Whether you are starting a business or incorporating an existing one in Delaware, you’ll want to understand state requirements for Delaware corporations and limited liability companies (LLCs).
Delaware Corporation Formation Requirements
Cost to incorporate. BizFilings clearly outlines our fees and the state fees to form a corporation in Delaware. View our pricing to plainly see:
- BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
- State fee for standard turn-around. Our pricing clearly shows the state fee to incorporate in Delaware with standard turn-around.
- Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
- 24-hour turn-around. There is a 24-hour filing option in Delaware, which is outlined in our pricing.
- Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Certificate of Incorporation.
Corporate name. The corporate name ending must contain the word "Association," "Company," Corporation," "Club," "Foundation," "Fund," "Incorporated," "Institute," "Society," "Union," "Syndicate," "Limited," or the abbreviation "Co.," "Corp.," "Inc.," "Ltd.," or words or abbreviations of like import in other languages. The name must be distinguishable from those of other corporations organized, reserved or registered as a foreign corporation under the laws of Delaware. Use of words "Bank," "Banc," "Banque," and "Trust" need approval from the Department of Banking.
Director information. The following are Delaware’s requirements for directors of corporations.
- Minimum number. Corporations must have one or more directors.
- Residence requirements. Delaware does not have a provision specifying where directors must reside.
- Age requirements. Delaware does not have age requirements.
- Inclusion in the Certificate of Incorporation. Director names and addresses are not required to be listed in the Certificate of Incorporation.
Officers. Officer names and addresses are not required to be listed in the Certificate of Incorporation.
Stock. Authorized shares and par value must be listed in the Certificate of Incorporation. An increase in the number of shares or par value can affect initial filing fees.
Registered agent. Corporations must list the name and address of a registered agent with a physical address (no P.O. Boxes) in Delaware. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.
Professional services businesses. Professional corporations (PCs) are allowed to be formed in Delaware for professional services businesses.