You're probably wondering how long it takes to incorporate in Delaware. Through standard processing, it typically takes around 6-8 weeks to form your corporation. However, expedited options are available for an additional fee, ranging from $50 to $1,000. Factors like filing type, workload, and complexity can affect processing speed. After filing, you'll receive an email with a link to access your filed documents online. But that's just the beginning – you'll still need to obtain necessary licenses and permits, and file annual franchise tax reports. Now that you have a sense of the timeline, you're probably curious about the process and requirements that come next.
Preparing to File Articles of Incorporation
Before filing your Articles of Incorporation, you'll need to gather essential information about your company, including its name, address, and structure. This information will be used to complete the required documents, so it's crucial to have it readily available. Start by deciding on a unique name for your corporation that complies with Delaware's naming requirements. You'll also need to provide a physical address in Delaware, which can be a commercial or residential address.
Next, you'll need to determine your corporation's structure, including the number of shares authorized, the par value of each share, and the types of shares issued (common, preferred, or both). Additionally, you'll need to identify your corporation's directors, officers, and shareholders. Ensure you have their names, addresses, and titles handy. Having this information organized will simplify the filing process and reduce the risk of errors or delays. By taking the time to gather this essential information, you'll be well-prepared to file your Articles of Incorporation and establish your Delaware corporation.
Filing With the Delaware Division
You're now ready to file with the Delaware Division, a crucial step in incorporating your business. To complete this process, you'll need to file your certificate, pay the required filing fee, and obtain a stamp from the Delaware Secretary of State. By taking these steps, you'll officially register your business with the state of Delaware.
File Your Certificate
Filing your Certificate of Incorporation with the Delaware Division of Corporations is a crucial step in forming your corporation, as it officially establishes your business entity in the state. You'll need to prepare and submit this document, which outlines essential information about your corporation, such as its name, address, and purpose. Make sure you've carefully reviewed and completed the certificate to avoid any errors or omissions that could delay the incorporation process.
When you're ready, you'll submit the certificate to the Delaware Division of Corporations, along with the required filing fee. You can do this online, by mail, or in person. If you're not comfortable preparing and filing the certificate yourself, you can work with an incorporation service or attorney to handle the process for you. Regardless of which method you choose, it's essential to ensure accuracy and completeness to avoid any delays or complications.
Pay the Filing Fee
With your Certificate of Incorporation prepared, you'll need to pay the required filing fee to the Delaware Division of Corporations. This fee is mandatory for incorporating your business in Delaware. The filing fee varies depending on the type of corporation you're forming, but for a standard corporation, it's typically around $89.
To ensure a smooth incorporation process, make sure to:
- Verify the filing fee amount on the Delaware Division of Corporations' website
- Prepare a check or money order payable to the "Delaware Secretary of State"
- Include the correct payment amount to avoid delays
- Keep a record of your payment for your business records
- Confirm that your payment is processed successfully before proceeding
Obtain a Stamp
Next, the Delaware Division of Corporations will review and stamp your Certificate of Incorporation, verifying that it meets all state requirements. This step is crucial in ensuring your corporation is legally formed. You'll need to submit your Certificate of Incorporation to the Delaware Division of Corporations, either online or by mail.
The review process typically takes a few days, but can take longer during peak periods. Once approved, the Division will stamp your Certificate, confirming that your corporation meets Delaware's requirements. You'll then receive a certified copy of your stamped Certificate, which serves as proof of your corporation's existence. This document is essential for opening a business bank account, obtaining licenses, and conducting business operations.
Remember to keep a copy of your stamped Certificate in a safe place, as you'll need it for future reference. With your Certificate in hand, you can now focus on obtaining any necessary business licenses and permits, and starting your business operations.
Expedited Filing Options Available
You can expedite the formation of your Delaware corporation or LLC by taking advantage of the state's expedited filing options. This can significantly reduce the time it takes to get your business up and running.
Delaware offers several expedited filing options to accommodate different timelines and budgets. Here are some of the options available:
- One-Hour Filing: Get your documents filed within an hour for an additional fee of $1,000.
- Two-Hour Filing: Expedite your filing for an additional fee of $500.
- Same-Day Filing: Get your documents filed on the same day for an additional fee of $200.
- 24-Hour Filing: Expedite your filing for an additional fee of $100.
- Priority Filing: Get your documents filed ahead of regular filings for an additional fee of $50.
These expedited filing options can provide you with the flexibility and speed you need to get your business started quickly and efficiently.
Standard Processing Timeframe
When you opt for the standard processing timeframe, you're choosing a more cost-effective route, but it'll take a bit longer to get your Delaware incorporation documents processed. Normally, this process takes around 6-8 weeks, giving you ample time to prepare for the next steps. You're likely wondering how this compares to expedited filing options, and what benefits you might miss out on by choosing standard processing.
Expedited Filing Options
Delaware's expedited filing options allow you to fast-track your incorporation process, ensuring your business gets up and running quickly. If you're eager to launch your venture, you can take advantage of the state's expedited services to speed up the incorporation process. This way, you can get your business up and running in no time.
Here are the expedited filing options available to you:
- 1-Hour Expedite: Get your documents processed within an hour for an additional $1,000.
- 2-Hour Expedite: Get your documents processed within two hours for an additional $500.
- Same-Day Expedite: Get your documents processed on the same day for an additional $200.
- 24-Hour Expedite: Get your documents processed within 24 hours for an additional $100.
- Online Expedite: Get your documents processed online for an additional $50.
Normal Processing Time
Without expedited filing options, your incorporation documents are typically processed within 4-6 weeks, depending on the volume of filings at the state agency. This timeframe is considered normal processing time, also known as the standard processing timeframe. During this period, the Delaware Division of Corporations reviews your documents to ensure everything is in order. They'll check for accuracy, completeness, and compliance with state laws and regulations.
You can expect a thorough review, as the state agency wants to ensure that your business is set up correctly from the start. This processing time allows them to verify your business name, validate your articles of incorporation, and confirm that you've met all the necessary requirements. Once your documents are approved, you'll receive a certificate of incorporation, and your business will be officially recognized in the state of Delaware. While it may take a few weeks, you can rest assured that the state is taking the necessary steps to ensure your business is properly established.
Rush Filing Benefits
By opting for rush filing, you can significantly reduce the processing time, getting your business up and running in a fraction of the standard 4-6 weeks. This expedited process can be a game-changer for entrepreneurs who need to quickly establish their company. With rush filing, you can expect to receive your filed documents in as little as 24 hours, depending on the state's workload.
Here are some benefits of rush filing:
- Faster time to market: Get your business up and running quickly, allowing you to start generating revenue sooner.
- Increased competitiveness: Beat your competitors to the market by incorporating quickly and establishing your brand.
- Enhanced credibility: Show investors, partners, and customers that you're serious about your business by incorporating quickly and efficiently.
- Reduced uncertainty: Get clarity on your business's legal status sooner, reducing uncertainty and anxiety.
- Improved cash flow: By getting your business running quickly, you can start generating revenue and improving your cash flow sooner.
Factors Affecting Processing Speed
When forming a corporation in Delaware, you'll want to understand the factors that can slow down or speed up the processing of your incorporation documents. You might be wondering why it takes longer for some documents to be processed while others are expedited quickly. The truth is, several factors can influence the processing speed of your incorporation documents.
One crucial factor is the type of filing you're submitting. For instance, if you're filing a standard incorporation document, it might take longer to process compared to an expedited filing. The workload of the Delaware Division of Corporations also plays a significant role. If they're dealing with a high volume of filings, it can slow down the processing time.
Another factor to consider is the complexity of your filing. If your documents require additional review or have missing information, it can lead to delays. Additionally, the method of filing can impact processing speed. Online filings are usually faster than mail-in filings. By understanding these factors, you can better plan and prepare for the incorporation process in Delaware.
What to Expect After Filing
After submitting your incorporation documents, you can expect the Delaware Division of Corporations to review and process your filing, which typically takes a few days to several weeks depending on the workload and type of filing.
Once your documents are approved, you'll receive a Certificate of Incorporation, which serves as proof of your company's existence. Here's what you can expect next:
- You'll receive an email with a link to access your filed documents online.
- Your corporation will be officially recognized by the State of Delaware.
- You'll need to obtain any necessary licenses and permits to operate your business.
- You'll be required to file annual franchise tax reports with the State of Delaware.
- You may need to obtain an EIN (Employer Identification Number) from the IRS for tax purposes.
Remember to stay organized and keep track of your filing status to ensure a smooth incorporation process.
Obtaining Necessary Business Licenses
You'll need to research and obtain the necessary licenses and permits to operate your business legally in Delaware. This step is crucial to ensure your business complies with state and local regulations. You can start by checking with the Delaware Division of Revenue to determine which licenses and permits are required for your specific business type. Additionally, you may need to obtain licenses from local authorities, such as the city or county where your business is located.
Make sure to research the specific requirements for your business, as the necessary licenses and permits can vary greatly depending on the type of business, its location, and the services it provides. You may need to obtain licenses from multiple agencies, such as the Delaware Department of Agriculture, the Department of Natural Resources and Environmental Control, or the Department of Health and Social Services.
Remember to stay organized and keep track of the licenses and permits you need to obtain, as well as their renewal dates. This will help you avoid any penalties or fines for non-compliance. By taking the time to research and obtain the necessary licenses and permits, you can ensure your business operates legally and safely in Delaware.
Timeline for Receiving Certificates
Timeline for Receiving Certificates
Delaware's Secretary of State typically processes and issues certificates of incorporation within 2-3 business days after receiving your filing. This is a relatively quick turnaround, which is one of the reasons why Delaware is a popular state for incorporation. After submitting your articles of incorporation, you can expect a swift response from the state.
Here's what you can expect during this timeframe:
- Certificate of Incorporation: You'll receive a certified copy of your articles of incorporation, which serves as proof of your company's existence.
- Federal Tax ID Number: You'll need to apply for an Employer Identification Number (EIN) from the IRS, which usually takes a few days to process.
- Business License: Depending on your business type, you may need to obtain additional licenses and permits from the state or local authorities.
- Registered Agent: You'll need to appoint a registered agent in Delaware to receive legal documents on your company's behalf.
- Compliance: Make sure to comply with Delaware's annual report and franchise tax requirements to maintain your company's good standing.
Conclusion
You've successfully incorporated your business in Delaware! Now, you'll receive your certificates within a few weeks. Make sure to obtain necessary business licenses and permits to operate legally. Keep in mind that processing times may vary depending on the workload of the Delaware Division of Corporations. Stay organized, and you'll be up and running in no time.