Delaware Division of Corporations Fees: Standard, 24-Hour ($50), Same-Day ($100), 2-Hour ($500) and 1-Hour ($1,000) Filing
Delaware Division of Corporations Fees: Standard, 24-Hour ($50), Same-Day ($100), 2-Hour ($500) and 1-Hour ($1,000) Filing
Delaware's Division of Corporations offers multiple filing speed options to match your timeline and budget. Whether you need your formation documents processed in one hour or are willing to wait for standard processing, understanding the exact costs, and which fees apply to which filings, is essential for planning your Delaware business launch.
This guide breaks down every tier of Delaware incorporation and LLC formation fees, explains what each expedited option includes, and shows you the fee differences for non-formation filings. All figures reflect the fee schedule revised August 1, 2026.
Overview: Delaware Division of Corporations Fees
The Delaware Division of Corporations, part of the Delaware Department of State, charges distinct fees depending on your filing type and the speed you need. The Division does not publish a standard turnaround time for routine filings; processing times vary with volume received. If you need certainty about timing, expedited options start at $50 and go up to $1,000 per document.
All filings are submitted online through the Division's eCorp Document Upload Service at https://icis.corp.delaware.gov/ecorp2. For questions, call the Division at (302) 739-3073. For the current mailing address and detailed FAQs, visit https://corp.delaware.gov/.
New Entity Formation Fees: Standard Processing
Domestic LLC Formation
Filing a Certificate of Formation for a Delaware Limited Liability Company costs $110 under 6 Del. C. Section 18-201. This is the base fee for standard processing when you do not elect any expedited option. Your LLC name must include the words "Limited Liability Company," "L.L.C.," or "LLC," and the name must be available in the Division's records. You can check availability online at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx or reserve a name for 120 days for $75.
Important: An LLC that is formed in Delaware but conducts no business in Delaware owes only the Division of Corporations layer (formation fee, annual tax and a registered agent), not a Delaware business license or gross receipts tax. Once your LLC is formed, it will owe a flat annual tax of $400, due each June 1 (with the first payment due June 1, 2027 for entities formed in 2026). Check corp.delaware.gov for the current annual tax amount and due date, as this may change year to year.
Domestic Corporation Formation
Filing a Certificate of Incorporation for a Delaware corporation costs $109 under 8 Del. C. Section 102. This base fee applies to standard processing. The final cost may vary slightly depending on your stock structure, so confirm with the Division if you have a non-standard capital structure.
Corporations must file an Annual Franchise Tax Report each year by March 1, along with the required franchise tax payment. This is a separate obligation from the initial formation fee.
Expedited Formation Filing: The Four-Tier System
The Division offers four expedited options for new LLC and corporation formations, each with a defined processing time and a clear cost premium above the standard formation fee. These tiers are:
- 24-Hour Service (Next Business Day): +$50, Your formation documents will be processed by the next business day. Total cost for a domestic LLC: $160. Total cost for a domestic corporation: $159.
- Same-Day Service: +$100, Your formation documents will be processed on the same business day. Total cost for a domestic LLC: $210. Total cost for a domestic corporation: $209.
- 2-Hour Service (Priority 2): $500, Processing is completed within 2 hours. The tier is $500 per document request.
- 1-Hour Service (Priority 1): $1,000, Processing is completed within 1 hour. The tier is $1,000 per document request.
The 2-hour and 1-hour tiers are for businesses that need maximum urgency. These fees apply per document request, so if you are filing multiple related documents, each will incur the full fee.
Non-Formation Filings and Their Expedited Costs
Not all Division filings cost the same to expedite. Non-formation filings, such as amendments, changes of registered agent, mergers, and certified copies, have different base fees and different expedite add-ons. Here are the key ones:
LLC Amendment
Base fee: $220. Expedite add-ons: Same-day service is +$200; 24-hour service is +$100. The 2-hour and 1-hour flat fees ($500 and $1,000) still apply if you choose them.
Change of Registered Agent (Agent Only)
Base fee: $50. Expedite add-ons: Same-day service is +$200; 24-hour service is +$100. Again, the Priority 2 and Priority 1 tiers are available at $500 and $1,000.
Merger
For a corporation, the base fee is $259. For an LLC, the base fee is $220. Expedite add-ons follow the same pattern as other non-formation filings.
Domestication and Conversion
Domestication of a foreign entity costs $234 for a corporation or $220 for an LLC. Conversion from one entity type to another adds $184 (corporation) or $220 (LLC) on top of the formation fee for the new entity structure.
Certified and Plain Copies, Record Searches, and Apostilles
Certified copy: $50 base plus $2 per page. Plain copy: $10 for the first page plus $2 per additional page. Record search: $50. Apostille (commercial): $30 standard; same-day is +$50, 24-hour is +$40. These ancillary services have their own fee structure separate from entity filings.
How the Fee Schedule Works: Important Distinctions
Delaware state law (6 Del. C. 18-1105(b)) sets the legal ceiling for expedited fees: up to $10,000 for 30 minutes, $2,500 for 1 hour, $1,500 for 2 hours, $500 same day, and $300 for 24 hours. The Division of Corporations publishes fees lower than these ceilings. The tiers shown in this guide reflect the Division's current published fee schedule, effective August 1, 2026.
Three key points to understand:
- Expedite fees vary by filing type. A 24-hour LLC formation costs $50 extra, but a 24-hour amendment costs $100 extra. Always confirm the exact cost for your specific filing type before submitting.
- Standard processing time is not published. The Division does not commit to a specific number of days for routine filings. Processing times vary with volume. If you need to know when your filing will be complete, use an expedited tier.
- The 2-hour and 1-hour tiers are priced per document request. The schedule lists $500 for Priority 2 and $1,000 for Priority 1; call the Division at (302) 739-3073 to confirm how the filing fee is charged with these tiers before you file.
When to Choose Each Filing Speed
Standard (No Expedite): Choose this if you have time flexibility and want to save on fees. Standard processing works fine for most business launches, especially if you are planning a few weeks or more in advance. Do not rely on a specific timeline.
24-Hour ($50 for LLC/Corp): Choose this if you have a pressing deadline but one more business day is acceptable. The 24-hour tier is the lowest-cost way to guarantee a defined turnaround.
Same-Day ($100 for LLC/Corp): Choose this if you need your formation documents the same day, for example, to close a financing round or meet a lender deadline. File early in the business day to ensure processing before the Division's daily cutoff.
2-Hour Priority 2 ($500): Choose this for deals that close today or transactions with same-day closing requirements. Two hours covers most business hours of operation.
1-Hour Priority 1 ($1,000): Choose this for urgent situations where even two hours is too long: a time-sensitive acquisition, an emergency recapitalization, or a same-minute closing. This tier guarantees the fastest possible turnaround.
The Filing Process: eCorp and Document Return
All filings go through the eCorp Document Upload Service. You will upload your formation documents (or amendment, merger, etc.) through the portal at https://icis.corp.delaware.gov/ecorp2. The Division will process your filing and return the stamped, filed documents.
Documents are returned by regular U.S. Mail unless you have an express account number on file with the Division. If you need expedited return by courier, be sure to set up an express account with the Division or note this requirement when submitting.
The Division's regular mailing address and all FAQ resources are at https://corp.delaware.gov/. For phone support, call (302) 739-3073.
Registered Agent and Change of Agent Fees
Every Delaware entity must continuously maintain a registered agent with a physical street address in Delaware. This is a legal requirement, not optional. The agent can be an individual resident of Delaware or a business entity authorized to act as a registered agent. A business physically located in Delaware can serve as its own registered agent.
If you need to change your registered agent or registered office, the filing fee is $50. This is separate from the formation fee. Expedite add-ons apply: same-day is an additional $200, 24-hour is an additional $100, and the Priority 2 and Priority 1 tiers are $500 and $1,000 respectively.
Fee Summary: Formation Filings
| Filing Type | Standard Fee | 24-Hour | Same-Day | 2-Hour | 1-Hour |
|---|---|---|---|---|---|
| Domestic LLC Formation | $110 | $160 | $210 | $500 | $1,000 |
| Domestic Corporation Formation | $109 | $159 | $209 | $500 | $1,000 |
| LLC Amendment | $220 | $320 | $420 | $500 | $1,000 |
| Change of Registered Agent Only | $50 | $150 | $250 | $500 | $1,000 |
Costs may vary for corporations with non-standard stock structures. Always confirm with the Division before submitting if your situation is unusual.
Beyond Formation: Your First Annual Obligations
Your formation fee is not your only Delaware tax or filing obligation:
- LLCs: Flat annual tax of $400, due June 1 each year (first payment due June 1, 2027 for entities formed in 2026). No annual report is filed with the Division of Corporations. Check corp.delaware.gov for current amounts and dates.
- Corporations: Annual Franchise Tax Report and franchise tax payment due by March 1 each year.
- Business License (if operating in Delaware): Any entity conducting business in Delaware must obtain a state business license from the Division of Revenue through Delaware One Stop. The annual fee is typically $75 for most business categories. This is separate from the Division of Corporations formation fee.
How to File: Step-by-Step
- Check name availability at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx (free) or reserve your name for 120 days ($75).
- Prepare your formation document (Certificate of Formation for an LLC, Certificate of Incorporation for a corporation) or work with a registered agent service or attorney to prepare it.
- Choose your filing speed based on your budget and timeline.
- Upload your document to the eCorp Document Upload Service at https://icis.corp.delaware.gov/ecorp2 and pay the filing fee.
- Wait for your filed documents to arrive by mail (or by courier if you have an express account).
- Set a calendar reminder for your first annual obligation (June 1 for LLCs, March 1 for corporations).
Disclaimer: This Is Informational Content, Not Legal or Tax Advice
This guide is informational only and is not legal or tax advice. Delaware law is complex, and entity formation involves legal and tax considerations that depend on your specific situation. Before forming a Delaware entity, consult with a qualified Delaware attorney licensed to practice business law and a certified public accountant or tax advisor familiar with Delaware entity taxation. The Division of Corporations handles filing mechanics; it does not provide legal or tax guidance.
For official information, always refer to the Delaware Division of Corporations at https://corp.delaware.gov/ or call (302) 739-3073. The fee schedule shown here reflects rates current as of August 1, 2026. Fee schedules are subject to change. Always confirm current fees with the Division of Corporations before submitting your filing.