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Free Delaware LLC Operating Agreement Template

Create a Delaware LLC operating agreement to clearly define how your business operates and protect your legal rights. Build your customized agreement in minutes using our guided online form.

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1,109 Ratings
  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Fill in Your Details

Enter your LLC name, member information, and registered agent.

2

Customize Your Agreement

Define ownership, management structure, and voting rights.

3

Sign and Store

Download your document as a PDF or Word file, e-sign, and keep it for your records.

Table of Contents

  1. What Is a Delaware LLC Operating Agreement?
  2. Laws, Costs, and Fees in Delaware
  3. How to Create a Delaware LLC Operating Agreement

What Is a Delaware LLC Operating Agreement?

A Delaware LLC operating agreement outlines the ownership, responsibilities, and management rules of your company. It governs how members interact, share profits, and make business decisions.

Under Delaware law, an operating agreement can be written, oral, or implied—but having a written version is strongly recommended. It serves as proof of your LLC’s legitimacy, prevents misunderstandings, and ensures smoother operation.

Note: Delaware law requires every LLC to have an operating agreement, even if it’s just one member.

Laws, Costs, and Fees in Delaware

LLC regulations in Delaware are outlined under Title 6, Subtitle II, Chapter 18 (Delaware Limited Liability Company Act), which includes:

  • § 18-111: Interpretation and enforcement of LLC agreements.
  • § 18-201: Certificate of formation.
  • § 18-306: Remedies for member breaches of the LLC agreement.
  • § 18-405: Remedies for manager breaches of the LLC agreement.
  • § 18-1101: Construction and application of chapter and LLC agreement.

LLC Formation Costs in Delaware:

  • Certificate of formation fee: $110 ($100 for same-day service, $50 for 24-hour service).
  • Certified copy of registration fee: $50.
  • Name reservation fee: $75 for a 120-day reservation.

State business license: $50, obtained through t

How to Create a Delaware LLC Operating Agreement

Follow these steps to form your LLC and create your operating agreement in Delaware:

  1. Choose a business name: Select a unique name that isn’t already in use or too similar to another registered entity. You can reserve your LLC name for 120 days by paying a $75 name reservation fee while preparing your documents.
  2. Appoint a registered agent: Your registered agent receives legal and government documents on behalf of your LLC. They must have a physical Delaware address and can be an individual resident or a business operating within the state.
  3. File your Certificate of Formation: Submit your paperwork to the Delaware Division of Corporations. Include your LLC name, registered agent information, and the organizer’s signature.
  4. Write your operating agreement: Once your LLC is approved, prepare a written operating agreement to establish internal rules and compliance. Use the Delaware LLC operating agreement template to streamline this process.
  5. Obtain an Employer Identification Number (EIN): Apply for your EIN through the IRS. It’s free and allows your LLC to hire employees, open business accounts, apply for loans, and handle tax filings.