Form a Delaware LLC Without Names on the Public Record

Many people want to know how to file a Delaware LLC confidentially, and how to protect ownership if you file and decide not to list your member's names on your Certificate of Formation.

How can I file a Delaware LLC without listing the owner's name in Delaware public records? 

form a delaware llc without names on the public recordIn Delaware, the only document you are required to file in order to create an LLC is a Certificate of Formation. Unlike other states, Delaware requires very little information to be made public in order to form an LLC.

The Certificate of Formation filed with the Delaware Secretary of State is only required to be comprised of three items: the name of the Delaware LLC, the name and address of the Delaware LLC’s registered office and the name and address of its Delaware Registered Agent.

In Delaware, members and managers are not required to be named in, nor to execute, the Certificate of Formation. Preparation, execution and filing of the Certificate of Formation must be handled by an authorized person or entity.

An authorized person is an individual or entity that forms an LLC on behalf of the members by filing the necessary formation documents with the Delaware Secretary of State and then providing the certified documents to the members of the LLC.

Typically, the authorized person is the LLC’s Registered Agent. The powers of the Authorized Person are merely to execute the filing of the document with the Delaware Division of Corporations. Once the document is filed, the Authorized Person delivers the LLC to the initial member(s).

The legal instrument that releases the LLC to the initial member(s) is called the Statement of the Authorized Person. This statement is prepared and signed by the Authorized person and is not provided to the state of Delaware. It is not required to be filed in Delaware public records.    

If you'd like more information, please visit our Delaware LLC informational page.


How is ownership shown in the LLC if the public record deosn't contain names?

The fundamental terms of an LLC's ownership, operation and management are set forth in an LLC Operating Agreement. An LLC Operating Agreement can be a written document or merely an oral understanding.

privacy in a delaware llc

A written Operating Agreement, however, is typically used because it memorializes the understanding and agreements of the members which, in the event of a later dispute, misunderstanding, litigation or death, is an invaluable protection for all parties involved.

Although each LLC Operating Agreement is different, an LLC Operating Agreement generally sets forth certain fundamental terms, such as:

  • The ownership percentage of each member
  • The manner in which profits, losses and expenses are allocated
  • The authority of members to bind the LLC and participate in day-to-day management
  • The voting rights of each member in making key decisions
  • The circumstances under which a member may withdraw from the LLC, and the way in which the member’s economic interest is calculated upon withdrawal
  • The ability of a member to sell or pledge his/her interest to a third party
  • Terms contemplating the death or disability of a member
  • The circumstances and terms under which new members may be admitted
  • The circumstances under which the LLC will be liquidated, and the priority of claims among the members upon liquidation
  • Indemnification rights (if any) in the event the LLC or member is sued in connection with the LLC's business

Delaware does not require an LLC Operating Agreement to be filed or added to the Delaware public records. For more information on LLC Operating Agreements, or to receive assistance with yours, please visit our LLC Operating Agreement page.

*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.

More By Brett Melson

There are 4 comments left for Form a Delaware LLC Without Names on the Public Record

Bob said: Monday, July 11, 2022

When I look at your site and start the form for registry, it asks for my full name and address. Will this info remain off the record? Why is it required if it isn't needed to form the LLC?

HBS Staff replied: Monday, July 11, 2022

Hello Bob,

Thank you for reading our blog and for your question. All Registered Agents are required by law to have a Communications Contact person with whom they can speak with regarding the company and to know where to send annual billings. This information is for our records only and will not be released to a third party unless legally obligated to do so.

Julia said: Saturday, February 2, 2019

Hey, if I want to use your service to register a business in Delaware as well as a registered agent. How much is the fee?

HBS Staff replied: Monday, February 4, 2019

Hi Julia - You here's some information about our formation packages and Registered Agent service. That page includes pricing and you are welcome to call, email, or chat with us if you have questions about getting started.

larry fleetwood said: Friday, December 29, 2017

does an LLC have to Have a bank account

HBS Staff replied: Tuesday, January 2, 2018

The opening of a bank account for a company is different for everyone. Generally, a business opens a bank account if the company is selling goods or services.

Bob Sahni said: Sunday, October 8, 2017

Hi there, If I use your services to form a Delaware llc and appoint you as a registered agent. Would you be able to open bank account as well on my or my llc behalf? I am asking this cause I am travelling right now and won't be able to visit the bank personally for another 4 weeks. Thank you, Harminder Singh

HBS Staff replied: Monday, October 9, 2017

Unfortunately, we cannot open business bank accounts for any clients; it is simply not allowed by the banks. Here is more information on how you may possible open a business bank account:


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