A Delaware Corporation Form

What is a Delaware Corporation

A Delaware Corporation is a business entity formed under the laws of the state of Delaware. Known for its flexible corporate laws and business-friendly environment, Delaware is a popular choice for many companies, including startups and large corporations. The state offers advantages such as a well-established legal framework, a specialized court system for business disputes, and the ability to maintain privacy for company owners. This makes it an attractive option for entrepreneurs seeking to incorporate their businesses.

Key Elements of a Delaware Corporation

When forming a Delaware Corporation, several key elements must be considered:

• Articles of Incorporation: This document outlines the corporation's purpose, the number of shares authorized, and the registered agent's information.
• Bylaws: These are internal rules governing the corporation's operations, including the roles of directors and officers.
• Registered Agent: A Delaware Corporation must designate a registered agent to receive legal documents on behalf of the company.
• Annual Franchise Tax: Delaware corporations are required to pay an annual franchise tax, which varies based on the number of shares and the corporation's revenue.

How to Obtain a Delaware Corporation

To obtain a Delaware Corporation, follow these steps:

• Choose a Name: Select a unique name for your corporation that complies with Delaware naming rules.
• Prepare the Articles of Incorporation: Draft and file this document with the Delaware Secretary of State.
• Appoint a Registered Agent: Designate a registered agent with a physical address in Delaware.
• Obtain an Employer Identification Number (EIN): Apply for an EIN from the IRS for tax purposes.

Steps to Complete the Delaware Corporation Formation

Completing the formation of a Delaware Corporation involves several systematic steps:

• Research Requirements: Understand the legal requirements for forming a corporation in Delaware.
• File Articles of Incorporation: Submit the Articles of Incorporation to the Secretary of State, along with the required filing fee.
• Create Bylaws: Draft bylaws that govern the management of the corporation.
• Hold Initial Meeting: Conduct an initial meeting of the board of directors to adopt bylaws and appoint officers.

Legal Use of a Delaware Corporation

A Delaware Corporation can be used for various legal and business purposes, including:

• Limited Liability Protection: The corporation provides personal liability protection to its shareholders.
• Raising Capital: Corporations can issue shares to raise funds from investors.
• Perpetual Existence: Unlike sole proprietorships, corporations can continue to exist independently of their owners.

Filing Deadlines and Important Dates

Staying aware of filing deadlines is crucial for maintaining good standing as a Delaware Corporation:

• Annual Franchise Tax: Due on March first each year.
• Annual Report: Must be filed by March first along with the franchise tax payment.

Required Documents for a Delaware Corporation

When forming a Delaware Corporation, the following documents are typically required:

• Articles of Incorporation: This foundational document is necessary for registration.
• Bylaws: Although not submitted to the state, bylaws are essential for internal governance.
• Consent to Serve as Registered Agent: A signed document from the registered agent confirming their role.