Incorporate in Delaware

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Delaware is arguably the most popular state for incorporations in the U.S., with over 1,000,000 business entities registered there. Due to Delaware’s business-friendly reputation, it is relatively easy to incorporate there; however, the process still involves many steps and paperwork. Corporate Creations can assist with your Delaware incorporation and handle the entire process for you.

Why incorporate in Delaware with Corporate Creations?

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Fully online Delaware incorporation

When you partner with Corporate Creations to form a corporation in Delaware, you’ll benefit from an online process from start to finish. Not only does this streamline the entire process and save you time and money, but it reduces the risk of errors so you can have total peace of mind that your incorporation will be completed quickly and accurately.

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Support from experts

The experts from Corporate Creations are experienced with the Delaware incorporation process and you can rest assured nothing will go amiss when you partner with us. You’ll also benefit from valuable support and guidance during the process to help you navigate any complexities that may arise.

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Help with additional Delaware business filings

Once incorporated, you’ll need support with ongoing business filings required in the state of Delaware. Corporate Creations is known for offering business compliance services and can continue to partner with you to ensure you meet all state filing requirements such as annual reports.

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Incorporate in Delaware today

How to form a corporation in Delaware

Many businesses are incorporated in Delaware each year. The process is relatively straightforward but does require paperwork and attention to detail. Outside of the incorporation filing itself, you’ll need to obtain your Federal Tax ID Number (EIN) from the IRS, which Corporate Creations can assist with. Once you have your EIN and are ready to incorporate, you’ll need to follow the steps below.

1. Choose your corporation type

In Delaware, you have several options when it comes to forming a corporation. The most common choices are C corporations and S corporations. However, you can also /consider establishing a non-profit or professional corporation, depending on what aligns best with your business objectives.

Choose your corporation type
Decide on a company name

2. Name your company

Once you’ve selected the type of corporation you want to form, the next step is to make a Delaware name reservation. It’s crucial to pick a name that represents your brand and is available for use; legally, your business name must be unique and not too similar to any existing registered name. You can check the availability by doing a Delaware business name search. If your preferred name is already taken, you can file a ‘Doing Business As’ (DBA) name. Corporate Creations can assist you with this process, making it easier to secure a suitable name for your business.

3. Appoint a registered agent

When forming a business in Delaware, securing a registered agent is vital. This role is mandated for companies in all U.S. states and serves as the primary contact for your business, handling legal correspondence on your behalf. You have the option to designate a legal entity or an external representative as your registered agent. Corporate Creations provides comprehensive registered agent services throughout the United States, ensuring all your representation needs are met.

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4. Choose an incorporator

When preparing your Articles of Incorporation in Delaware, it’s necessary to designate an incorporator. This individual, whose name, address, and signature must be included, is responsible for signing and filing the Articles with the Secretary of State. While many businesses prefer to have an attorney fulfil this role, you have the flexibility to appoint anyone, including third-party services like Corporate Creations, to act as your incorporator.

5. Issue shares

When you file the Certificate of Incorporation with the Secretary of State, you’ll need to include the number of shares the business is issuing, including information about share class and series. In Delaware, there is no specific minimum number of shares that must be authorized. However, the general rule of thumb is to authorize 5,000 shares or fewer. In doing so, corporations benefit from the minimum Delaware Franchise Tax.

Delaware corporations can issue common shares and preferred shares, offering shareowners different rights. It’s important to keep thorough and accurate share documentation through a stock ledger, the official record of stock ownership.

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File the Articles of Incorporation

6. File the Articles of Incorporation

Once you’ve collected all the required details for the Certificate of Incorporation, you can submit it to the Delaware Division of Corporations. Corporate Creations can handle this submission for you, depending on your preference: online, by mail, or in person. After submission, your company will be officially established! There are a few more steps to complete after filing the Certificate of Incorporation. For further guidance on post-filing actions, refer to our detailed guide on how to start a corporation.

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Delaware incorporation FAQs

There are various reasons why companies opt to incorporate in Delaware:

  • There are multiple tax advantages. For example, companies incorporated in Delaware but which do not carry out business there are exempt from state corporate income tax.
  • The state offers good legal protection, in large part thanks to The Delaware Court of Chancery, which is recognized for its fair decisions.
  • The state has a good reputation with businesses, with over 66% of Fortune 500 companies incorporated in Delaware. Plus, businesses incorporated in Delaware are particularly attractive to investors.

The state filing fee for incorporations in Delaware (including Public Benefit Corporations) is $109 as of August 1, 2024. However, there are various additional costs involved which don’t fall under this fee, such as Certified Copy and Certificate of Good Standing fees. These extra costs can add up, which is why businesses choose to work with Corporate Creations. For a set fee, we can handle all the filing requirements on your behalf and ensure you face no additional financial surprises.

The length of time it takes to incorporate in Delaware depends on various factors including:

  • How long it takes you to compile your paperwork
  • The accuracy of your documents
  • The time of year you file
  • Whether you opt for an expedited service

Corporate Creations guarantees timely filing of your Certificates of Incorporation by meticulously completing all paperwork, ensuring a smooth incorporation process without any delays.

Many businesses contemplate whether to incorporate in California or Delaware. Delaware is often favoured due to its corporate laws and The Court of Chancery, which specializes in corporate law and offers greater predictability in legal matters. California lacks a dedicated court for corporate matters, leading to less certainty for businesses facing legal challenges. However, California offers lots of benefits; it’s a strong business hub, offering credibility to incorporated entities. Moreover, California has specific shareholder laws in place to ensure minority shareholders are treated fairly.

You can file a DBA request directly with the Prothonotary’s office in the Delaware counties where you plan to operate. Ensure that your DBA form is notarized before submission. The form can be submitted online, by mail, or in person. Many businesses opt to use third-party services, such as Corporate Creations, to handle the DBA filing on their behalf.

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