Form a Corporation in Delaware
Everything you need to know about forming a Corporation in Delaware. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose Corporate Name
Select a unique name ending with Corporation, Corp., Incorporated, Inc., Company, or Co. Check availability through Delaware Division of Corporations.
30 minutes
Appoint Registered Agent
Designate a registered agent with a Delaware address to receive legal documents and official correspondence.
15 minutes
Prepare Certificate of Incorporation
Complete the Certificate of Incorporation including corporate name, registered agent, authorized shares, and incorporator information.
45 minutes
File with Delaware Division of Corporations
Submit Certificate of Incorporation with filing fee online or by mail to the Delaware Division of Corporations.
20 minutes
What's Next After Filing
Once your Corporation is officially formed, you'll want to complete these important steps:
- •Obtain EIN from IRS — Apply for Federal Employer Identification Number directly with the IRS for tax purposes and banking.
- •Create Corporate Bylaws — Draft internal operating rules governing corporate procedures, meetings, and decision-making processes.
- •Hold Initial Board Meeting — Conduct first board meeting to adopt bylaws, elect officers, authorize share issuance, and complete organizational resolutions.
Advantages
- ✓Strong legal precedent and business-friendly court system
- ✓No state income tax on corporations not operating in Delaware
- ✓Flexible corporate structure with minimal disclosure requirements
- ✓Enhanced credibility and investor appeal for fundraising
Considerations
- •Must pay Delaware franchise tax regardless of business location
- •Requires registered agent service if no Delaware presence
- •May need to qualify as foreign corporation in home state
Annual Obligations
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
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