“Delaware might be small on the map, but in the business world? It’s a giant.”
Thinking About U.S. Company Registration?
If you are a founder planning to expand globally, tap into U.S. fintech, or simply register a business in a stable jurisdiction—the U.S. is where a lot of that starts.
Out of all 50 U.S. states, Delaware is easily the most trusted spot to form an LLC, and nope, you don’t need to be a U.S. citizen to do it. You don’t need to fly in. You just need to know how to structure it right.
Quick Overview: LLC and U.S. Business Structures
Let’s zoom out for a second.
When it comes to U.S. company registration, you’ve got a few options:
- Sole Proprietorship: no liability protection
- Partnership: for two or more founders
- Corporation (S or C Corp): great for fundraising, but more complex
- LLC (Limited Liability Company): the sweet spot for most
And guess what?
LLC is the most popular structure in the U.S. for entrepreneurs, service providers, creators, and even tech startups that aren’t quite ready for VC funding.
Plus, if you’re managing multiple ventures under one roof, you can consider a Series LLC, where each branch has its own liability.
(Not all states offer it, but Delaware does.)
So… Why Delaware, Again?
If you have ever wondered, “What’s the deal with Delaware?” here’s the quick truth for you: it’s all about structure, trust, and speed.
There’s a reason—in fact, more than a reason—it’s the go-to state for doing business in the US:
- Its corporate law system is unmatched—there’s even a dedicated court (the Chancery Court) just for business disputes
- You can register fast, usually within a day
- You get privacy—your name doesn’t go on public record
- And it’s trusted globally by investors, banks, payment platforms, and venture firms
So when people say Why Many Foreigners Choose Delaware, it’s not about trend—it’s about:
- Easy formation
- Low friction
- High reputation
Forming a Delaware LLC: Step-by-Step
Let’s skip the fluff and get straight into it.
Here’s how to form an LLC in Delaware, even if you’re doing it from abroad.
Step 1: Choose a Name for Your LLC
Make it unique. Delaware requires that your LLC name:
- Includes “LLC” or “Limited Liability Company”
- Isn’t already taken (check availability on Delaware’s Division of Corporations site)
- Doesn’t use restricted words like “Bank,” “University,” or “Insurance” unless approved
Step 2: Appoint a Delaware Registered Agent
Every Delaware LLC needs a registered agent—someone based in Delaware who’s there to receive legal papers for you when it counts.
If you’re outside the U.S., no worries at all.
There are trusted professional registered agent services. Choose someone reliable—you’ll need them every year.
Step 3: File Your Certificate of Formation
This is the official LLC birth certificate.
- File it online or by mail with the Delaware Division of Corporations
- It costs $90
- You only need:
- Your LLC name
- Your registered agent info
- Duration of your LLC (most people write “perpetual”)
Once it’s filed and accepted, boom—your LLC exists.
Step 4: Create an Operating Agreement
Not legally required in Delaware—but smart.
This document outlines:
- How your LLC runs
- Who owns it
- How profits are shared
- What happens if someone leaves or joins
Step 5: Get an Employer Identification Number (EIN)
Even if you’re not bringing on employees, you’ll still need an EIN to:
- Open a U.S. bank account
- Apply for Stripe or PayPal
- File taxes
If you have a Social Security Number (SSN), you can apply online with the IRS.
If not? You’ll need to mail or fax Form SS-4. It can take 2–4 weeks, so plan ahead.
Step 6: Open a U.S. Business Bank Account
Once your EIN is in hand, you’re ready to open a U.S. bank account.
Options:
- Mercury (non-resident friendly, 100% online)
- Relay, Bluevine, or a U.S. branch of your home bank (if available)
Step 7: Stay Compliant (Seriously)
Delaware makes starting easy. But staying compliant? That’s on you.
Here’s what to remember:
- Annual Franchise Tax: $300, due every year by June 1
- Registered Agent Renewal: Every year
- Federal Tax Filing: Yes, even if you made $0
- Sales tax or state filings (only if you have nexus in a state)
Pro Tip: If this part stresses you out, consider consulting an expert who understands LLCs for non-residents.
What About Non-Residents?
Good news: Delaware welcomes non-resident founders. You don’t need to be a citizen or even physically present in the U.S.
But there are a few things to know:
- You can’t get S Corp status
- You’ll need a U.S.-registered agent
- Your EIN process may take longer (if no SSN)
- You still need to file federal taxes
Final Thought: Delaware Isn’t Just a State, It’s a Strategy.
You can form a Delaware LLC in a day.
But maintaining it with clean books, proper filings, and smart decisions? That’s the part that builds real credibility.
So go beyond “just forming a company.”
Use Delaware as your launchpad.
Because in the U.S., your business structure isn’t just legal—it’s part of your story.
FAQ
Do I need to live in the U.S. to start a Delaware LLC?
Not at all. You can form a Delaware LLC from anywhere in the world.
All you need is a registered agent in Delaware—and even if you don’t have a Social Security Number, getting your EIN just takes a little longer. Still totally doable.
How long does it take to form an LLC in Delaware?
Usually 1–3 business days once you file your Certificate of Formation. Some services even offer same-day processing.
Getting your EIN might take longer, especially if you’re a non-resident applying by fax.
What’s the cost to form and maintain a Delaware LLC?
Here’s the breakdown:
- Formation fee: $90 (paid to the state)
- Registered agent: $50–$150/year
- Annual franchise tax: Flat $300 (due by June 1)
So expect to pay $350–$500 to get started, and $350+/year to maintain it.
Do I need an Operating Agreement if I’m a solo founder?
Technically, no. But if you’re ever in a dispute, audited, or applying for a bank account—you’ll wish you had one.
Write one anyway. Even if it’s just you.
Can I open a U.S. bank account from outside the U.S.?
Yes. Services like Mercury and Relay make this easy for non-resident founders.
You’ll need your EIN, LLC documents, and a valid ID.
Some traditional banks may still require in-person visits—so choose fintech-friendly options.
What taxes do I need to file for a Delaware LLC?
- Franchise tax to the state of Delaware ($300/year)
- Federal tax filings to the IRS—even if you had no revenue
- If you’re a single-member LLC owned by a non-U.S. person, you likely need to file Forms 5472 and 1120
Can I turn my Delaware LLC into a C Corp or S Corp later?
You can convert to a C Corp.
But you cannot elect S Corp status if you’re not a U.S. citizen or permanent resident.
If you’re foreign-owned, stick with LLC or C Corp only.
Why is Delaware better than other states?
Because Delaware knows how to support business. The laws are startup-friendly, the court system is business-focused, and investors trust it.
It’s not the cheapest, but it’s designed to scale with you.
That’s why it shows up in so many founder playbooks.
