Delaware Secretary of State

The Delaware Secretary of State is responsible for supervising the Delaware Division of Corporations. In other words, the job of this department is to control the functions of DE incorporation and LLC formation. The officer is appointed by the region’s Governor. In most cases, they are one of the Governor’s top advisers.

The office of the official is located in the capital city, Dover. The staff is responsible for almost every aspect of the state. The list includes economic development, transportation, education, finance, culture, and housing.

How to Form a New Business Entity?

Delaware (DE) is quite well-known for both U.S. and international business entities. This region provides a comprehensive package of services regarding business entities. In addition, there are several things that you should consider while forming a new business entity.

Choose Your Business Entity Type

If you want to do a Delaware Secretary of State business entity search to choose its type, you should contact a Certified Public Accountant or Attorney. Note that they need to be familiar with Delaware law. They will give you advice regarding which type of business entity will benefit you the most.

For a simple overview of entity choice and registration, check out the Revenue’s Legal Business Structures Table. Also, make sure to get familiar with its Registration Flow Table.

Get a Registered Agent

According to local law, each business entity must have a Registered Agent. The latter can be an individual or business entity with authorization to function as a corporation. They also must have a street address in this state.

If the corporation is physically located in Delaware, then it may act as its own Registered Agent.

Name Reservation

It is possible to reserve a name for an organization. However, it is not a requirement for forming a legal entity. So, it is up to you if you want to reserve a name or not.

The reservation will guarantee that your name is available for 120 days. You can make the reservation online. In case of online reservation, you should print the confirmation page. In addition, the fee is $75.

Certificate of Incorporation

The DE Division of Corporation provides sample forms with instructions and fees. You can submit the entity forms via mail or by Document Upload Service. In case of mailing, you should put a cover sheet with your name or entity name, phone number, and return address. You can download the cover sheet online.

In case of any questions, feel free to contact the office at 302-739-3073.

Submitting Your Completed Certificate For Filing

To submit your finalized request, you will need to use the Delaware Upload Service or mail. In addition, you have to pay all filing fees upon submission.

Note that mail delivery times can vary because of the postal service provider. Requests will not be accepted via fax or email.

How Long Will it Take to Process My Filing/Document Request?

The Secretary of State tries to make sure that all official papers and filing requests are processed in a reasonable time. Normal processing takes up to three to five working days. However, due to the pandemic, DE has 30-45 days of backlog.

The expedited processing time is one to two working days. However, in this case, you have to pay an additional $50-$200.

Registered Agents

Below you will find information regarding the role of Registered Agents and how you can change them.

The Role of Registered Agents

A Registered Agent provides the link between the company and the area in which it is included. In this country, the Registered Agent is the link between you and the local Division of the Corporation. In addition, the agent is responsible for receiving and forwarding legal documents to clients.

How Do I Change My Registered Agent?

If you want to change your Registered Agent, you need to file an official paper with the Division of Corporations.

Certificates & Apostilles

There are two types of authentication of public documents. Specifically, you can apply for apostilles in person or by mail. For each authentication, you need to pay $30.

Documents Filed With the Secretary of State

When you need to request an apostille for documents filed with the department, the certification for each document should be separate.

Notarized Documents

In some cases, a DE notary public will notarize a document that will be filed outside of the country. In this case, the notary might be asked for proof of her or his appointment.

You can acquire this verification from the Delaware Secretary of State, Division of Corporations. Also, the client who needs the notarization should check with the country for more details.

Official Signatures

DE Secretary of State, Division of Corporations, offers authentication of public officials’ signatures on documents. In addition, if the official paper is going to be used outside of the United States, the country of destination decides which type of certification is needed.

The fee for apostille and other verifications is $30 per document.

List of Countries and Territories

In general, an authentication certificate is attached to documents for those countries that are not a party to the Hague Convention. Further, apostilles do not need any other diplomatic legalization. However, certificates have to be processed by the U.S. Department of State before being sent to the designated countries.

Business License

For some types of business activities, there might also be a need to obtain a Delaware business license.

Submitting a Request

Filing Requests

Note that you should submit all appeals with a cover memo. The letter must include the name and the address of the applicant. You can submit your documents online through Document Upload Service. If you want to submit via mail, use the Filing cover memo.

Moreover, official papers must also be typed with black ink on 8.5″ by 11″ paper. Note that you have to make the payment at the time of filing.

Certification and Copy Requests

• You must mention the type of document that you are asking for. You will also be able to add additional information.
• Apostille and gold seal requests have to include the name of the country that they are prepared for.
• You should make the payments on time.
• The checks have to be payable to the “DE Secretary of State.”

Make sure to fulfill all the above-mentioned requirements to succeed in all processes.