Incorporate in Delaware (DE)
Learn the basic facts about Delaware corporations and Delaware limited liability companies (LLCs). Compare the differences between Delaware corporations and Delaware LLCs and learn about Delaware rules and regulations that relate to forming a corporation or LLC.
Forming a Delaware Corporation or Limited Liability Company (LLC)
There are a number of business entity types to consider when you are deciding the structure of your Delaware business. The most advantageous entities to form in Delaware are typically corporations or LLCs. Although other entity options are possible, these are the entities that offer the highest level of liability protection in Delaware. As you review the characteristics of incorporating or forming an LLC in Delaware, be sure to keep in mind both the present and future needs of your business. Often, when you start a business it begins as a small organization.
Get Started
If you decide that a Delaware corporation or LLC is the best option for your business, BizFilings will form your company in Delaware, faster than anyone else, without costly legal fees. Our cost-saving offerings include:
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$115 $95 + State Fees
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$250 $175 + State Fees
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$350 $195 + State Fees
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- Preparation and Filing of Formation Documents
- Preliminary Name Check with State
- Free Registered Agent Service for 6 months
- BizComply Online Compliance Tool
- 24/7 Access to Online Corporate Status Center
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- Everything included with the Basic Package
- Expedited Processing Service
- Corporate Kit & Seal
- Corporate Forms CD
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- Everything included with the Standard Package
- Tax ID (EIN) Number Obtainment
- Compliance DVD
- Certified Copy of State Filed Documents
- Overnight Shipping
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State Fees Apply
Each state charges filing fees that apply separately from BizFilings' package pricing. These fees will be reflected when you generate a Fast Quote using any of the links above. You can also view our list of fees by state.
Incorporating in Delaware
Delaware Corporate Name Endings
Delaware Corporation Requirements
Delaware Corporate Taxes and Fees
Delaware Business License Requirements
Delaware Corporate Name Endings
The corporate name ending must contain the word "Association," "Company," Corporation," "Club," "Foundation," "Fund," "Incorporated," "Institute," "Society," "Union," "Syndicate," "Limited," or the abbreviation "Co.," "Corp.," "Inc.," "Ltd.," or words or abbreviations of like import in other languages. The name must be distinguishable from the names of other corporations organized, reserved or registered as a foreign corporation under the laws of Delaware. Use of word "Trust" is prohibited except for corporations under supervision of the Bank Commissioner.
Delaware Corporation Requirements
Director Information
Minimum Number: One or more individuals. Business entities cannot serve as directors of a corporation.
Residence Requirements: No provision.
Age Requirements: None.
Directors are not required to be listed in the articles of incorporation.
Officer Information
Officers are not required to be listed in the articles of incorporation.
Stock Information
An increase in shares or par value does affect initial filing fees.
Corporate Records
A stock ledger and basic corporate records must be kept at the principal office of the corporation.
Taxes and Fees
Annual Statements
The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.
Taxes
For more information on taxes, visit http://www.state.de.us/revenue/default.shtml.
S Corporation
S Corporation status is recognized by the State of Delaware. A separate state election from the federal election is not required.
License Requirements
Delaware requires some businesses to obtain a license and pay a fee if you are operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.
Form a Limited Liability Company (LLC) in Delaware
Delaware LLC Name Endings
Delaware LLC Requirements
Delaware LLC Taxes and Fees
Delaware Business License Requirements
LLC Name Endings
The name of a LLC must end with "Limited Liability Company," "LLC," or "L.L.C."
Delaware LLC Requirements
Member/Manager Information
Minimum Number: one or more
Residence Requirements: no provision
Age Requirements: no provision
Members/Managers are not required to be listed on the formation documents.
Delaware Taxes and Fees
Annual Statements
The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.
Taxes
For more information on taxes, visit http://www.state.de.us/revenue
License Requirements
Delaware requires most businesses to obtain a license and pay a fee if operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.
Registered Agents in Delaware
Delaware corporations and LLCs are required to have a registered agent located in Delaware. The Delaware registered agent is responsible for receiving important legal and tax documents including service of process (litigation) documents, franchise tax forms, and annual report forms.
A Delaware registered agent is an individual or company located at a street address in Delaware. Post office boxes are not acceptable addresses for a registered agent in Delaware.
If a company, such as BizFilings, is acting as your registered agent they must be registered as a corporation in Delaware. There are a number of advantages to using a registered agent service provider in Delaware, but the advantages differ between large and small companies.
Large companies in Delaware benefit by having service of process and state documents send to their registered agent's office in Delaware. The registered agent follows delivery instructions to ensure that important documents reach the correct individual. Smaller companies in Delaware benefit by providing a consistent Delaware address.
Another advantage to using another company as your Delaware registered agent is that the information of your Delaware registered agent is public record.
Learn how to select BizFilings as your registered agent in Delaware.
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