How to Register a Corporation in Delaware

A corporation limits personal liability by establishing a separate legal entity.

Incorporating a business limits the owner's liability by forming a separate legal entity. In order to incorporate a business in Delaware, the company must register with the Delaware Division of Corporations. You may file your registration for incorporation by mail or fax. All forms are available for download on the Delaware Division of Corporations website. You may also use the website to request the forms by mail.

Things You'll Need

• Certificate of formation
• Name reservation form
• Filing cover memo

Instructions

1. Pick a registered agent. The registered agent must have a physical street address located in Delaware. Your business can act as its own registered agent if it is physically located in Delaware. Businesses located in other states should use an agent registered with the state of Delaware. A list of Delaware registered agents is available on the website.

2. Search the website database for your corporation's name. In order to register a corporation, the corporation name must be distinguishable from corporations previously registered in the state. If your name is not already registered, you can reserve it for a period of 120 days. The fee for this is $75. You can reserve your name online, by mail or by fax by submitting the name reservation form.

3. Complete the Certificate of Incorporation form. Information requested on the certificate includes the name and address of each incorporator, share information, the registered agent and the entity name. A fee of $89 is assessed for the first page. Each additional page incurs an additional $9 fee.

4. Draft a cover sheet for your application. Include your name or the entity name, your return address and a contact phone number. You can also use the filing cover memo available on the website. This form provides a space to enter credit card information.

5. Mail your certificate of incorporation, coversheet and filing fee to:
   Division of Corporations
   John G. Townsend Building
   401 Federal St., Suite 4
   Dover, DE 19901

   Make checks or money orders payable to the Delaware Secretary of State.

6. Fax the certificate, coversheet and filing fee to 302-739-3812. You can pay by Visa, MasterCard or Discover.

Tips & Warnings

• A file-stamped copy of your registration will be mailed to you free of charge. A certificate of good standing or certified copy of your registration is available for an additional fee. The short form is $50. The long form is $175.

References

• Delaware Division of Corporations: How to Form a New Business Entity

Resources

• Delaware Division of Corporations: Application for Reservation of a Corporate Name
• Delaware Division of Corporations: Certificate of Incorporation
• Delaware Division of Corporations: General Information Name Search
• Delaware Division of Corporations: List of Delaware Registered Agents
• Delaware Division of Corporations: Filing Cover Memo