Delaware LLC privacy: what the state publishes and what it keeps

Delaware is the state of big American business: more than half of listed companies are incorporated there, and venture funds know its law by heart. What is less known is that its LLC is one of the most discreet in the country: Delaware does not publish the owner’s name, address or nationality. The certificate of formation contains only the company name and the registered agent’s details. No member, no manager, no owner address.

What Delaware makes public

The Certificate of Formation, the LLC’s birth certificate, fits in a few lines: the company name, the name and address of the registered agent in the state, and the organizer’s signature. A search on the Division of Corporations website returns the name, file number, formation date and agent. Nothing else. The state does not even publish the principal office address.

Unlike Wyoming, Delaware requires no Annual Report from its LLCs. It does require payment of an annual tax, the franchise tax, before June 1 each year. That payment comes with no identity disclosure: it is a plain payment, usually made by the agent.

Where the anonymity stops

Three parties always know who owns a Delaware LLC. The registered agent, who must keep a contact person’s details up to date and hand them over to the state or a court on request. The IRS, to which the company reports its foreign owner every year on Form 5472, information protected by taxpayer confidentiality and never published. And the bank, which checks the beneficial owner’s ID before opening the account. Delaware privacy is privacy from the public, competitors and the curious, not secrecy from the authorities.

Since 2025, the federal BOI report no longer applies to companies formed in the United States, which makes life even simpler for an LLC owned from abroad.

The cost, and why it matters

Filing the Certificate of Formation costs €110. The franchise tax is a flat $300 a year regardless of revenue, $400 starting with the 2026 tax year, with a $200 penalty plus interest if paid late. This is where Delaware stands apart: $400 a year from the 2026 tax year, against $60 in Wyoming and nothing in New Mexico. Registered agents there also tend to charge more. Over five years, that is $2,000 in Delaware against $300 in Wyoming, for an identical level of privacy.

Opening a bank account with a Delaware LLC

The question comes up every time: can a company whose owner appears nowhere open an account? Yes, because the bank sees everything. Mercury, Relay or Wise Business ask for the Certificate of Formation, the EIN, the operating agreement naming the owner, an ID document and proof of personal address. The file is exactly the same as in Wyoming or New Mexico. What banks dislike is not a discreet registry, it is a vaguely described business or a home address used as the company address. With a US business address and a precise business description, a Delaware LLC gets its account as quickly as any other, usually within a few business days.

Stripe and PayPal work the same way: they check the company with the state and verify the identity of its representative. Here Delaware even has an edge, its reputation. A US payment provider knows the Delaware Division of Corporations and finds the company there in seconds, which avoids the extra document requests that companies from lesser-known states sometimes face.

When Delaware is worth the price

A simple test settles it: ask yourself what you will be doing with the company in three years. If the answer includes raising money, converting to a C-Corp, bringing in US partners or signing contracts with large accounts, Delaware is the right choice and its annual tax is the price of a reputation. If the answer is “get paid by my clients in dollars and sleep well,” Wyoming does the same thing for $60 a year, and New Mexico with no recurring filing at all.

Delaware makes sense when the company is meant to take on US investors, sign with large accounts that know its law, or convert later into a C-Corp. Its Court of Chancery, a court dedicated to corporate law, reassures lawyers and funds. A startup founder preparing a fundraising round has good reasons to pick it.

For a freelancer, an agency, an online store or a solo SaaS founder who mainly wants Stripe, a dollar account and privacy, Wyoming or New Mexico deliver the same confidentiality for a fraction of the annual cost. Our comparison of the three states goes into detail.

Forming your Delaware LLC with LLC Place

Delaware is one of the states available in our formation flow, alongside Wyoming and New Mexico. Everything it requires is included from the first payment: the certificate filing, a registered agent in the state, a US business address, the EIN without a Social Security number, an operating agreement in English, help opening the bank account, and tracking of every deadline. The $400 annual franchise tax is still payable to the state. The annual IRS filings are available as an option and included in the Pro and Founder plans. You provide the company name and a few details about your business, we provide everything else, remotely.

Frequently asked questions

Is a Delaware LLC really anonymous?

To the public, yes: the state registry only publishes the company name, its registered agent and its formation date. To the IRS, the registered agent and the bank, no: each of them knows the owner, and none of them ever publishes it.

What happens if I miss the Delaware franchise tax?

A $200 penalty applies from June 2, then interest of 1.5% a month. After several years without payment, the state cancels the company. LLC Place tracks the deadline and pays the tax for you as part of annual compliance.

Does Delaware require an Annual Report for an LLC?

No. Delaware requires an Annual Report from corporations, not from LLCs. An LLC has a single state obligation each year: the franchise tax, $300 a year and $400 starting with the 2026 tax year, due by June 1.

Can I form a Delaware LLC without living in the United States?

Yes. No residency, no visa and no travel are required. The registered agent provides the in-state address, the EIN is obtained without a Social Security number, and everything is signed remotely.