How to Form a Delaware Corporation

The process of forming a corporation in Delaware does not have to be daunting. When it comes to selecting a Delaware corporation type or receiving your approved Certificate of Incorporation, Harvard Business Services, Inc. can explain how to form a Delaware corporation without error. Keep in mind that anyone anywhere in the world can form a Delaware corporation and operate lawful business activites all over the world.

When you're ready to form a Delaware corporation visit our user-friendly corporation order page. Here is a brief overview of how to form a company in Delaware.

1. Form a Delaware Corporation That's Right for You

There are several options to choose from when forming a Delaware corporation. Typically, the general corporation is the most popular, but the close and non-profit corporations offer many benefits as well. If you are not sure which type of corporation is right for you, you can compare details about each type on our general, close and non-profit corporation pages.

2. Choose a Company Name

One of the most important decisions when forming a Delaware corporation is choosing a company name. If your company already has a name, you can usually incorporate using that name -- provided it isn't already taken and that it meets Delaware’s corporation naming guidelines. If you're not sure what to name your company and need guidance, see what Delaware requires in a corporation name, as well as what’s prohibited and wise. Once you've decided on a name and you wish to see if it is available, Harvard Business Services, Inc. offers a free business name search service to assist you. If you want to learn more, be sure to read more about how to do a Delaware business name search before you start a corporation in Delaware.

3. Choose a Registered Agent

A Registered Agent is the liaison between your company and the state, and is a Delaware corporation requirement. Registered Agents are responsible for receiving important legal and tax documents on behalf of the corporation. They must be located in the state where the company is incorporated, and their information is listed on the public record via the Certificate of Incorporation. Harvard Business Services, Inc. is the premier Delaware Registered Agent, and our Registered Agent Fee is just $50 per year, guaranteed for the life of your company, as long as your company remains in good standing with the state of Delaware. (See how our low fee compares to that of our competition.)

4. Select Your Delaware Corporation's Director(s)

To release the corporation as your incorporator (i.e., one who prepares, executes and files your Certificate of Incorporation), Harvard Business Services, Inc. requires that you provide at least one Director's name when incorporating a company. Please note: This information will not appear on the Certificate of Incorporation for the public record and does not limit your ability to name other people to your Board of Directors.

5. Determine Your Stock Information

When filing a general and close corporation, the amount of stock for your company, as well as the par value of its shares needs to be authorized whether or not you plan to issue stock. Delaware Franchise Taxes are based on the number of shares; therefore, whenever possible, corporation owners prefer to keep the number of shares low. When you form a Delaware corporation, oftentimes you should plan to authorize only what you'll need, or think you may need. Corporations with 5,000 or less authorized shares pay the minimum Delaware Franchise Tax each year. Those that exceed 5,000 shares are able to recalculate the corporation's Franchise Tax using two methods, the Assumed Par Value Capital Method and the Authorizing Shares Method. Please see our company stock FAQs for more details on authorizing stock and setting its par value.

6. Obtain a Federal Tax ID Number (EIN)

A Federal Tax ID Number, or EIN, must be obtained by a business entity before that business can open a U.S. bank account, hire U.S. employees or pay U.S. taxes. It is essentially the social security number for your company. Our easy-to-use corporation order form allows you to fill out the necessary details so you can file your company and apply for your EIN at the same time. Thus, Harvard Business Services, Inc. will deal with the IRS on your behalf.

7. Form Your Delaware Corporation

Now that you know how to form a Delaware corporation, visit our corporation order page or click the button below to get started. If you have questions about how to set up a Delaware corporation, our expert staff is available to help via phone at 800-345-2677, email or live chat.

Once you've set up your Delaware corporation, learn more about receiving your company’s Certificate of Incorporation and what to do after forming your company.