Guide · Verified November 2026

How much does it cost to incorporate in Delaware?

The Delaware Division of Corporations lists a state filing fee of $109 for a certificate of incorporation on its fee schedule revised August 1, 2026, and notes that the amount varies based on stock. Every Delaware corporation must also keep a registered agent in the state and pay an annual franchise tax of at least $175, with a $50 annual report fee.

The state filing fee

A Delaware corporation, the entity founders usually mean by a C-corp, is created by filing a certificate of incorporation with the Division of Corporations. The Division's fee schedule lists the state filing fee for an incorporation at $109 and marks it as an amount that varies based on stock.

The schedule explains that the listed amount covers the filing fee, receiving and indexing fee, data entry fee, municipality fee and county recording fee for a one page document. Each additional page adds $9 in county recording fees. A certified copy of the filed certificate costs $50.

Reserving a name first is optional. The Division will hold an entity name for a period of 120 days for a fee of $75.

Expedited service

Faster handling is sold separately. For an incorporation, the schedule lists a 24-hour fee of $50 and a same day fee of $100. Two hour service costs $500 and one hour service costs $1,000 per document.

The Division states that these fees are in addition to the fees for the filing itself, and that processing times may vary during its busy season.

The registered agent requirement

Under 8 Del. C. § 132, every corporation must have and maintain a registered agent in Delaware. The Division of Corporations adds that the registered agent must have a physical street address in Delaware.

A business physically located in Delaware may act as its own registered agent. A company with no Delaware office appoints an agent there and pays that agent's fee, which is a private charge and not a state fee.

Franchise tax and the annual report

Incorporating is a one time cost. Franchise tax is not. Annual reports and franchise taxes are due on or before March 1 of each year. The filing fee for the annual report of a non-exempt domestic corporation is $50.

Under the Authorized Shares method, a corporation with 5,000 shares or less pays the minimum tax of $175. A corporation with 5,001 to 10,000 shares pays $250, and each additional 10,000 shares or portion thereof adds $85.

The second method, the Assumed Par Value Capital method, has a minimum tax of $400. The Division instructs corporations to use the method that results in the lesser tax. Both methods have a maximum tax of $200,000. A corporation that misses the March 1 deadline owes a penalty of $200 plus 1.5% interest per month on tax and penalty.

What a law firm adds

State fees form the corporation. They do not produce bylaws, stock issuances or founder agreements. Hart David Carson LLP forms a Delaware C-Corp for a flat fee of $2,500 plus Delaware and registered agent fees, itemized before the client engages. The first call is free.

Banks sometimes ask for proof of the new company's status. The Division charges $50 for a short form certificate of status.

Confirm fees before you file

These figures were checked against the Delaware Division of Corporations in November 2026. Fees change, so confirm current amounts with the Division. This page is general information, not legal or tax advice.

Sources

Each figure and rule above comes from the official source listed here, read in November 2026. Fees and statutes change, so confirm the current figure with the state before you file.

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship.

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Frequently asked

What is the Delaware fee to file a certificate of incorporation?

The Division of Corporations fee schedule revised August 1, 2026 lists a state filing fee of $109 for an incorporation and notes that the amount varies based on stock.

What is the minimum Delaware franchise tax?

Under the Authorized Shares method, a corporation with 5,000 shares or less pays the minimum tax of $175. The annual report filing fee for a non-exempt domestic corporation is $50.

Does a Delaware corporation need a registered agent?

Yes. Under 8 Del. C. § 132, every corporation must have and maintain a registered agent in Delaware.

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