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Department of State: Division of Corporations

FREQUENTLY ASKED QUESTIONS

Does Delaware have Corporate Information available on-line?

Does Delaware have UCC Information available on-line?

Why do so many companies incorporate in Delaware?

Do I have to live in Delaware to have a Delaware corporation?

Must I use an Attorney to incorporate?

If I am incorporated in another state or jurisdiction, do I need to a qualify to do business in the State of Delaware?

How quickly can I incorporate?

How do I register my DBA or "Doing Business As..." name in Delaware?

How do I amend my corporate documents?

How do I change my Registered Office and/or Registered Agent?

How do I reserve a corporate name?

How do I determine which business structure is best suited for my needs?

Where can I obtain a copy of the General Corporation Law of Delaware?

How do I obtain information on Delaware Courts?

How do I obtain apostilles for use in the adoption process or personal use?

Your question not listed? Live Chat is available Monday thru Friday from 8:30am to 4:00pm excluding State Holidays. If an operator is unavailable, your questions will be forwarded to an email for response.Badge: State of Delaware Live Support

 

 

Does Delaware have Corporate Information available on-line?

The Division of Corporations has many venues for accessing corporate information.  Please note that this is not a good standing certificate, certified by the Secretary of State.  Click here for information on obtaining a Certificate of Status.  You may choose from the following options:

  1. Corporate Status - On the Web - We now offer corporate/entity status on the web.  You may check status on the web for a fee of $10.00 per entity for status or $20.00 per entity for more detailed information including current franchise tax assessment, current filing history and more.  You may charge a Visa, MasterCard or Discover card.  Click here for corporate status on the web.  

  2. In Person - No Charge -  You may visit our public terminals at our office located at 401 Federal Street in Dover, Delaware for no charge. 

  3. Direct Web Access - You may purchase Direct Web Access to Delaware corporate information by contacting an Authorized Vendor.  Vendors may charge a fee for this service.

Does Delaware have UCC information available on-line?

Unfortunately no, but you may contact our office at 302/739-3073 and request UCC information.  You may also contact a UCC Authorized Searcher for UCC information.

Why do so many companies incorporate in Delaware?

Businesses choose Delaware not for one single reason, but because we provide a complete package of incorporations services.  The Delaware General Corporation Law is the most advanced and flexible business formation statute in the nation.  The Delaware Court of Chancery is a unique 215 year old business court that has written most of the modern U.S. corporation case law.  Delaware's State Government is business-friendly and accessible.  Our Division of Corporation is a model state-of-the-art efficiency and our staff provides prompt, friendly and professional service to clients, attorneys, registered agents and others.  These factors have all contributed to making Delaware a premier legal home to companies around the world.

Do I have to live in Delaware to have a Delaware corporation?

No.  Delaware law requires every corporation to have and maintain a Registered Agent in the State who may be either an individual resident, a domestic corporation, or a foreign corporation authorized to transact business in Delaware whose business office is identical with the corporation's registered office.

Must I use an Attorney to incorporate?

No, but you should contact an attorney concerning legal matters.  The Delaware Division of Corporations acts solely in an administrative capacity and does not provide legal advice. 

If I am incorporated in another state or jurisdiction, do I need to a qualify to do business in the State of Delaware?

Yes, Delaware law requires every corporation that is doing business in this state but is formed in another state or jurisdiction to submit a completed "Foreign Qualification" form with the Division of Corporations along with a Certificate of Existence issued by that state or jurisdiction.

How quickly can I incorporate?

The Division of Corporations offers a variety of services including "1-Hour", "2-Hour", "Same Day" and "Next Day" Expedited Services which are designed to meet your business needs. 

How do I register my DBA or "Doing Business As..." name in Delaware?

DBA's or Doing Business As.. names are registered in the Prothonotary's office in the county in which you are doing business. 

  • New Castle County - (302)255-0800

  • Kent County - (302)739-3184

  • Sussex County -(302)855-7055

How do I amend my corporate documents?

The most common way is to file a Certificate of Amendment.  You may call (302)739-3073 if you have questions on properly completing your filing. 

How do I change my Registered Office and/or Registered Agent?

Corporations may file a Certificate of Change of Registered Agent.  All other entities must file a Certificate of Amendment.

How do I reserve an entity  name?

We now offer name reservations through the internet.  You can reserve a Corporate, Limited Liability Company, Limited Partnership, Statutory Trust, General Partnership & Limited Liability Partnership name for a fee of $75.00 per name.  Please click here to check name availability and reserve a name.  The name you choose must be distinguishable from corporations or other entities reserved or registered under the laws of Delaware. 

The Delaware Corporation Law Annotated requires that all Corporate, Limited Liability Company, Limited Partnership, Statutory Trust, General Partnership & Limited Liability Partnership names be submitted in application form accompanied with the appropriate fee of $75 per name.  You may also file your Corporate, Limited Liability Company, Limited Partnership, Statutory Trust, General Partnership & Limited Liability Partnership name application on the web for  the appropriate fee of $75 per name.  You may charge a Visa, MasterCard or Discover card.  Click here to reserve your Corporate, Limited Liability Company, Limited Partnership, Statutory Trust, General Partnership & Limited Liability Partnership name on the web.

How do I determine which business structure is best suited for my needs?

The State of Delaware does not provide legal advice.  We recommend that you contact a Certified Public Accountant or an Attorney who specializes in Delaware Law.  You may also visit Delaware Division of Revenues website for their Legal Business Structure Table for a break down of each entity type and how it may effect your business.  If you are planning to conduct business in Delaware or hire employees in Delaware, please visit the Registration Process Flow Chart.  Small business information is also available at the Delaware Development Office website.

Where can I obtain a copy of the General Corporation Law of Delaware?

A soft cover copy is available from LexisNexis bookstore.  You may also visit the Delaware Code online. 

How do I obtain information on Delaware Courts?

Click on a link below!

How do I obtain apostilles for use in the adoption process or personal use?

Adoption documents for a foreign country often require apostilles or authentications.  The Delaware Division of Corporations can apostille or authenticate documents notarized by a Delaware Notary, certified vital records from the State of Delaware, and official State documents (e.g., background checks).  When such services are requested for personal use (such as an adoption) the Division discounts its fees as follows:   $20.00 for one document or $30.00 for 2 or more documents that are presented simultaneously.   This fee structure enables prospective international adoptive parents to minimize their costs by having all of their apostille and authentication documents processed at one time.   As a further convenience, requests received via mail are typically processed on the same business day and hand delivered requests will be completed within 2 hours.  To help expedite your request, mailed requests must include a cover memo clearly stating the purpose of the request (e.g.  adoption in China).    Documents may be either hand delivered, mailed or express mailed to:  Division of Corporations - John G. Townsend Bldg. - 401 Federal Street - Suite 4 - Dover, DE  19901.  Documents that are not picked up from our office will be sent regular first class mail unless a Federal Express, UPS or DHL account number or envelope is provided with the request.  Please contact our office at 302-739-3073 with any questions. 

Last Updated: Thursday, 24-Jul-2008 15:35:44 EDT
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