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How To Form A New Business Entity 
How To Form A New Business Entity
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  1. CHOOSE YOUR BUSINESS ENTITY TYPE 

    For a basic overview of entity choices and the business registration process in Delaware please see the Delaware Division of Revenue's Legal Business Structure Table.

  2. OBTAIN A REGISTERED AGENT 

    The registered agent must have a physical street address in Delaware. You may view a list of Delaware Registered Agents on state web site. If the registered agent is other than the entity itself, please contact the selected Registered Agent used in your entity formation and inform them of your intentions. If the business is physically located in Delaware, then the business may act as its own registered agent.

  3. NAME RESERVATION 

    The Delaware Division of Corporations allows for the reservation of an entity name. This is not a requirement in order to form your entity but will guarantee that your name is held for you for a period of 120 days. You can reserve your entity name online at our web site at https://delecorp.delaware.gov/tin/EntitySearch.jsp. The fee is $75.00. 

  4. CERTIFICATE OF INCORPORATION/FORMATION FORMS 

    Sample forms are available on web site http://corp.delaware.gov/newentit09.shtml. A cover sheet with your name or entity name, return address and phone number is required. You may download a PDF fillable cover sheet on web site http://corp.delaware.gov/cvrmemo.shtml. You may also contact our office at 302-739-3073 with any questions.

  5. SUBMITTING YOUR COMPLETED CERTIFICATE FOR FILING 

    You may either mail or fax your completed request. The fax number is 302-739-3812. The mailing address is Division of Corporations -John G. Townsend Building - 401 Federal Street - Suite 4 - Dover, DE 19901. All filing fees must be paid upon submission of your request. 

  6. CERTIFIED COPIES AND CERTIFICATE OF STATUS/GOOD STANDING 

    Some Financial Institutions will require a good standing certificate or a certified copy of your new entity filing. Please check with your Financial Institution to determine whether additional information is required to establish a business account with them.

    You may order a Certificate of Status or Certificate of Good Standing at the time of filing your new entity by indicating this request in the comment section of the Document Filing Sheet.

    The fee is $50.00 per certificate for a Short Form Certificate of Status (states name and status of entity) or $175.00 for a Long Form Certificate of Status - states status and all documents ever filed on entity.

  7. ANNUAL TAXES 

    Corporate Annual Report and Franchise Tax Payments

    All corporations incorporated in the State of Delaware are required to file an Annual Report and to pay a franchise tax.  Exempt domestic corporations do not pay a tax but must file an Annual Report.  The Annual Report filing fee for all other domestic corporations is $50.00 plus taxes due upon filing of the Annual Report.  Taxes and Annual Reports are to be received no later than March 1st of each year.  The minimum tax is $175.00 with a maximum tax of $180,000.00.  Taxpayers owing $5,000.00 or more pay extimated taxes in quarterly installments with 40% due June 1, 20% due by September 1, 20% due by December 1, and the remainder due March 1. The penalty for not filing a completed Annual Report on or before March 1st is $125. Interest at 1.5% per month is applied to any unpaid tax balance.

    Notification of Annual Report and Franchise Taxes due are sent to all Delaware Registered Agents in December of each year. Delaware has mandated electronic filing of domestic corporations Annual Reports.

    LP/LLC/GP

    Although Limited Partnerships, Limited Liability Companies and General Partnerships formed in the State of Delaware do not file an annual report, they are required to pay an annual tax of $300.00. Taxes for these entities are to be received no later than June 1st of each year.

Source:
Delaware State



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