Delaware Company Formation Requirements

What are the requirements for Delaware company formation? Delaware is one of the US states that is the most favourable for establishing an entity and is the jurisdiction of choice of many of the country’s top corporations. You only need one shareholder for a Delaware company formation, and you can do so remotely without being a resident of the United States. However, all Delaware companies require you to appoint a Registered Agency to be the liaison on your behalf. 

What else do you need to know about company formation requirements in Delaware?

While foreign non-residents can own or be shareholders of Delaware companies, “S” corporations must be owned by US citizens or residents. You must appoint a registered agent to meet the physical address and regular business hour requirements stipulated by Delaware state law. Shareholders can be either people or corporate entities and do not need to be local residents.

delaware company formation requirements

The documents you must present for company formation in Delaware are: 

  • Certificate of Incorporation (for corporations) or Certification of Organization (for public limited corporations, or PLCs)
  • Photo identification and a utility bill or bank statement no more than three months old as proof of address
  • Employer Identification Number (EIN) to pay taxes in the United States
  • Authorised amount of stock and the par value per share (but it is not mandatory to set a par value)
  • List of corporation managers and members to be filed within 30 days of incorporation
  • Registered agent and registered office address
Inquire now