LLC, Business License, Incorporation Services and Requirements in Delaware

Delaware's flexible corporate laws and business-friendly state government have made it one of the best states in which to form a business. A major incentive to incorporate in Delaware is that it offers favorable tax treatment for companies headquartered in other states. Many of the largest firms in America have chosen this small state as their state of incorporation. In fact, 68% of the 50 largest U.S. companies and 58% of Fortune 500® companies incorporated in Delaware. More than one million business entities call Delaware their legal home.

Many businesses have chosen to incorporate in Delaware even though they may not be located within the state. The state of Delaware is known for having some of the most business-friendly laws and regulations for starting and running a business.

Incorporate in Delaware Online

You can easily and efficiently incorporate in Delaware online through The Company Corporation. The Company Corporation has helped thousands of companies with incorporating in Delaware and our established relationship with the Delaware Secretary of State allows us to provide the best service in the industry.

How to Incorporate in Delaware

To start your business and incorporate in Delaware, begin by choosing a business name. The Company Corporation will confirm your business name meets naming requirements and is not already in use.

The Company Corporation will file your Delaware articles of incorporation on your behalf. You will need a Federal Tax ID if you intend to hire employees or open a bank account in the name of the business. The Company Corporation can also complete this step of the process.

Once the process to incorporate your business in Delaware is complete, you will receive a Delaware certificate of incorporation. The certificate of incorporation is sometimes asked for as proof of your business entity when opening bank accounts or applying for other financing.

If your business is not located within the state of Delaware, you will still need to have a registered office located in Delaware to receive legal paperwork on your behalf in the event you are sued. The Company Corporation can provide this service for you as your Delaware Registered Agent.

Costs and Fees to Incorporate in Delaware

The state fee to incorporate in Delaware is a minimum of $89 which includes your Division of Corporation fees ($50), filing fee tax ($15 minimum), and the county fee ($24). This price is based on a corporation with 1500 shares at no par value, so the Delaware incorporation fees to file may vary depending on the number of shares you desire and their par value.

The Company Corporation will take care of the requirements to get your Delaware incorporation up and running and advise you of the total cost to incorporate in Delaware based on your individual situation.

Why Incorporate in Delaware?

There are a number of incorporation advantages in Delaware that lead business owners to start their businesses in the state. Some Delaware incorporation advantages include:

  • The nation's most advanced and flexible business entity laws
  • Low franchise tax for small businesses
  • No tax on capital stock or assets
  • No stock transfer taxes or Delaware capital shares
  • No Delaware sales tax
  • A Delaware business court (Court of Chancery) that minimizes time, cost and risk of commercial litigation

Documents Needed to Incorporate in Delaware

An incorporation service specialist will complete and process all of the Delaware incorporation forms upon receiving the necessary business and contact information.

Delaware Incorporation Services: FAQ

Why do Companies Incorporate in Delaware?

The primary reasons why companies incorporate in Delaware are the business-friendly regulations and tax laws.

How to incorporate in Delaware?

The Company Corporation can guide you through the involved process of forming a corporation in Delaware. You can incorporate your business online through The Company Corporation's Delaware incorporation services

Simply fill out the questions listed on our online order form and The Company Corporation will file the required documents with the appropriate government offices in Delaware.

How long does the formation process take?

Our long standing relationship with the state of Delaware makes it fast and efficient to get your business started. The Company Corporation can generally process a Delaware formation in 48-72 hours.

Should I incorporate in Delaware?

If you want to keep your business completely separate from your personal assets, it is a good idea to incorporate or establish a Limited Liability Company. Many companies decide to incorporate in Delaware even if they are not located in the state to take advantage of their business regulations and business tax requirements.

Ready to Incorporate in Delaware? Get Started

For a Delaware LLC, you will need to file the Delaware LLC articles of organization and obtain the appropriate Delaware business licenses and permits for your industry. The Company Corporation can walk you through how to register an LLC, assist with forming your LLC in Delaware and ensure all formation requirements are met.

There are more than 1,000,000 business entities in Delaware, including more than 50% of all United States publicly-traded companies. Delaware LLC, tax and incorporation laws are flexible and business-friendly.

How to Set Up a Delaware LLC Online

Thanks to favorable tax laws and advantages in the state of Delaware, many people decide to form their Delaware LLC online through The Company Corporation.We will file all of the necessary paperwork to legally create your Delaware LLC.

How to Start a Delaware LLC

The process to create a Delaware LLC begins with choosing your business name. The Company Corporation will check the availability of the name you choose and verify it is not already in use and passes name requirements. Then, you will want to decide whether you are forming a Delaware single member LLC or a multi-member LLC.

Simply answer the questions listed on our online order form and we will complete the Delaware LLC forms and file your Delaware LLC using the information that you provide to us. A Delaware LLC operating agreement is recommended for starting an LLC, though it is not required by state law. For businesses with more than one member, the Delaware LLC operating agreement will clearly define each member's role, responsibilities and ownership share of the business.

The Company Corporation can serve as the registered agent for your Delaware LLC. The registered agent for a Delaware LLC must have a physical address in the state of Delaware. The registered agent will receive and forward to you any legal paperwork in the event of a lawsuit.

Costs and Fees to Start a Delaware LLC

Setting up a business in any state will require fees for filing and establishing your business name. The Delaware LLC fees include $90 to the state for filing your Delaware LLC formation and a $300 Delaware LLC franchise tax for LLCs due on or before June 1st of each year. The Company Corporation includes the initial state fee as part of the selected incorporation package and the initial franchise tax plus our service fee can be added on as an option.

Delaware LLC Forms and Requirements

In the State of Delaware, you must file a Delaware LLC Certificate of Formation to set up an LLC. The Delaware LLC formation is filed with the Delaware Division of Corporations. The form will include the name of your business and the location of your company's Delaware LLC registered agent.

You can access and research LLC requirements directly from our website. The Company Corporation will file these documents with the state of Delaware with the information that you provide on our web site.

Benefits of Starting a Delaware LLC

Starting an LLC in Delaware benefits your business in different ways. Large Delaware LLCs have greater benefits than small LLCs, but businesses of all sizes will see advantages to forming an LLC in Delaware. Some of the benefits of forming an LLC in Delaware include:

  • There is no state corporate income tax if a company is not located in Delaware but has a Delaware LLC registration.
  • Members, shareholders, officers, managers or directors of an LLC or corporation are not required to reside in Delaware.
  • Non-residents do not pay personal income tax in Delaware.
  • The Delaware Court of Chancery mainly hears cases involving businesses and uses judges (not juries), which is a benefit for large LLCs or corporations with thousands of shareholders.
Ready to Form an LLC in Delaware? Get Started

To start a business in the state of Delaware, you are required to have a Delaware business license from the state's Division of Revenue. You will need a state of Delaware business license even if you live in a different state, but plan to operate your business in Delaware. Understanding the Delaware business license regulations will ensure you are in compliance with licensing requirements.

Delaware is known for having a very flexible and business-friendly legal structure. For these reasons, many business owners from other states and countries choose to acquire a Delaware business license.

Delaware Business License Requirements

Any business planning to operate in the state is required to fill out a Delaware business license application. As part of our services, we will research your individual business license needs and provide you with the appropriate forms to complete. The exact information required on your business license application will vary depending on which type of business structure you decide to set up: partnership, sole proprietor, corporation or Limited Liability Company.

Once you decide on the type of business you intend to set up, The Company Corporation will work with you and provide you with all of the necessary paperwork. We will walk you through all of the steps required to operate a business in Delaware.

How To Start a Business in Delaware

In addition to completing Delaware business license requirements for starting a business in the state, you may need to register your business with other local, state or federal entities. Unless you are a sole proprietor without employees, your Delaware business will also need to register with the federal government in order to get a Federal Employer ID Number.

The Company Corporation can help you to meet all Delaware business license requirements by providing the initial Delaware business license application, obtaining your Federal Employee ID Number, and providing Unemployment Insurance forms.

State of Delaware Business License Requirements & Renewal

Once you have received your Delaware business license and you are up and running, you will need to be aware of any ongoing requirements necessary for operating your business in the state. For example, most business owners will need a Delaware business license renewal annually, or once every three years depending on which state of Delaware business license renewal option you choose.

Keep in mind, some professional industries require special Delaware business license renewals. Most state of Delaware business licenses can be renewed online to save you a trip to the government offices. The Company Corporation can also assist you with your ongoing requirements after you have your Delaware business license to save you the extra effort. Contact us to learn how we can help.

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