Form a Nonprofit in Delaware

Everything you need to know about forming a Nonprofit in Delaware. Filing fees, requirements, timeline, and step-by-step guidance.

$89
Filing Fee
7-10 business days
Processing Time
0
Required
Registered Agent

How to File

1

Choose Corporate Name

Select a unique name ending with 'Corporation,' 'Incorporated,' 'Company,' or abbreviations. Check name 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 nonprofit Certificate of Incorporation including corporate purposes, registered agent details, and incorporator information.

45 minutes

4

File with Delaware Division of Corporations

Submit the Certificate of Incorporation with filing fee to the Delaware Division of Corporations online or by mail.

20 minutes

What's Next After Filing

Once your Nonprofit is officially formed, you'll want to complete these important steps:

  • Create Corporate BylawsDraft bylaws governing internal operations, board structure, meeting procedures, and membership requirements.
  • Hold Organizational MeetingConduct first board meeting to adopt bylaws, elect officers, and handle initial corporate resolutions.
  • Apply for Tax-Exempt StatusFile Form 1023 or 1023-EZ with IRS for federal tax-exempt status and apply for Delaware nonprofit tax exemptions.

Advantages

  • Tax-exempt status for qualifying charitable purposes
  • Eligible for grants and tax-deductible donations
  • Delaware's established nonprofit law framework
  • No state franchise tax for nonprofits

Considerations

  • Complex IRS compliance and reporting requirements
  • Restrictions on political activities and private benefit
  • Must maintain charitable purposes and public benefit

Annual Obligations

Franchise Tax:$0*
Annual Report Fee:$25
Report Due:March 1
* Must maintain registered agent and file annual report. IRS Form 990 may be required depending on revenue.
Last verified: December 2025Source

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Other Business Types in Delaware

Form Delaware Nonprofit Corporation | Filing Guide 2024 | OpenChamber