How to Start a Business in Delaware (Step by Step Guide)

Delaware Business formationAre you thinking about starting your own business in Delaware?  If so, then you have come to the right place!

On this page, you can find step by step instructions on how to incorporate your business in Delaware. From selecting the business entity type to forms to be filled, we have covered it all.

Let’s get Started

The first step in setting up your business is to select the business structure.

Broadly there are 4 types of business entities:

  1. Limited Liability Company (Most Popular)
  2. Corporation
  3. Sole Proprietorship
  4. Partnership

Each business structure differs on the basis of taxation, asset liability and estate planning. We have written a detailed tutorial on how to choose a business entity type for your business here.

Below we have given a broad outline of the steps involved in registering an LLC or Corporation in Delaware.

Clicking on each step, opens up a detailed guide on how to complete it.

How to start an LLC in Delaware

Agency NameDelaware Division of Corporations
Form(s) to be filledCertificate of Formation of a Limited Liability Company
ModeMail or Fax
Name ReservationOptional, Fee $70 (Mail/Online)
Filing Fee$90 + Expedite fee: $50 (optional)
Time3 weeks (Expedite option available)
Law6 DE Code § 18-107 (2016)


Summary:

  1. Search for business name availability
  2. File for Business name reservation
  3. Select Registered Agent
  4. Fill the Certificate of Formation of a Limited Liability Company
  5. Draft an Operating Agreement
  6. Get Federal EIN Number
  7. Obtain Delaware business licenses and register with the Delaware Division of Revenue
  8. Obtain necessary Business Licenses & Permits
  9. Pay Annual Franchise Tax ($300) every year



How to start a Corporation in Delaware

Agency NameDelaware Division of Corporations
Form(s) to be filledCertificate of Incorporation
ModeMail or Fax
Name ReservationOptional, Fee $70 (Mail/Online)
Filing Fee$90 + Expedite fee: $50 (optional)
Time3 weeks (Expedite option available)
LawDelaware Code Title 8. Corporations § 102


Summary:

  1. Search for a Business Name
  2. File for Business Name Reservation
  3. Select Registered Agent
  4. Fill the Certificate of Incorporation form
  5. Draft Bylaws
  6. Get Federal EIN Number
  7. Obtain Delaware business licenses and register with the Delaware Division of Revenue
  8. Obtain necessary Business Licenses & Permits
  9. Pay Annual Franchise Tax ($300) every year


References:
http://delcode.delaware.gov/title6/c018/index.shtml

Fact-checked on 24/07/2018

Delaware Business Entity & Corporation Search

Delaware Secretary of State maintains records of all the business entities incorporated in the state. Basic information about any DE registered business can be accessed online for free on the SOS website. Additionally, for retrieving the current status of any business, there is a charge of $10. And for fetching either history, tax or annual […]

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