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 or receive back my
request?
How do I know my document has been
filed?
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?
How long will it take to process my
Filing/Document request?
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.
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:
- 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.
- In Person - No Charge - You may visit our public terminals
at our office located at 401 Federal Street in Dover, Delaware for no
charge.
- 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 or receive back my request?
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 know my document has
been filed?
Once your document has been filed and completed in our system, you
will receive a file stamped copy of the document. The file stamp contains the
date, time, file number and other information and is located on the first page
of the actual document that is returned with your
invoice. 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. You may
download the required form from the Delaware Courts website at http://courts.delaware.gov/forms/download.aspx?id=6068
-
New Castle County - (302)255-0800
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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 use
ACH debt from your checking or savings account or 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 to $30.00 for any 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 or UPS or envelope is provided with the request.
Please contact our office at 302-739-3073 with any
questions.
How long will it take to process my Filing/Document
request?
If a document is received by this office in proper form and all required fees
are paid when received, the document will be filed with the date and time it was
received in this office as soon as we are able to process the regular,
non-expedited work for that date. Regular (non-expedited) work takes on average
between 10 and 15 business days to process. However, due to the large amounts of
work received in March, June and December, your request/document will take
longer to process at these times of the year. During these peak periods, the
processing time can be 3 - 4 weeks as long as there are no issues with the
request which could cause further processing time delays. Any document can
receive expedited service at any time of the year. Please see our fee chart
located on our web site.
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