DELAWARE

Why Form a Corporation in Delaware?


$49 + State Fee & 1st Year FREE Registered Agent

See Detailed Pricing

Delaware Corporation Name Search and Registration

Your Delaware corporation needs a great business name, and we’re here to help. Learn about how to search the DE Division of Corporations business register, the rules for naming your corporation, using a “doing business as” or “fictitious” name and how to get started with registering your Delaware corporation.

Start Your S Corp with Incfile     Start Your C Corp with Incfile

Delaware Division of Corporations Business Entity Search

Before you can name your DE corporation, you need to make sure there aren’t any other businesses in Delaware with that name. That means searching the Delaware Division of Corporations website using their business search tool. You can easily look up DE corporations by name and other details.

If the name you want for your Delaware corporation is already used by a DE LLC or corporation, you will need to choose a different name.

Delaware Division of Corporations corporation name search tool

Delaware Naming Rules Before You Register Your S Corp or C Corp

Once you’ve found an original name for your Delaware S Corp or C Corp, you will need to make sure it meets Delaware Division of Corporations naming rules.

General Rules for Naming Your S Corp or C Corp

The rules below generally apply to all corporations, wherever they are formed.

All DE Registered Corporations Must Have a Unique Name

The name you have chosen for your S Corporation or C Corporation cannot be used by any other registered business in the state of Delaware. This is why you must check business name availability on the DE Division of Corporations website.

The Name of Your Corporation Cannot Be Similar to Other Businesses in Delaware

Not only must your DE corporation name be unique, it cannot be similar to another corporation or LLC name in Delaware. You cannot use the following factors to say your name is different from the name of another business:

  • Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., Ltd., LLC, etc.

  • Definite articles like “A,” “And,” “An,” “&,” “The,” etc.

  • The singular, plural or possessive forms of a word

  • Abbreviations, punctuation, symbols, fonts, typefaces, etc.

For example, you can’t claim that Purple People Co., Purple People Corporation, Purple People Incorporated, Purple People Corp. or Purple People are different from one another.

Your Delaware Corporation Name May Have Other Restrictions

Most states will not allow you to form S Corporations or C Corporations with names that:

  • Are very similar to the name of a federal or DE agency or organization (e.g., FBI, FDA, Delaware Department of Revenue, Delaware Police, Treasury, etc.)

  • Suggest affiliation with a federal or DE agency or organization

  • Use the term “Olympic” or any terms that are trademarks of the Olympic organization

  • Imply a purpose that it would be illegal for your Delaware corporation to carry out

Specific Rules for Naming Your Delaware Corporation

The general rules above are a good starting point for naming your DE S Corporation or C Corporation, but they are not the only ones. The Delaware Division of Corporations has some specific business naming rules for corporations. You will need to follow these rules if you want to name your DE business appropriately.

  • The name of your business must include one of the following words: "association," "company," "corporation," "club," "foundation," "fund," "incorporated," "institute," "society," "union," "syndicate" or "limited"

  • You cannot use the word “bank” or “trust” in your business name without special permission

Delaware Corporation Fictitious and “Doing Business As” (DBA) Names

You may want your Delaware S Corporation or C Corporation to conduct business under a different name from the name it was formed under. In Delaware, this is known as a “fictitious” or “doing business as” name. We can complete this filing on your behalf.

Incfile’s Assumed Business Name service

Rules on Infringing on Service Marks or Trademarks Inside or Outside Delaware

The naming rules above are not the only areas you need to consider when naming your Delaware S Corporation or C Corporation. You also need to check if your DE business could infringe on the registered service marks or trademarks of another business.

The easiest way to see if your proposed business name infringes is to carry out a trademark search. You can do that via the United States Patent and Trademark Office, or Incfile can help you protect your business with our Trademark Search and Registration service. You should also bear in mind that your Delaware corporation name cannot be substantially similar to an existing trademark or service mark.

You’ve Found the Perfect Name, What Next?

Once you’ve found the right name for your business, it’s time to make it a reality. Check out our packages for starting your Delaware corporation and form either an S Corporation or a C Corporation today.

Start Your S Corp with Incfile     Start Your C Corp with Incfile

Only $49 + State Fee To Launch Your Business

Clear Pricing. No Contracts. No Surprise.

What are the fees and requirements to form a business in Delaware?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$89 15 Business Days 5 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Learn more about starting a business in Delaware

Additional resources, guides, and articles for better decision making.

Select the package that works best for you.

Silver

49

+ $89 (state fee)

The Basics To Get You Started

Prepare & File Articles Of Organization
FREE Registered Agent for !st Year
Lifetime Customer Support

Get Started

MOST POPULAR

GOLD

149

+ $89 (state fee)

Everything from Silver +

EIN / Tax ID Number
Personalized Operating Agreement
Customized LLC Kit

Get Started

BEST VALUE

Platinum

299

+ $89 (state fee)

Everything from Silver & Gold +

Expedited Filing
UPS Delivery
Contracts Library

Get Started

Subscribe now to learn more about LLCs and starting a business