Quick Reference Filing Guide to Delaware

Delaware

Known as the Diamond State, Delaware is the home to more than half of the Fortune 500 corporations, and many small business owners around the globe have also incorporated in Delaware for a number of reasons. Delaware is also know as the First State because it was the first state to ratify the Constitution of the United States. As the second smallest state in the country, Delaware has always had to work smarter, and its home page shows some of that smart work. It is an interesting looking, and well organized page that makes it very easy to find information about all that Delaware has to offer.

Secretary of State

The branch of the Secretary of State’s Office which oversees the incorporation process in Delaware is the Division of Corporations. The Division includes a considerable amount of information on-line concerning the incorporation process in Delaware including services, fees, and forms. The following quote from the Division is on their page that leads to their sample forms: “The Division of Corporations provides this material as a general guide. Delaware law requires every business entity to maintain a registered agent in Delaware. The Division works closely with the registered agents that provide incorporating services and we encourage the users of this Web page to contact one of the registered agents for additional information.”

Business Development

The Small Business Development Center site works to answer questions about starting a new business, and provides information aimed at helping exiting business. Their site is very helpful, as are the many services that they perform.

Taxes

Delaware Corporate Tax forms are available in PDF format from the Delaware Division of Revenue. The Business Tax Questions section can answer many of the questions you may have regarding a small business in Delaware. Among the many they cover include such topics as:

* 1099 Information Returns
* Certificates of Clearance or Good Standing
* “Check the Box” Regulations
* Corporate Income Tax
* Dissolving a Corporation
* Doing Business in Delaware
* Incorporating In Delaware and Franchise Taxes
* Internet Taxation
* License and Gross Receipts Taxes
* Non-Profit Corporations
* Withholding Taxes

Legislation

The Delaware Legislature provides a considerable amount of information online. You can find out about how they work, and some of the changes they have made to Delaware’s laws on their pages. And, if you are interested in looking at Delaware’s laws, the Delaware Code Unannotated is available from the State of Delaware and Lexus Law Publishing.

Boating

Enforceme nt Section of the Department of Natural Resources and Environmental Control

Many people inquire about registering their boat or yacht in the State of Delaware. While creating a corporation to own the boat may have advantages, such as making it easy to transfer title, registration should normally be done in the locality were the boat will spend most of its time. The Enforcement Section administers the state boating registration program, registering over 40,000 boats annually. Please note that Federal Rules require vessel registration based upon predominance of use. That is, the vessel should be registered in the State whose waters it will spend the predominance of its time. Renewals of boating licenses are available online.
Section Administrator .................... Major James Graybeal .................... (302) 739-3440