11 steps to register a company in Delaware in 2024

By requesting Healy Consultants Group to register their Delaware company, our Clients do not have to travel to Delaware to start their company. Our firm will complete the incorporation procedures on their behalf. Please refer to the section below for further details on the steps to setting up a company in Delaware.

• Pre-incorporation

  1. Consultation phase:
     Prior to commencing Delaware business set up, we i) discuss our Client’s business goals, ii) determine requirements for their new entity, iii) explore the optimal structure for the entity, iv) confirm fees payable for the engagement, v) identify potential licensing requirements and vi) draft a standard/ tailored operating agreement, if required*. Thereafter, Our Client i) settles Healy Consultants Group’s engagement fee, ii) signs and returns our Client Engagement Letter and iii) provides us all the due diligence documents, as required by our Compliance Team.
  2. Planning Phase:
     We supply our Client with a detailed project plan, mapping out weekly deliverables to engagement completion including i) Delaware business incorporation, ii) tax registrations, iii) corporate bank account opening and iv) obtaining applicable licences, thereby increasing transparency as well as setting Client expectations and minimising disruption to project completion.

• Incorporation steps

  1. Name reservation:
     We help our Clients choose three unique names for the company, listed in their order of preference. The name must be unique from other companies that are already registered in Delaware.
  2. Registered Agent:
     Our Client must appoint a Registered Agent who may be a natural person or a body corporate, but the agent must be a resident in the USA. Healy Consultants Group includes Registered Agent services in our standard Delaware incorporation package.
  3. Registered office:
     In accordance with the Delaware law, our Client is required to file an address with the companies’ registry to which official correspondences can be sent and statutory records can be inspected. Healy Consultants Group will provide virtual office space which is also included in our standard service offering.
  4. Document submission:
     Healy Consultants Group’s in-house country experts prepare quality company incorporation forms of the company and file the complete incorporation package with the applicable state agency.
  5. Incorporation approval:
     Within one week of submission, the business entity will be incorporated. Following Delaware company registration, our firm immediately emails our Client with the certificate of incorporation and statement of authorized persons.

• Post-incorporation steps

  1. Tax registration:
     Healy Consultants Group’s company incorporation team i) obtains the Employer Identification Number (EIN) by filing form SS4 with Internal Revenue Service, ii) files Certificate of Assumed Name**, if applicable, iii) pays Delaware annual franchise tax and iv) files Certificates of Authority with multiple State authorities, if the Client plans on operating in different States across USA***.
  2. Bank account opening:
     Once incorporated, the Client can apply for a corporate bank account for his business. Our team helps our Client to prepare a quality business plan for the bank to optimise the probability of corporate bank account approval.
  3. Licensing:
     Good governance demands that certain business activities require licenses in the Delaware. We regularly assist our Clients to navigate the USA and Delaware regulatory environment and obtain the necessary licenses.
  4. Engagement completion:
     Following the receipt of all necessary approvals and documents, Healy Consultants Group supplies a full company kit to our Client, including original corporate documents, unopened bank correspondences and a Client feedback survey to make sure that all the Client expectations were met during the entire engagement period.

* – Delaware LLCs are not legally bound to prepare a separate Articles of Incorporation. If required, Healy Consultants Group, for an additional fee, can prepare an Operating Agreement for our Client which serves the same purpose for a Delaware LLC.

** – Any business in USA that uses a name other than its legal name should take steps to comply with the assumed name statutes in the states in which it does business. The document is issued by Secretary of State offices. If required, Healy Consultants Group can assist our Client obtain the same for an additional fee.

*** – A document issued by Secretary of State offices showing that an entity has completed foreign qualification and is authorized to do business in that state. If required, Healy Consultants Group can assist our Client obtain the same for an additional fee.

Important documents required to setup a Delaware business

• Certified passport copies of all shareholders, partners, directors and officers of the proposed company.
• Certified identity card or driver’s licence of all shareholders, partners, directors and officers of the proposed company.
• For each individual, an original or certified utility bill or equivalent address proof no older than three months.
• For corporate shareholders/partners, certified incorporation documents accompanied by a Certificate of Good Standing or Certificate of Incumbency.