Corporations that have been formed in any other location besides Delaware are considered foreign corporations to the Delaware Secretary of State Division of Corporations office. A foreign corporation must apply for the authority to conduct business within the state of Delaware as opposed to simply forming a new entity. The process of acquiring this authority is relatively simple and requires the submission of a few basic documents. Delaware has no online filing system so you can only submit your applications manually by printing the PDF document forms and mailing them to the correct location. There is a $245 filing fee associated with this application and you will additionally need to pay $50 to receive certification that your filing has been approved though this is optional. The application for authority by a foreign corporation must adhere to Delaware Code Titles 5 through 30.
How to File
Step 1 – You will first need to make absolutely certain that the name you are intending to use for your corporation is not already in use. To make sure that your intended name is not already being used by someone else Search the Businesses Database.
Step 2 – Once you have made certain that the name you are intending to use for your corporation is available you will have the option of reserving it if more time is needed to prepare for registration. The cost for this name reservation is $75 and requires that you complete and submit a Name Reservation Form.
Step 3 – You must now download and print the required documents so that they can be manually completed and submitted to the correct office for processing. The required documents that need to be completed are as follows:
Step 4 – You must now begin to fill-in the application forms to the best of your ability. The information that is required for the application forms is as follows:
- Desired processing time
- Company/firm or individual’s name
- Return address
- Phone number
- Fax number
- E-mail address
- Account number
- Name of company/entity
- File number
- Reservation number
- Type of document
- Information about document
- Number of certified copies returned
- Other requests
- Check number
- Total value of $ enclosed
- Credit card information (if paying the filing fee using credit card)
- Method of return
Certificate of Registration
- Name the company wishes to use in Delaware
- Name under which the company was originally formed
- Date and address of original formation
- Nature of business
- Address of registered office
- Name of registered agent
- Date which the company first intends on doing business in Delaware
- Signature of authorized person
- Typed/printed name of authorized person
Step 5 – Once all of the documents have been completed in their entirety you must decide how you will be paying the filing fee and the associated certificate fee. The filing fee for this application is $240, and the fee to obtain the certificate that proves you have registered with the state of Delaware is $50. This can be paid by including your credit card information on the cover sheet, or by including a check addressed to the Delaware Secretary of State. Send the documents, the fees and a certificate of good standing to the below address.
Division of Corporations
John G. Townsend Bldg.
401 Federal Street, – Suite 4
Dover, DE 19901
Renewal – In many states across the nation, businesses are required to renew with the Secretary of State in order to remain in good standing. Delaware is no exception as all corporations will be required to submit an annual report and pay a franchise tax. These two submissions must be made by March 1st of each calendar year or else a late filing fee will be administered. For corporations, this will amount to $125 and an interest of 1.5% will be added to the unpaid tax balance. Click on the link at the heading of this paragraph to renew online.