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.

$89
Filing Fee
7-10 business days
Processing Time
$175
Annual Tax
Required
Registered Agent

How to File

1

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

2

Appoint Registered Agent

Designate a registered agent with a Delaware address to receive legal documents and official correspondence.

15 minutes

3

Prepare Certificate of Incorporation

Complete the Certificate of Incorporation including corporate name, registered agent, authorized shares, and incorporator information.

45 minutes

4

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 IRSApply for Federal Employer Identification Number directly with the IRS for tax purposes and banking.
  • Create Corporate BylawsDraft internal operating rules governing corporate procedures, meetings, and decision-making processes.
  • Hold Initial Board MeetingConduct 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

Franchise Tax:$175
Annual Report Fee:$50
Report Due:March 1
Annual report and franchise tax due March 1st each year. Late fees apply after due date. Franchise tax may be higher based on authorized shares method calculation.
Last verified: December 2025Source

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