filings received before 1:00 or 2:00 p.m. (depending on the expedite level) will be processed within the stated timeframe.
  • Use a professional service: Consider using a reputable filing service or legal professional to ensure compliance.
  • Include proper payment: Ensure your payment method covers both the standard filing and expedited service fees.
  • Track your filing: If submitting through a registered agent or third-party service, ask for confirmation and tracking.

You can find experienced attorneys on UpCounsel who can guide you through Delaware expedited LLC filing and help ensure your documents are filed correctly the first time.

Frequently Asked Questions

1. How fast can I get a Delaware LLC using expedited filing? As fast as one hour, depending on the expedite level you select and whether your documents are submitted within state deadlines.

2. Are expedited LLC filing fees refundable if my filing is rejected? No. Delaware does not refund expedite fees if your submission is rejected due to errors or missing information.

3. Can I file my Delaware LLC online if I want expedited service? Currently, Delaware does not accept online filings for LLC formation. Submissions must be mailed, faxed, or delivered in person.

4. Do I need a registered agent for expedited LLC filing in Delaware? Yes. A registered agent with a physical Delaware address is required for all LLC filings, including expedited ones.

5. What’s the best expedite option if I’m filing late in the day? If submitting near the deadline, the 2-hour or 1-hour service is safest—but must still be received by 1:00 p.m. ET to be eligible for same-day turnaround.

If you need help with Delaware LLC expedite filing, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.