The Delaware Playbook

Incorporate where the law is already settled

Two-thirds of the Fortune 500 charter in Delaware because its Court of Chancery has spent two centuries deciding exactly the disputes your company might face. File here when it fits, and File.Business runs the entity after the filing: agent, deadlines, banking, and AI in one operating system.

Court of Chancery precedent Private formation record Same-day state expedite 2M+ entities on the register
The first name in American incorporation Division of Corporations expedite, down to same day Formation record lists only the entity and its agent 4.9 from 8,200+ reviews Founders served in all 50 states
The honest version

Delaware is a precision tool, not a default

Delaware earned its reputation the slow way: a dedicated business court with no juries, two hundred years of corporate case law, and statutes tuned annually by the bar that argues them. Investors prefer it because the outcomes are predictable. Founders like that the Certificate of Formation names only the company and its registered agent, not the owners.

But prestige is not a strategy. If your business operates in your home state, a Delaware charter usually adds a second set of fees and a foreign qualification without adding a single advantage. We will tell you which side of that line you are on, then run the entity either way.

Delaware for the wrong company
  • A local business operating only in its home state
  • Pays Delaware and home-state fees, every year
  • Must foreign-qualify where it actually works
  • Two registered agents, two compliance calendars
  • No investor on the cap table to impress
Delaware for the right company
  • Raising venture capital or planning to
  • Multistate or online from day one
  • Holding company or IP-holding structure
  • Owners who value a quiet public record
  • Expects disputes worth a real business court
Filing to running, five stages

The filing takes days. The system takes it from there

Select a stage to see what happens, and what we handle.

Stage 1

Clear the name on Delaware's record

Delaware requires a name distinguishable from every entity already on its register, with the right entity designator. We run the availability check against the state record before anything is filed, so the filing never bounces on a name conflict.

Checked against the live Division of Corporations record.
"Meridian Robotics LLC" AVAILABLE
Designator valid: LLC
No conflicts on the register
Stage 2

Every Delaware entity needs a Delaware agent

State law requires a registered agent with a physical Delaware street address, on the public record, available in business hours. Ours goes on the certificate, so your address stays off it, and anything served on the company is scanned to your vault the same day.

Our address on the record. Yours stays private.
Agent: FILE.BUSINESS, WILMINGTON DE
Service of process scanned same day
Delivered to your document vault
Stage 3

One certificate makes it real

An LLC files a Certificate of Formation, a corporation a Certificate of Incorporation. The state fee is passed through at cost, and Delaware's expedite tiers, down to same-day, are available when the timing matters. The stamped certificate lands in your vault, not a drawer.

Standard in days. State expedite when it cannot wait.
Certificate of Formation ACCEPTED
Expedite: same-day available
Stamped copy in the vault
Stage 4

The IRS does not know you exist yet

The EIN is the company's federal identity, required for banking, hiring, and taxes. If the numbers favor it, an S-corp election follows on its own IRS clock. We prepare both so the federal side finishes as cleanly as the state side.

EIN, then elections, each on the right deadline.
EIN ASSIGNED
S-election window tracked
Federal record complete
Stage 5

The entity lands inside the operating system

This is where filing services stop and File.Business starts. Your Delaware company arrives in a workspace where the June 1 annual tax is already on the calendar, banking can open against the certificate, and BosAI already knows your entity.

Formed is the beginning, not the product.
June 1 annual tax ON CALENDAR
Banking, books, phone: connected
BosAI briefed on the entity
The states founders shortlist

Delaware, Wyoming, Nevada, or just home

Each has a real case. Here is the difference without the brochure gloss.

What mattersDelawareWyomingNevadaYour home state
Dedicated business courtChancery, two centuriesNoNewer business courtVaries
Investor familiarityThe default for VCRarely requiredRarely requiredDepends on the raise
Owner privacy at formationName and agent onlyOfficers listed publiclyVaries
Cost if you operate elsewhereForeign qualification addedForeign qualification addedForeign qualification addedOne state, one bill
Annual state obligationFlat LLC tax, June 1Modest annual reportAnnual list + licenseVaries
Best forVenture-track and holding companiesPrivacy and low upkeepIn-state operatorsLocal main-street businesses

Still deciding? The best-state guide walks the whole decision, and foreign qualification covers operating across lines.

A founder you might recognize

The round asked for Delaware. The platform handled the rest

Two business partners shaking hands across a table after agreeing on an investment round
Our lead investor asked for a Delaware C-corp before the term sheet. I expected weeks of paperwork between me and the raise. The conversion was prepared before our next call, the June 1 tax just appears on my calendar, and I have not thought about the state of Delaware since. Which is the point.
Founder, B2B software companyChartered in Delaware · operates from Austin, TX
Round closed on timeOne June 1 deadline, trackedZero missed filings

Representative composite drawn from customer outcomes.

BosAI knows Delaware

Ask about your entity, get the Delaware answer

BosAI watches the Delaware register, your calendar, and your documents, so the state never surprises you.

BosAIYour workspace · Meridian Robotics LLC, Delaware

What does Delaware want from us this year?

One thing: the flat annual LLC tax, due June 1. I have it on your calendar with reminders at 60, 30, and 7 days, and the filing pre-drafted. Delaware asks nothing else of an LLC in a normal year.

Our lead investor wants a Delaware C-corp before the round closes.

Standard request. The clean path is a conversion, then the equity setup on your cap table. I can prepare the conversion paperwork and flag the tax questions your CPA should sign off on before you commit.

The bank is asking for proof we are in good standing.

You are, I checked the register this morning. I can order a Certificate of Good Standing from the Division of Corporations now and drop it in your vault, ready to forward to the bank.
Delaware, asked and answered

Straight answers on fees, deadlines, and fit

How much does it cost to form in Delaware?

The state charges $110 to file an LLC Certificate of Formation and $89 for a corporation's Certificate of Incorporation, passed through at cost. The full Delaware cost breakdown covers expedite tiers and what the first year actually adds up to.

What does Delaware require every year?

An LLC owes one thing: a flat $300 annual tax due June 1, no annual report. A corporation files an annual report with franchise tax by March 1. Both dates live on your compliance calendar the day your entity lands, and this guide details the amounts and methods.

Do I need to live in Delaware?

No. Owners can live anywhere in the world. What Delaware requires is a registered agent with a physical Delaware street address on the public record, which is the role we hold for you.

How private is a Delaware LLC really?

The Certificate of Formation names the company and its registered agent, and nothing else: no members, no managers. Corporations disclose directors on annual reports, LLCs do not. For the full picture including federal reporting, see identity & privacy.

Should I just form in my home state instead?

If you operate mainly where you live and are not raising venture capital, usually yes: one state, one fee schedule, one agent. Forming in Delaware while operating elsewhere means a foreign qualification on top. The best-state guide walks the decision honestly.

What is the Court of Chancery and why does it matter?

A court that hears only business disputes, decided by expert judges without juries, producing two centuries of precedent. That predictability is why sophisticated parties, and the investors behind them, prefer a Delaware corporation when serious money is involved.

How fast can Delaware process my filing?

Standard processing runs in business days, and the Division of Corporations sells expedite tiers down to same-day service when a closing or contract cannot wait. Start the Delaware formation and choose the speed the moment demands.

The Delaware entrance to the Business OS

Incorporate in Delaware. Operate on File.Business.

File in days with the state fee at cost, then run the company, agent, deadlines, banking, and BosAI, from one login.

State fees passed through at cost · Same-day document scanning · Encrypted at rest & in transit