Incorporating in Delaware

If you are considering incorporating a company and would like to know how to incorporate in Delaware, check out our 3-step process and Q&A. If you have any questions, give our incorporation experts a call at 800-345-2677, or send us a chat or email.

Why Do Companies Incorporate in Delaware?

Creating a company is often appealing for the entity's limited liability and being able to easily raise capital, but incorporating in Delaware offers even more benefits. Business owners from around the world choose to incorporate in Delaware for our business-friendly laws and the Delaware Court of Chancery. This specialized court focuses on business disputes. Delaware has a well-established body of corporate laws that is considered favorable to business owners. There is also an added level of privacy as no information is available for public record when incorporating in Delaware. So a corporation can keep the identities and addresses of their officers and directors not on the public record until an annual report is due.

What Should I Do Before I Incorporate My Business?

Step 1 Choose the type of Delaware business entity best suited to your needs: general corporation, close corporation, non-stock corporation, benefit corporation, LLC, series LLC or limited partnership. Compare Delaware business entities here.

If you choose a general or close corporation, you'll need to select the number of shares you want to authorize. Learn more about those choices by viewing our section on understanding your company's stock.

Step 2 Select the business formation package that meets your requirements: Green, Basic or Standard. Packages start at just $229, with Expedited Service available for an extra charge. Our pre-priced packages include all state filing fees, Registered Agent Fees and shipping costs. Unlike some other corporate filings companies, there are no hidden fees.

Step 3 Select the name for your new company and the suffix that describes the type of business entity. Commonly accepted suffixes for corporations are: Incorporated (or Inc.); Corporation (or Corp.); Company (or Co.) and Limited (or Ltd.). For LLCs, the only endings permitted are LLC, L.L.C. or Limited Liability Company.

Keep in mind your company name cannot contain the words "bank," "insurance," "trust," "university" or "college."

We can check the availability of a company name in Delaware for free at your request.

Where Should I Incorporate My Business?

You do not have to form your business in the state in which your business is physically located, nor do you have to form your business in the state in which you conduct most or all your business. Delaware has proven to be the best state in which to form a business, regardless of whether your business is large or small, domestic or international.

Additional information:

Do I Need a Delaware Address to Incorporate in Delaware?

You do not need to visit or live in the state of Delaware to incorporate a business in Delaware. However, you do need to hire a Delaware Registered Agent, as this location will serve as the official address for receiving legal and official documents on behalf of the company. Using a registered agent service allows you to comply with the requirement of having a Delaware address to incorporate a business in Delaware, without having to maintain a physical office in the state.

Do I Need to Pay Taxes in My Home State if I Incorporate in Delaware?

Incorporating in Delaware does not automatically exempt you from paying any local and state compliance matters in your home state. Delaware is considered a "tax-friendly" state, but taxes will still need to be paid in your home state, where the money is made. While Delaware doesn't tax companies that are incorporated in the state but don't do business there, your home state may still tax your company's income. Tax laws vary significantly by state. Consulting with a tax professional or legal advisor can help you understand your specific obligations.

When Should I Incorporate My Business?

Once you’ve decided that incorporating in Delaware is the best course of action for your business and you have the funds available, you should incorporate your business right now. Incorporating early often will allow you to reap the tax benefits and limited liability protection. You’ll also be able to protect your personal assets before hiring employees, adding other partners, or taking out a loan. Since a sole proprietorship comes with more liability, consider incorporating before your company takes on any risk.

What is the Cost to Incorporate a Business?

At Harvard Business Services, Inc., you can choose from a number of Delaware incorporation packages that cost as little as $229. After incorporating a business, you’ll need to maintain a registered agent for the life of your company. All of our incorporation packages come with a full year of our registered agent services. Our annual $50 Delaware Registered Agent fee is guaranteed never to increase.

Who Should I Contact to Apply for a Federal Tax ID Number?

We can obtain an Employer Identification Number (EIN) for you at a nominal cost. The EIN can be ordered at the same time as the new formation package. To get started, simply click the button below.

How Do I Become an S-corporation?

When you incorporate your business, you can choose to benefit from pass-through taxation by electing S-corporation tax status, as opposed to the default C-corporation tax status. Learn more about S-corporations here.

Where Should I Open My Bank Account?

If you form your company in Delaware, one of the many advantages is that there is no requirement to maintain a company bank account in the state of Delaware. Many of our clients open bank accounts in locations (the state or country) where it is most convenient to conduct their banking transactions. Remember, non-residents of the U.S. can form a Delaware company.

Can I Convert My Existing Business to a Delaware Corporation?

Yes. This process involves several steps and may vary depending on the type of business entity you currently have. After confirming your own state laws, you’ll need to gain approval from the shareholders. Your Delaware Registered Agent can assist to prepare and file a Certificate of Conversion with the Delaware Division of Corporations. This document will formally recognize the change from your existing entity to a Delaware business. You can learn more about converting an LLC or corporation to a Delaware company on our website.

How to Incorporate in Delaware with Harvard Business Services, Inc.

In this video, Rick Bell, our founder and CEO, explains how inexpensive and efficient our services are, and what makes Delaware such a unique attraction for incorporating your business.

How Do I Get Help Incorporating?

With Harvard Business Services, Inc., help is never more than a few keyboard clicks or a phone call away. Get live help in real time on our website or speak directly to one of our incorporation specialists by calling 1-800-345-2677. You can also email us with questions about forming a business.

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