Delaware Business Formation Checklist

Understand the options: sole proprietorship (no filing required, no liability protection), LLC (most common for small businesses), S-Corp or C-Corp (consult attorney and accountant) For most small businesses, LLC is the right starting point — liability protection plus flexible tax treatment If considering S-Corp or C-Corp, consult an attorney and CPA before filing anything

Check Delaware entity name availability at corp.delaware.gov Search the federal trademark database at USPTO.gov — don't skip this Secure your domain name, even if you're not building a website yet Check social media handle availability on the platforms you plan to use

File with the Delaware Division of Corporations at corp.delaware.gov Pay the state filing fee ($90 as of 2026 for standard LLC) Designate a registered agent in Delaware (Aldgate Legal can serve as yours) Allow 1–2 weeks for standard processing, or pay for expedited if you need it sooner

Need help with this step? We handle LLC filings on a flat-fee basis. Schedule a consultation →

Even if you're a single-member LLC, you need an operating agreement Your agreement should outline ownership, management structure, profit distribution, and dissolution procedures Banks, investors, and counterparties will ask for this document — have it ready

Don't use an online template for your operating agreement. Have an attorney draft it — the cost is low and the protection is real. Get a flat-fee quote →

Apply for an Employer Identification Number at IRS.gov — it's free and takes about 10 minutes You need an EIN to open a business bank account, hire employees, and for tax filing Get one even if you have no employees — you'll need it for the bank

Bring: Certificate of Formation, EIN letter, Operating Agreement, and photo ID Keep business and personal finances completely separate — always Consider a business credit card for expense tracking and points

Apply for a Delaware business license at delbiz.com — required for most businesses operating in Delaware Check your local municipality for any additional permits (zoning, signage, home occupation) Obtain any professional licenses that apply to your industry (contractor, healthcare, real estate, etc.)

Understand your default tax classification (single-member LLC taxed as sole proprietor, multi-member as partnership) Consult a CPA about whether an S-Corp election makes sense for your revenue level Set up accounting software (QuickBooks, Wave, FreshBooks) Plan for quarterly estimated tax payments — set aside 25–30% of profit as a starting point

Get general liability insurance at minimum — required by many clients and landlords If you provide professional services or advice, get professional liability (E&O) coverage Consider a Business Owner's Policy (BOP) for broader, bundled coverage Have an attorney review any contracts you sign regularly — a one-time review protects you in every future deal

Need help with Steps 3, 4, or 9? That's exactly what Aldgate Legal Group does. Schedule a free 20-minute consultation → or call us at (302) 555-0274.

Starting a Business in Delaware:
What You Actually Need to Do

Choose Your Business Structure

Choose Your Business Name

File Your Certificate of Formation

Create Your Operating Agreement

Get Your EIN

Open a Business Bank Account

Get Your Business Licenses and Permits

Set Up Taxes and Accounting

Protect Your Business

We Handle Steps 3, 4, and 9. Flat Fee.

Starting a Business in Delaware:What You Actually Need to Do