Startup Delaware Franchise Tax - Answers to Most Asked Questions
1. Why do so many companies incorporate in Delaware?
Businesses choose Delaware not for one single reason, but because DE provides a complete package of incorporations services. The Delaware General Corporation Law is the most advanced and flexible business formation statute in the nation. The Delaware Court of Chancery is a unique 215 year old business court that has written most of the modern U.S. corporation case law. Delaware’s State Government is business-friendly and accessible. Our Division of Corporation is a model state-of-the-art efficiency and our staff provides prompt, friendly and professional service to clients, attorneys, registered agents and others. These factors have all contributed to making Delaware a premier legal home to companies around the world.
2. Do I have to live in Delaware to have a Delaware corporation?
No. Delaware law requires every corporation to have and maintain a Registered Agent in the State who may be either an individual resident, a domestic corporation, or a foreign corporation authorized to transact business in Delaware whose business office is identical with the corporation’s registered office.
3. Must I use an Attorney to incorporate?
No, but you should contact an attorney concerning legal matters. The Delaware Division of Corporations acts solely in an administrative capacity and does not provide legal advice.
4. If I am incorporated in another state or jurisdiction, do I need to a qualify to do business in the State of Delaware?
Yes, Delaware law requires every corporation that is doing business in this state but is formed in another state or jurisdiction to submit a completed “Foreign Qualification” form with the Division of Corporations along with a Certificate of Existence issued by that state or jurisdiction.
5. How quickly can I incorporate or receive back my request?
The Division of Corporations offers a variety of services including “1-Hour”, “2-Hour”, “Same Day” and “Next Day” Expedited Services which are designed to meet your business needs.
6. How do I register my DBA or Doing Business As... name in Delaware?
DBA’s or Doing Business As.. names are registered in the Prothonotary’s office in the county in which you are doing business. You may download the required form from the Delaware Courts website at https://courts.delaware.gov/forms/.
New Castle County – (302) 255-0800
Kent County – (302) 739-3184
Sussex County – (302) 855-7055
7. How do I amend my corporate documents?
The most common way is to file a Certificate of Amendment. You may call (302) 739-3073 if you have questions on properly completing your filing.
8. How do I submit a filing or a request for certificates or copies?
Information on how to submit a filing or request can be found here. You may call (302) 739-3073 if you need further assistance.
9. How do I change my Registered Office and / or Registered Agent?
You may file a Certificate of Change of Registered Agent. or if you wish, you may file a Certificate of Amendment.
10. How do I reserve an entity name?
We now offer name reservations through the internet. You can reserve a Corporate, Limited Liability Company, Limited Partnership, Registered Series, Statutory Trust, General Partnership & Limited Liability Partnership name for a fee of $75.00 per name. Please check name availability and reserve a name. The name you choose must be distinguishable from corporations or other entities reserved or registered under the laws of Delaware. The Delaware Corporation Law Annotated requires that all Corporate, Limited Liability Company, Limited Partnership, Registered Series, Statutory Trust, General Partnership & Limited Liability Partnership names be submitted in application form accompanied with the appropriate fee of $75 per name. You may also file your Corporate, Limited Liability Company, Limited Partnership, Registered Series, Statutory Trust, General Partnership & Limited Liability Partnership name application on the web for the appropriate fee of $75 per name. You may use ACH debit from your checking or savings account or charge a Visa, MasterCard, Discover or American Express card. Reserve your Corporate, Limited Liability Company, Limited Partnership, Registered Series, Statutory Trust, General Partnership & Limited Liability Partnership name on the web.
11. How long will it take to process my Filing/Document request?
If a document is received by this office in proper form and all required fees are paid when received, the document will be filed with the date and time it was received in this office as soon as we are able to process the regular, non-expedited work for that date. Regular (non-expedited) work takes on average between 10 and 15 business days to process. However, due to the large amounts of work received in March, June and December, your request/document will take longer to process at these times of the year. During these peak periods, the processing time can be 3 – 4 weeks as long as there are no issues with the request which could cause further processing time delays. Any document can receive expedited service at any time of the year. Please see our fee chart located on our web site.
12. Does Delaware have Corporate Information available on-line?
The Division of Corporations has many venues for accessing corporate information. Please note that this is not a good standing certificate, certified by the Secretary of State. You may choose from the following options:
Corporate Status – On the Web – We now offer corporate/entity status on the web. You may check status on the web for a fee of $10.00 per entity for status or $20.00 per entity for more detailed information including current franchise tax assessment, current filing history and more. You may charge a Visa, MasterCard, American Express, or Discover card. Corporate status on the web. Please note: All transactions submitted on this site are non-refundable.
In Person – No Charge – You may visit our public terminals at our office located at 401 Federal Street in Dover, Delaware for no charge.
From Delaware website
