Incorporate in Delaware

Search to make sure your company name is available. You can use the free CorpNet company name search. Your corporate name in Delaware will have to include Corporation (or Corp.) or Incorporated (or Inc.). Delaware has reserved the words like bank, trust, and engineer/engineering, which can only be used in your name if you have the appropriate certificates and licensing. Your name cannot imply a service or business which conflicts with the purpose stated when you register.

Delaware law requires all Corporations assign and maintain a registered agent. A business must designate a registered agent in Delaware who is authorized to accept service of process (essential government documents and legal notices) on behalf of its business in the state.

To serve as a resident agent or office, you must meet the following requirements:

• Must have a physical office address in the State of Delaware
• An entity that is available and accessible to accept service of process
• An individual resident of Delaware
• A Domestic Corporation, Limited Liability Partnership, Limited Partnership, Limited Liability Limited Partnership, Limited Liability Company, or Statutory Trust
• A Foreign Corporation, Foreign Limited Liability Partnership, Foreign Limited Partnership, Foreign Limited Liability Limited Partnership, Foreign Limited Liability Company, or Foreign Statutory Trust

Register your Corporation with the Secretary of State and file a Certificate of Incorporation.

Domestic Corporations are those formed in Delaware itself. A foreign Corporation is a Corporation registered in another state that does business in Delaware. Foreign Corporations are required to register in Delaware.

Hold the first official meeting for the Corporation adopt the official Bylaws. The Bylaws of a Corporation are a critical document that does not get filed with any state offices but will frequently follow state statutes as a written record of how your company will operate in compliance with state laws.

All businesses that hire employees must have an Employer Identification Number (EIN). Even those without employees might need one because many banks require them before they’ll open up a bank account for a business. Sometimes an EIN is requested on other official paperwork, too. CorpNet can assist companies in obtaining a Federal Tax ID Number for if desired.

Every business will need one or more license, permit, or tax form filled out before it can begin operations. This includes business permits at the city, county, state, or federal level.

It can be a little overwhelming to try and figure it all out. Our Business License Research Package will help you quickly and easily determine what business licenses and permits you need to be compliance with government regulations.

Businesses with employees must be set up to remit any employment-related taxes and fees to the state tax authorities. Delaware has the following taxes:

• Delaware Income Tax
• Delaware Local Taxes
• Delaware Unemployment Insurance Tax

Payroll tax registration details can become confusing, so consider relying on CorpNet’s specialists to manage the process of registering for your Delaware business for payroll taxes.

Besides the startup activities involved in forming a Corporation, business owners must also fulfill some ongoing compliance requirements. The rules vary from state to state. Below are a few common compliance obligations that entrepreneurs might expect:

• Keep your business bank account and transactions separate from your personal finances.
• Renew business licenses and permits.
• File an annual report.
• Hold an annual meeting and record meeting minutes.
• File and pay taxes.
• Inform the state of any significant changes to the business.

CorpNet’s Compliance Portal is your single source for staying organized and in the know about approaching business compliance obligations. Our secure, cloud-based portal saves you from the hassle of visiting multiple websites—like those for your state, city, and county; the Internal Revenue Service (IRS); or the Franchise Tax Board—to find the information you need and the proper applications to complete.