How to Incorporate in Delaware

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Congratulations on deciding to form a Delaware corporation or LLC! This is an important step for any business.

Your next step is to determine how, and where, to form your company. Many businesses have chosen to register a business 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, which is why companies incorporate in Delaware.

You can easily and efficiently incorporate in Delaware through incorporate.com. incorporate.com has helped thousands of companies to start a business in Delaware, and we'd love to help you too! Contact us today to learn how to incorporate in Delaware.

How to Start a Business in Delaware

To register your business and incorporate or form an LLC in Delaware, begin by choosing a business name. We'll work with you to confirm your business name meets naming requirements and is not already in use.

For a corporation, there are several additional steps. They include:

  • incorporate.com will file your Delaware articles of incorporation on your behalf.
  • If you plan to hire employees or open a bank account in the name of the business, you will need a Federal Tax ID.
  • Once the process 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.

Looking to learn how to form an LLC in Delaware? For an LLC, these are the steps:

  • You will want to decide whether you are forming a Delaware single member LLC or a multi-member LLC.
  • Then, simply answer the questions listed on our online order form and we will complete the forms and file your Delaware LLC using the information that you provide to us.
  • An 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.
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For both a corporation and an LLC, 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. We would be happy to provide this service for you as your Delaware Registered Agent.

Why Companies Incorporate in Delaware

You may still be wondering why companies are incorporated in Delaware instead of in their home state. That's a great question. There are several important reasons why Delaware corporations and LLCs are so popular.

  • Delaware has the nation's most advanced and flexible business entity laws, making it easier to do business.
  • There is a low franchise tax for small businesses, making it cheaper to operate.
  • There is no tax on capital stock or assets, which is another reason why companies incorporate in Delaware.
  • There are no stock transfer taxes or Delaware capital shares.
  • There is no Delaware sales tax
  • A Delaware business court (Court of Chancery) that minimizes time, cost and risk of commercial litigation.

incorporate.com will be happy to take care of the requirements to get your Delaware LLC or corporation up and running. Now that you know why companies incorporate in Delaware and how to register a company in the state of Delaware, it's time for you to benefit from the same advantages! Contact us today.