How-to guide
How to Incorporate in Delaware
Step-by-step process to incorporate a Delaware C-Corp or LLC. Done remotely from anywhere. Takes 5-10 business days for entity, 1-4 weeks for EIN.
Steps
The process.
How to incorporate in delaware.
Pick entity type
Delaware C-Corp (VC-fundable) or LLC (services/bootstrap). C-Corp is default for most foreign founders.
Reserve name
Check name availability at Delaware Division of Corporations. Reserve for 120 days ($75) or file directly.
Appoint registered agent
Mandatory Delaware agent with physical Delaware address. Cost: $50-200/year. BQP's package includes Year 1.
File Certificate of Incorporation
Online via Delaware Division of Corporations. Authorize 1,500 shares with low par value ($0.0001). State fee: $89 standard, $1,089 24-hour expedited.
Receive Certificate
Standard: 3-5 business days. Expedited: same day. Receive Certificate of Incorporation with state-stamped seal.
Adopt bylaws
Internal document defining governance. Standard template available. Issue founders' shares at par.
File 83(b) elections
Within 30 days of stock issuance. Critical for tax — without it, you pay tax on stock value at vesting (not grant).
Apply for EIN
File Form SS-4 with IRS. For non-SSN founders, fax method (1-4 weeks). BQP handles this for clients.
Open US bank account
Mercury, Brex, or Wise — all online onboarding. Need EIN, formation docs, registered agent address, founder ID. 1-4 weeks.
Set up ongoing compliance
Delaware franchise tax (annual, $400 min), federal Form 1120 (annual), BOIR/CTA reporting. BQP handles all of these.