Free Consultation|USA Only +1 (866)754 4460|Outside USA +1 (516)822 3100 or +1 (631) 623 5100 - Website Logo
  You are here : Home  >   Secretary of State   >    
Existing customers please login to check the status of your order at Infotax Square
You can fill out our secure online form right now in less than 15 minutes.
Place order by phone, contact our customer services department 24/7 Online.
Delaware Business Registration | Delaware Business Licenses
About Delaware Business Registration And Licenses:

Getting Started Business in the state of Delaware: Welcome to e-Filing program to file business documents with the Delaware Department of state for conducting business in the state of Delaware. We will share a brief overview below to register business in the state of Delaware, and what documents to be filed according to the entity type that has been chosen to start business in Delaware. It's advised to stay connected with our live operators, who are available 7 days and 24 hours for your help.

The state of Delaware is one of the most efficient and motivated states that has a very effective electronic portal to file documents online. And, the Delaware state is the most corporate friendly state to register a business. It provides strong shields to the business and the personal assets. It is ideal, flexible and advanced state for the large companies to register a business.

One of the most common questions to start a company in the state of Delaware, What are the parameters to choose a right business type? Corporation, limited liability company or if there is another alternative available which is a great fit for your business.

What you need to Veil under a business plan to start business in the state of Delaware?


  • Choose a right business type to lower the taxes, veil personal assets and ability to raise capital if needed.
  • Are you buying an existing business in Delaware?
  • How would you get a business license in Delaware for your newly formed company?
  • How much is the registration fee to open company in the state of Delaware?
  • What is an estimated time to register a business and obtain licenses in the state of Delaware?
  • Rules and regulations of tax filings in Delaware.


How does a Delaware Entity Type control a business?

It is a general concept of an individual that an entity type controls the taxation rather protecting personal and the business assets. But, in reality deduction, credits and a good planning lower the tax instead of an entity type, that we will describe how each entity type results the taxes and the protection below:

  • Delaware Sole Proprietorship: is controlled by a single owner and a business owner is personally liable for all the business debts. All business income and losses are reported on the income tax return. Taxes are paid based on the net income. The owner of the business is not allowed to take payroll.
  • Delaware General Partnership: A partnership agreement is prepared and at least two partners are required to establish a partnership. The partnership is controlled by the partnership agreement between the parties. All business partners are liable for the partnership debts as per the partnership agreement. Each partner pays taxes based on the ownership and the taxes are paid as per the individual and corporate tax rates.
  • Delaware Limited Partnership: This requires two or more partners. It contains two classes, general partners and limited partners. General Partners can dissolve the partnership without a consent of the limited partners, whereas the limited partners do not have this option. General partners generally operate business, according to the specific partnership agreement.
  • Delaware C Corporation: A C-Corporation is controlled by minimum one stockholder and there is no limit (Unlimited). The business is managed by the board of directors and the owners of the business hold the company stocks. In the C Corporation, the owner's liability is limited to the capital contributed in the business unless acting as guarantor of the corporate debt. Taxes are paid twice under the C Type entity, first the corporation pays taxes, then the dividend transfers to the stockholders, who report the income on the income tax return.
  • Delaware Public Benefit Corporation: It is also controlled by the stockholders and there is no limitation of the stockholders. The same rules apply as applies to a C Corporation.
  • Subchapter S Corporation: S corporation is controlled by a stockholder, income and loss pass through to the stockholder same as a partnership that reports on the income tax return of each stockholder. Owners liability is limited to the capital invested in the business. Currently, maximum 100 stockholders are allowed in the S Corporation.
  • Delaware Limited Liability Company: It controls by the members and managers and one member or a manager is required. Income and loss are pass-through to the LLC owners and generally, the owner's liability applies same as in the C Corporation.
  • Delaware Limited Liability Partnership: Partners control a company, as it is defined in the partnership agreement and the owners are liable to the extent of the capital invested. Profit and loss pass-through to the partners, who report it on their income tax return end of the year. The taxes cannot be deferred, and it should be paid in the year it was earned.


Steps to Start A Business In Delaware:


  • Determine the legal structure of your business; such as registering a business name in Delaware under your personal name or incorporate business name as an LLC or a Corporation which enables you to isolate or protect the personal assets from business. It is very important to veil your personal assets with a right entity type and insurance.
  • Check Business Name Availability with the Secretary of State Delaware. State of Delaware does not file a duplicate business name, and rejects such application.
  • Fill out a right application according the entity type, that you have chosen to transact business in the state of Delaware, such as; a trade name, corporation or a limited liability company.
  • Delaware Secretary of State charges all filing fees before processing the order.
For Example; A corporation has the ability to issue shares to the investors for raising the capital. A corporation shares are issued to the accredited and non-accredited stockholders whereas, an LLC is a hybrid business entity and profit and loss transfer to the company owner/member much like a partnership or a sole proprietorship. An LLC is well suited to a single owner company, where an owner of a company simply reports, business income and loss on the Internal Revenue Form 1040. There are always pros and cons and the situation can be changed over time, and a conversion can be filed to change the structure of a company.

Unlike, a limited liability company of the state of Delaware cannot go to the public, like a C corporation of the state of Delaware . For that reason, the venture capital companies often prefer corporations instead a Limited Liability Company Delaware.


Should you hire an Attorney or a CPA to register a company?

It is not required, but if you need consultation pertaining to choosing a right entity type, we advise to consult an attorney for the legal questions and certified public accountants for the tax planning because the legal and tax laws are very complex in the USA.

Can A Local Resident of Delaware, register an out of state entity?


  • Why Not? A local resident of the state of Delaware is required to register business in the state of Delaware regardless business is online or physically operated in the state of Delaware. It is a wrong conception or interpretation of the Delaware laws that a company can be registered as per the wish.
  • Yes, as a branch office to do business in the other state as well. But, not for the tax benefits.


Delaware Entity Name Search:

Regardless, the entity name is unique and not found a match in different search engines such as Google, Yahoo and, the Delaware company name must be searched in the Delaware Secretary of State database.

After deciding the legal entity type and preliminary business name search with the Delaware Secretary of State, it is highly recommended to search business name with the USPTO website too, to avoid any future dispute, if a company has already trademarked name nationwide and challenge you to take-off or change the business name. Though the business name confirmation with the USPTO is not required, but it will help you in future, if you ever decided to trademark your business name nationwide.

Delaware Secretary of State Provide the following Provisions To Register Business:

Delaware LLC | Delaware partnership | Delaware Business Entity Name Search | Delaware Annual Report | Delaware Franchise Report | Delware Corporation | Delaware Good Standing Certificate | Venues To Check Corporate Status

Delaware Business Licenses And Taxation:

About the business licenses and permits in the State of Delaware, inquire and acquire by the Delaware department of revenue.

The sales and use tax is becoming a very complex issue across the United States due to the internet sales, So, it is advised to hire an experienced accountant to handle your sales tax returns correctly to avoid the complications.

Renewal And maintenance of the Delaware Company:

The state of Delaware requires every business entity to renew and maintain business name registration and licenses on time to legally transact business in the state of Delaware.

How to open a business account in Delaware?

Generally, most banks ask company owners or the responsible parties to come physically in the bank along with the proof of the company registration such as Article of incorporation, Article of Organization or a business certificate and the employer identification number.

A bank may also request to provide an operating agreement and minutes of meeting to open a bank account. The social security number is not required for a Non US Resident to open a business account. A Non US Resident gets an ITIN, which is an alternative of a social security number, but only after filing income tax return.

Grow with Alliances in Delaware:

Make local alliances in the state of Delaware, to grow businesses faster, which also creates job opportunities in the state of Delaware. A right alliance also gives, a business owner flexibility to take some time off from the business and share business responsibilities with other partners.

Why choose for the State of Delaware Business Registration? is a private agency and it is not associated with any government agency. We file documents with the different government agencies as a representative . operators are available online 24/7 for the customer support. We respond to all inquiries within 24-48 hours.


Choose One Of The Following Links To Proceed For A Business Name Registration or Business Licenses In The State of Delaware:




Copyright © 2010, Infotax Square All Rights Reserved. - Allows Payment Processing With Visa, MasterCard, American Express and Discover
Terms and conditions, features, support, pricing and service options subject to change without notice.