Anonymous LLC Delaware (2026): Privacy, Prestige, and the $300 Trade-off
Delaware keeps member data off the public certificate and allows nominee structures — at a $300/yr franchise tax. When DE earns its premium vs WY or NM. Not legal advice.
Current as of May 2026 · Reviewed 2026-05-22 · General information, not legal advice
Delaware buys prestige and nominee flexibility — not invisibility from a court.
The 10-second answer
Delaware's Certificate of Formation requires only the LLC name and registered agent — the state does not collect member or manager data on the public certificate. Delaware law permits nominee members and managers where activity is lawful.
The trade-off: a flat $300 annual franchise tax — higher ongoing cost than Wyoming or New Mexico.
BOI: As of May 2026, under FinCEN's March 2025 interim final rule, U.S.-formed Delaware LLCs have no federal BOI report — interim, not finalized, subject to change.
Delaware by the numbers
| Members on certificate | Not collected publicly |
| Nominees | Permitted under DE law (lawful use only) |
| Annual cost | $300 franchise tax |
| Best for | VC-backed companies, complex equity, Chancery Court familiarity |
How to form privately (four steps)
- Delaware registered agent with a physical DE address on the public record.
- Certificate of Formation — name + agent only on the public filing.
- Operating agreement — documents true ownership (including any nominee arrangement); not filed publicly.
- EIN — IRS still requires a real responsible party; nominees cannot fill that role.
When Delaware is worth the premium
- Raising venture capital or expecting outside investors
- Multiple owners or complex equity splits
- You want Court of Chancery precedent and institutional familiarity
For solo privacy buyers without investor complexity, New Mexico (cost) or Wyoming (operating brand) usually wins.
Nominees do not beat a court
A nominee adds a layer on some documents but still knows the true owner. Banks require beneficial owner identity, not a nominee. Discovery compels disclosure — nominee or not. Honesty guide.
FAQ
Is Delaware more private than Wyoming?
Both keep member names off public formation records. Delaware adds nominee flexibility and VC prestige; Wyoming adds charging-order reputation at lower ongoing cost.
Can I avoid the $300 franchise tax?
That's Delaware's flat LLC tax. New Mexico has no annual report; Wyoming has a lower annual report fee.
General information, not legal advice.
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Delaware when investors expect it
We form in WY, NM, or DE based on your structure — with disclosed privacy limits up front.
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