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Forming an Delaware Corporation is relatively easy. The information on this page is intended to give you resources in order to better understand how the incorporation process works in Delaware, and to help guide you to other resources provide by the State of Delaware.
Before getting started with the formation process, you must check with the Delaware Department of State Division of Corporations to ensure that your corporate name is available. Luckily, Delaware provide a helpful webpage found here. After you have determined that there is no other corporation registered with your desired name, you may reserve that name via the website. Alternatively you may submit a name reservation form found here. It is worth noting that although a name reservation is not required it is highly recommended in order to ensure that your name stays available.
Next, you must obtain a Registered Agent. Delaware law requires that every business entity have a Registered Agent located with a physical street address inside the State of Delaware. If the business is located in the State of Delaware then it may act as the Registered Agent. However if the business is not located inside the State of Delaware you may refer to this list of Registered Agents that may be used.
Next you must submit the formation forms required. The certificate for incorporation can be downloaded from here. Although the standard "Stock Certificate of Incorporation" will be used my most small companies, if you desire to release your Directors from liability you may chose to use the "Stock Certificate of Incorporation - Director Liability" form. Please note that when submitting your articles you must submit a cover memo, found at http://corp.delaware.gov/cvrmemo.shtml.
You must submit the Certificate of Incorporation by fax or mail. 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.
Once you have filed your Certificate of Incorporation with the State of Delware, and paid the appropriate fee, you will receive approved documents for your corporation. The next step is to create bylaws, which is the document that governs how your Delaware corporation will be governed. As a helpful resource, FileOnline.biz has created form bylaws for a Delware corporation. Note that the Word document has a macro, which you are free to disable. The macro, if enabled, allows you to put your name, corporate name and address into form fields and have the Word document automatically insert the information into the bylaws for you. (Note: the RTF and PDF do not include the macro)
Sample Form Bylaws (HTML, DOC, RTF, PDF)
In addition to the information you find here regarding an incorporation in Delaware, you can also find more helpful information from the links below:
Business Registration Flowchart
Delaware One Stop Business Registration and Licensing