How start a Delaware Corporation

How start a Delaware Corporation

How start a Delaware Corporation

Two-thirds of all Fortune 500 companies are registered in Delaware. Forming a corporation in the Delaware is accomplished via the Delaware Division of Corporations. There are three common entities to choose from: corporation, limited partnership and limited liability company (LLC).

For a real estate business, you would need to file a certificate of limited partnership. If your business may need to raise capital in the future, then you must file articles of incorporation. For multiple owners, an LLC can be very attractive since the equity interest can be customized to accommodate each owner. To form an LLC you would need to file a certificate of formation.

Download from the website of the Delaware Division of Corporations the appropriate registration forms for the type of corporation you are opening.

Locate a registered agent who has a physical address in the state. Delaware law requires every business entity to have such an agent, who is responsible for filing your annual reports and paying the annual fees to maintain your entity's status.

Delaware law requires that every business entity have and maintain a Registered Agent in the State of Delaware who may be either an individual resident or business entity that is authorized to do business in the State of Delaware. The registered agent must have a physical street address in Delaware. You may view a list of Delaware Registered Agents on our web site. If the business is physically located in Delaware, then the business may act as its own registered agent. 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.

Register your business's name. It is not a requirement, but it is suggested you do so if you have an attractive name that you don't want anyone else to use. You can reserve the name for a period of 120 days before finally registering it with the Delaware Division of Corporations.

Submit your application to the Delaware Division of Corporations.

Use your Delaware corporation to raise capital or merge with a public shell company. There are many ways to structure a corporation, LLC or partnership. You may want to consult with an attorney ora corporate paralegal specialist to properly set up a Delaware corporation.

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