Start-Up Companies: FAQs
Welcome! This section contains the answers to questions frequently asked by our US-based clients who are incorporating a Small Business or Start-Up company in Delaware.
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Why Delaware | Corporation vs LLC Comparison | FAQs
Q: Don't I need to have an office in Delaware to have a Delaware LLC or Delaware Corporation?
A: No; you only need a Delaware Registered Agent.
A Delaware Registered Agent must be located within Delaware and must be open during regular business hours to receive legal notices delivered by Service of Process. A Delaware Registered Agent also acts as a liaison between the DE Corporation/DE LLC and the Delaware Secretary of State's office. DBI will be your Delaware Registered Agent and the first 12 months of Delaware Registered Agent service are free with the purchase of a New Company Registration Package. The renewal fee is $100/year thereafter. If you would like to have a Virtual Office in Delaware please see our Mail Forwarding Service section.
Q: What are the total recurring expenses of maintaining an LLC in Delaware or a Corporation in Delaware?
A: In addition to the above mentioned annual Delaware Registered Agent renewal fee of $100, an LLC pays a flat annual Delaware LLC tax of $300 and a corporation authorizing 5,000 shares or less pays an annual Delaware Corporation Tax of $75 plus an Annual Report Filing fee of $50 (total $125).
These annual Delaware taxes are not related to activity level or income. Delaware does not have a state sales tax and if you are not a Delaware resident and do not have a base of operations in Delaware you will not owe Delaware state income tax.
Q: What documents am I required to provide to Incorporate in Delaware or form an LLC in Delaware?
A: If you order Delaware Incorporation service or Delaware LLC Formation service online from our website you will not be required to provide any documents and your signature will not be required.
If you do not place your order on our website you will be required to sign an order form. For more information about ordering see the Ordering FAQ. If you order Mail Forwarding Service USPS form 1583 is required, see Mail Forwarding Terms and Conditions for more information.
Q: Do I need a lawyer to form an LLC in Delaware or Incorporate in Delaware?
A: You are not required to use the services of an attorney to Incorporate in Delaware or form an LLC in Delaware.
DBI is a service company and will assist you with the preparation and filing of all necessary documents to register in Delaware. If you feel you need legal advice, you should consult an attorney; please contact an Incorporation Specialist if you would like a referral.
Download a free .pdf copy of the Delaware Incorporation Handbook for more information about Incorporating in Delaware or forming a Delaware LLC, inlcuding detailed information about taxation, documenation and post-incorporation responsibilities.
Contact an Incorporation Specialist for a free confidential consultation by phone 1-800-423-2993 or Start a Live Chat. Incorporation Specialists are available Monday-Friday 8:30am-5:00pm US EST.