Delaware is known as one of the three incorporation-friendly states, the other two being Nevada and Wyoming. More than 60% of Fortune 500 companies are incorporated in Delaware thanks to Delaware's excellent body of corporate law, spanning 110 years, regarding such matters as management, shareholder issues and mergers and acquisitions.
To learn more about specific advantages of incorporation in Delaware please consult our article Advantages of Incorporating in Delaware.
Delaware corporations and limited liability companies are formed by filing the original of the Certificate of Incorporation (Articles of Organization for LLC) with the Division of Corporations of Delaware Department of State. The filing fee is $90 for limited liability companies and $89 (plus $9 per each additional page) for corporations. The entire filing process takes anywhere from 6 weeks, to 3-5 business days if the filing is expedited.
The name of the corporation or limited liability company must end with one of the following words: Incorporated, Corporation or Limited Liability Company, or their abbreviations: Inc., Corp., L.L.C. or LLC.
We can help you prepare and file all the necessary incorporation or LLC formation paperwork with the appropriate Delaware State authorities for just $39.00 plus the required state fees.
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The process of forming a non-profit corporation in Delaware is largely the same as formation of a regular, for-profit, corporation. Delaware Division of Corporations charges a $89 (plus $9 per each additional page) fee to file non-profit Articles of Incorporation.
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To reserve a specific name for a future company, an individual must first check with Delaware Division of Corporations if that name is available. If available, a name can be reserved by filing an application with the Division of Corporations of the Delaware Department of State. The filing fee is $75 and applications are usually processed immediately if submitted online.
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You may reserve a trade name if you are intending to do business using that name. In order to get a trade name you must file a application for a trade name with Delaware Prothonotary's Office for each county in which you wish to register with. The filing fee is $25.
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Delaware does not collect sales tax, therefore you are not required to have Sales Tax ID.
In order to register to do business in Delaware, an out-of-state company must file Foreign Corporation Certificate with Delaware Department of State.
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In order to change or amend its name, a company must file Certificate of Amendment of Certificate of Incorporation (Organization) with Delaware Division of Corporations. Prior to filing an amendment, the company must check if its new name is available with Division of Corporations. The state filing fee is $194 for corporations, $200 for LLCs and $100 for foreign corporations.
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In order to officially dissolve, a company must file Certificate of Dissolution with Delaware Division of Corporations. The Division of Corporations filing fee is $204 for corporations (plus $9 for each additional page), $200 for limited liability companies and $175 for foreign corporations.
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Any company incorporated, organized or doing business in Delaware must maintain a registered agent in the State at all times. The registered agent must be physically located in Delaware and is appointed by the company to accept legal documents on its behalf.
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A company that is in good standing can obtain a Certificate of Existence (Good Standing) from Delaware Secretary of State. The Secretary of State fee for this service is $50 (Short Form Certificate) and $175 (Long Form Certificate). The certificates are mailed within two to three business weeks.
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A company can order certified copies of its official documents from Delaware Secretary of State. The state fee for ordering certified copies of Articles of Incorporation or Organization is $50 plus $2 for each additional page. The Secretary of State takes approximately from two to three business weeks to mail the certified copies.
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Delaware law does not require new businesses to publish legal announcements of formation.
An apostille certificate can be ordered from Delaware Secretary of State to confirm authenticity of any officially-filed corporate document, for use outside of the United States. The Secretary of State charges a $30 fee for the apostille certificate in addition to any fees charged for making certified copies of the requested documents. Processing takes approximately from two to three business weeks.
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In order to sell tobacco products in the state, a company must obtain a Retail Tobacco Product License from Delaware Division of Revenue. The Division of Revenue charges $15 for each location (3 year renewal ($5 per year) plus $90 annually) filing fee for this service.
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All Delaware corporations are required to file an Annual Franchise Tax Report. Delaware Secretary of State filing fee for corporations is $125 minimum ($50 fee and $75 franchise tax fee). The tax is figured on authorized shares: 1-5,000 shares cost the minimum $75, 5,001 - 10,000 shares cost $150, anything above 10,000 shares cost an additional $75 for every 10,000 shares; with a maximum payment of $180,000. The filing fee for LLC's is $250.
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