Incorporating in Delaware is relatively easy. This article will provide you with resources to understand how the incorporation process works in Delaware as well as the legal forms from the Delaware Secretary of State that you will need to incorporate in Delaware.

Your first step to incorporating in Delaware is to obtain a registered agent. Delaware law requires that every business has and maintains a registered agent in the state of Delaware who must be either an individual resident or a business entity that is authorized to do business in Delaware. The registered agent must have a physical address in Delaware. There is a list of Delaware Registered Agents available here. If the business is going to be physically located in Delaware, then it may act as its own registered agent.

While it is not required, it is advised to check the availability of a company name before filing any paperwork. There are two ways to approach reserving your name. You can either reserve your name online or by mailing in an application. To reserve your name online, you can do so at the Secretary of State Name Availability Search page. The fee is $75.00, and the name is held for a period of 120 days. If you choose to submit the forms, you can print the Application for Reservation of a Corporate name and mail it to: Delaware Division of Corporation, 401 Federal Street, Suite 4, Dover, DE 19901, along with the application fee of $75.00.

Next, you will fill out a Certificate of Incorporation. Sample forms are available here. A cover form is required for your forms, an example of which can be found at this website.  It must include your name or entity name, return address, and phone number. Instructions are included on the example. Once the forms have been completed, you may either mail or fax the request. The mailing address is: Division of Corporation - John G Townsend Building, 401 Federal Street, Suite 4, Dover, DE 19901. The filing fee is $89.00 for one page and an extra $9.00 for each additional page. All fees must be paid upon submission of the request.

All corporations incorporated in Delaware must file an Annual Report and pay a franchise tax. The Annual Report filing fee is $50.00, plus taxes due upon the filing. The reports must be received no later than March 1st of every year. Reminders for the annual reports are sent out in December of each year. Annual reports can be filed electronically on the Delaware Division of Corporations website. 

There are many companies that offer the service of filing these articles on your behalf, such as FileOnline or LegalZoom.