How to form a new business entity in Delaware

One of the most important decisions to make for your business is what kind of legal structure it should have.

What makes your choice so critical? Your legal structure will impact your taxes, liability, ownership and control. It's best to seek out qualified legal advice from an attorney or accountant to help you choose your entity structure, particularly if you aren't sure what type of structure you should choose. The State of Delaware cannot give legal advice.

Sole proprietors by definition are not legal entities. If you plan to be a sole proprietor, you can skip legal entity formation and proceed to Register Your Business.

If you've decided on your legal structure and have a Delaware mailing address (not a post office box), choose the formation option that works best for you:

Option 1:

Begin entity formation with One Stop

Fill out your entity forms online using our easy step-by-step process on One Stop. Then print and upload or mail your paperwork to the Delaware Division of Corporations.

Option 2:

Authorize your existing legal entity to operate in Delaware

If you have a legal entity formed in another state and want to expand to (operate in) Delaware, apply for a "Foreign Qualification".

Option 3:

Form with a Registered Agent service

Use one of the registered agents* that provide online formation of Delaware-based businesses: IncNow, Wolters Kluwer.

Alternatively, choose from the list of registered agents on the Delaware Division of Corporations website.

* Registered agents are private sector businesses that set their own prices for entity formation.