Delaware Corporation Form and Filing Rules

When you’re forming a Delaware S Corporation or C Corporation, you will need to file certain forms and pay certain fees. Requirements can come from various bodies including the federal government, the DE Division of Corporations and elsewhere.

Below is a rundown of what you’ll need to do, together with information on the requirements for your Delaware corporation. Some of these forms you only need to submit once, while others must be filed on a regular basis.

We provide a paid service to take care of certain filings and forms for your Delaware corporation. Alternatively, you can choose to file these requirements yourself — make sure that you set calendar reminders.

File Your Delaware Certificate of Incorporation

The Certificate of Incorporation document is the formal paperwork that you file with the Delaware Division of Corporations to create your corporation.

一旦将公司证书文件提交给公司,您的业务将作为特拉华州公司合法成立。

The Certificate of Incorporation typically includes:

  • The Delaware corporation’s name
  • The Delaware corporation’s mailing address and street address
  • The Delaware corporation's Registered Agent and their address
  • The Delaware corporation’s capital structure (number of shares to be issued, who owns them, pricing, etc.)
  • 公司的名称和地址

When you start your business with us, we gather together all the information we need to create your Certificate of Incorporation. We then file that with the Delaware Division of Corporations on your behalf.

Get the Right Permits and Licenses for Your Delaware S Corp or C Corp

Depending on the type of Delaware corporation you’re running, you will need to obtain various business licenses and permits. These are not required to form your DE corporation, but you must have them to legally carry out business. It’s vital to understand the permits and licenses required for your business to operate in compliance in your jurisdiction.

A Local Business Permit or License From Your City

Various cities in Delaware have slightly different rules and fees for permits and licenses for corporations. Check with your local Delaware city administration to see what their rules are. You will need a separate permit or license for each city your Delaware corporation operates in.

County and State Licenses and Permits for Your Corporation

Depending on the type of business you are running, you may need to get additional permits and licenses from the county or state of Delaware. You can get an idea of the types of permits and licenses your S Corporation or C Corporation might need from the State of Delaware website.

Federal Licenses and Permits

一些公司需要得到许可和体育rmits from the federal government and various national agencies. You can find a complete list on the U.S. Small Business Administration website.

Learn What Permits and Licenses Your Delaware Corporation Needs With Incfile

The types of permits and licenses you need depend on where you’re located, what your Delaware corporation does and several other factors. Because things can vary so much, we provide a complete research package that tells you the licenses and permits you’ll need.

我们的服务提供:

  • A comprehensive package of all the licenses, permits and tax registrations required for your business
  • 申请表与适当的许可机构提交

Your customized Business License Research Package will be emailed to you within two days of your Delaware Corporation being formed by the Delaware Secretary of State.

您的特拉华州公司或C Corp的其他特殊要求

因为您正在成立公司,所以您需要遇到某些其他法律,法规和合规领域。

Create Bylaws for Your Delaware Corporation

Bylaws are the formal, internal rules that your Delaware corporation must follow to stay active. You will need to create and agree to bylaws in certain areas.

  • 定义您的特拉华州注册办公室和DE注册代理bob棋牌首页
  • 说明年度股东大会(AGM)的详细信息,包括日期,地点,时间和其他相关信息
  • 年度股东大会的其他详细信息,包括业务顺序,通知,投票记录,法定人数,代理,股东行动等等
  • 说明何时可以举行特别股东会议以及可能导致会议的情况
  • Details of stock certificates, ownership, issuing and transfer
  • Details of the Board of Directors including how they are elected and appointed, their number, the powers they have, how they can be removed, regular meetings and agendas, executive committees, remuneration and other areas
  • 公司中各种官员的详细信息,包括如何选择和任命
  • Designations of officers in the Delaware corporation including president, vice presidents, secretary, assistant secretaries and treasurer
  • Rules around dividends, declarations and reserves
  • Any other formalities the corporation believes need to be documented

Issue Stock to Corporation Shareholders

Ownership in a Delaware corporation is expressed through the issuance of shares. You must create stock certificates and formally issue stock to any agreed initial shareholders in the corporation.

必须任命董事会

你必须任命董事林所有职位e with the agreed Delaware corporation bylaws. The Board of Directors is responsible for the strategic direction and overall management of the corporation. The board selects officers who will manage the day-to-day activities of the corporation.

将官员分配给公司

Officers are the individuals who manage the Delaware corporation on a day-to-day basis. At minimum a DE corporation should have a president, secretary and treasurer. Theoretically, one person could hold more than one position.

获取公司记录书

您的特拉华州公司将需要一本书来记录有关业务的重要信息。本书将包括您的公司章程,公司章程,会议记录,股东大会,董事,高级官员,股票证书信息,转让文件等等详细信息。

Recruit Employees

您可能需要为您的特拉华州公司雇用员工。你会需要:

  • An Employer Identification Number (EIN)
  • Worker’s Compensation Insurance
  • General Liability Insurance

Your Delaware Corporation Must Hold an Annual General Meeting

您必须举行年度会议,邀请DE Corporation的所有董事,官员和股东参加。AGM的目的通常是:

  • Discuss important information
  • Make strategic decisions
  • 了解机会,风险和问题
  • Vote on important resolutions and other matters

Delaware Corporation Tax Registration

成立公司时,您需要注册某些税款。这些包括:

  • Federal income tax
  • Corporation tax (only for C Corporations)
  • Delaware state tax
  • Sales and Use Tax (there is no sales tax imposed by the Delaware for goods and services sold in the state)
  • Employment taxes

您可以在特拉华州收入和IRS网站上找到详细信息。

Your Delaware Corporation Will Need to File an Annual Franchise Tax Report

在特拉华州,S公司和C公司必须向公司部提交年度特许经营税报告。未能提交报告可能会导致滞纳金或您的DE Corporation被解散。

Learn about your ongoing Delaware corporation filing requirementsand business filing deadlines with our helpful Delaware ongoing filing lookup tool.

您的特拉华州公司的良好信誉证书

You may need a Certificate of Good Standing for your Delaware corporation to carry out some business-related services like opening a bank account.

Ready to Start Your Delaware Corporation?

Incfile provides a cost-effective service to help you create your Delaware corporation. We guide you through the process and handle most of the administrative steps, such as filing the necessary forms on your behalf.

Our basic package also provides a free Registered Agent service for the first year. If you're looking for help starting an S Corporation or C Corporation, our comprehensive services provide outstanding value.

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您的业​​务与Incfile

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Fees and Requirements in Delaware

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State fee

国家提交时间

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Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

Compare State Filing Times Compare State Filing Prices

合规要求

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Other State Requirements

Learn more about starting a business in Delaware

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