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Incorporating in Delaware

For complete and current information concerning Delaware corporations you should go to the state’s official web site. The following is not an attempt to present all you need to know when forming a corporation in Delaware  but rather to call your attention to just some of the basic information and requirements you may want to know as you submit information to form your corporation.

The information herein is cited from the the state’s official web site, and while we make every effort to ensure its accuracy, MaxFilings cannot and does not guarantee that all of the information is accurate or complete and/or current and should therefore be independently verified.

Delaware’s answer to “Why Choose Delaware as Your Corporate Home?”

More than 800,000 business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 60% of the Fortune 500.  Businesses choose Delaware because we provide a complete package of incorporation services including modern and flexible corporate laws, our highly-respected Court of Chancery, a business-friendly State Government, and the customer service oriented Staff  of the Delaware Division of Corporations.

Delaware corporation name:

A Delaware corporation’s name should contain "association”, "company”, "corporation”, "club”, "foundation”, "fund”, "incorporated”, "institute”, "society”, "union”, "syndicate”, or "limited”, or an abbreviation thereof, and it must be distinguishable upon the records in the office of the Division of Corporations in the Department of State from names of other corporations, partnerships, limited partnerships, and limited liability companies on such records and any names that are reserved on such records.

Delaware corporation board of directors:

The board of directors of a Delaware corporation can consist of one or more members the number being fixed by, or in a manner set forth by, the bylaws, unless said number is prescribed in the certificate of incorporation. A Delaware corporation board member must be a natural person and the bylaws or certificate of incorporation may establish other qualifications for directors.

Delaware corporation officers:

Delaware corporations are to have such officers with such titles and duties as are set forth in the bylaws or by the board of directors in accordance with the bylaws. The same person may simultaneously hold more than one office providing the bylaws or certificate of incorporation do not otherwise provide. One officer shall be responsible for preparing minutes of the shareholders’ and directors' meetings.

Delaware corporation shareholders’ and directors’ meetings:

An annual shareholders’ meeting, as provided for in the bylaws, shall be held for the purpose of electing directors unless directors are elected by written consent in lieu of an annual shareholders’ meeting. Special Shareholders’ meetings can be called by the board of directors or as may be set forth in the bylaws or certificate of incorporation.

Shareholders’ meetings can be held in or out of Delaware and meetings held by way of remote communication are permissible.

Delaware taxes:

See the Delaware Division of Revenue web site

Delaware Registered Agent:

Delaware corporations are required to have a registered agent in Delaware. By having MaxFilings provide you with a professional registered agent, you can be assured that all legal documents, tax documents, annual reports, and correspondence with the state and regulatory agencies will be handled promptly, professionally, and efficiently.

Start forming your corporation now:

If you’re ready to form a Delaware corporation, you can start entering your information now. You’re under no obligation, and there is no charge until you actually place your order.

Incorporate in Delaware