Delaware Company Registration
for Non-U.S. Residents
You don’t need U.S. citizenship or residency to form an LLC or a corporation. You can start a business in Delaware from pretty much anywhere in the world.
You DO, however, need a local registered agent, which is a service we offer from the building we own here in the state capital. Our $29 Delaware Registered Agent service is the most affordable and comprehensive you’ll find in the state, and our low prices are consistent across the board — even for our international clients.
Even better? Registered agent service is automatically included with our incorporation service. You’ll even get online business support services for FREE!
I have worked with this company repeatedly. Their pricing is fair; their services are excellent; and whenever there’s been an issue they’ve been quick to address it.
– H Morse, Google Review
What You Get with A Registered Agent, Inc.
Upon signup, the following products will be yours for no additional upfront fees:
- Secure Online Account
- Professional Business Address
- FREE Mail Forwarding
- Domain + Website + Email + Phone #
(FREE for 90 days) - Filing Experts at Your Fingertips!
What’s a Delaware Registered Agent?
A registered agent is a person or an entity that accepts important legal or state documents on your behalf then forwards those documents on to you (the business) in a timely fashion. Almost all companies registered at the state level in the U.S. are required to have a registered agent on file with the Secretary of State (or equivalent office).
Why are registered agents required in Delaware?
Having a registered agent is basically a security measure for the state to ensure that important forms, messages, and legal notices are received by someone, so nothing big slips through the cracks.
Can anyone be my DE Registered Agent?
Your registered agent in Delaware must:
- Be a person, or an entity (like us).
- Have a physical address in the state.
- Be available at that address during normal business hours.
Because your RA is responsible for delivering important legal documents to you on behalf of your business, having a reliable registered agent is crucial.
Get a Reliable Registered Agent
with a Stable Address
We provide Delaware Registered Agent service from our home office right here in the heart of Dover, DE. Unlike many registered agent providers, we own our building so our address (your address) will remain stable and secure.
Best of all? Our service is only $29 a year!
D.I.Y. Guide: How to Register a Business in Delaware as a Non-U.S. Resident
In Delaware, an LLC or Corporation is formed with the Delaware Division of Corporations. This makes Delaware your “domestic state.” Outside of your “domestic state” (Delaware), your Delaware LLC or Delaware corporation is considered a “foreign entity.” So, if you form a corporation in Delaware and plan to do business in Pennsylvania, your company will be considered a Foreign Corporation in Pennsylvania.
Here are the 5 steps you’ll need to take to start a business in Delaware as a non-U.S. resident:
1. Name Your Company
Find a name for your business by performing a name availability search on the Division of Corporation’s website. Once you’ve found an available name, you are NOT required to reserve it. The name will automatically belong to your business entity once Delaware has recorded your company’s LLC or corporation filing.
What is an entity name reservation, and when would I need to do that?
Reserving an entity name with the Delaware Division of Corporations prevents other businesses from using that name. This could be a good option if you’re not quite ready to file your formation documents, but want to make sure your desired name remains available to you.
You can do this by filing a Name Reservation Application with the Delaware Division of Corporations. Whether you’re reserving a name for an LLC or a corporation, the state charges a $75 fee to retain your name for up to 120 days.
2. Hire a Delaware Registered Agent
You must maintain a Delaware registered agent at all times to keep your Delaware company in good standing. (Being in “good standing” essentially means maintaining the ability to legally operate in the state.) Since most of our foreign clients don’t maintain a residence in the United States (let alone in Delaware), the easiest way to secure a registered agent is to hire a professional registered agent service.
Having a registered agent is required by law and must maintain a physical address and keep regular business hours in the state, which, since you do not live in the United States, are requirements you cannot meet.
Who can serve as a registered agent?
Technically, anyone over the age of 18 with a full-time address in Delaware can be your registered agent. This means you could try to list a relative or friend as your registered agent, but doing so comes with some risk.
For one thing, this person would need to be available at their listed address during regular business hours. Plus, being a registered agent would involve them in your personal business notifications and put an unneeded burden on them to legally accept your legal documents. If that’s not enough to deter you, consider this: your registered agent’s name and address become part of the public record, meaning their personal contact information is there for anyone with an internet connection to find.
A better option? Pay $29 a year for the safety and security of a professional.
3. File Certificate of Incorporation or Certificate of Organization
The name of the formation document you’ll need to file depends on the type of entity you plan to form.
- A Certificate of Incorporation is for a corporation.
- A Certificate of Organization is for a Limited Liability Company (LLC).
Many foreigners choose to form a corporation because, in most cases, corporations are better aligned with other country’s rules and regulations.
What do I need to include on Delaware business formation documents?
Whether you’re forming a corporation or an LLC, you’ll need to include the same basic information:
- Name of Entity
- Name and Address of Registered Agent
- Signature from an Authorized Person
In addition to the above, corporation’s also need to include:
- Total Number of Authorized Stock
- Name and Address of Incorporator
How do I submit my formation documents to the Delaware Division of Corporations?
You can file these documents with the state, by mail, in person, or online.*
By Mail or In Person:
Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901
Online: DCC Document Filing
Filing online is only available during the following times:
- Monday – Thursday: 7:45 a.m. – 11:59 p.m. (EST)
- Friday: 7:45 a.m. – 10:30 p.m. (EST)
- Closed on weekends and holidays.
*Note that online filings use a document upload system, which still require you to fill out a paper form.
4. Obtain an EIN
In order to file and pay taxes in the United States, your Delaware company will need to obtain Employer Identification number (EIN). After the state sends verification that your articles of organization (LLCs) or articles of incorporation (corporations) have been processed, you can apply for an EIN by filing Form SS-4 with the Internal Revenue Service (IRS). The IRS accepts EIN applications online, by phone, or by mail. The form is one page and comes with clear-cut instructions.
5. File a Beneficial Ownership Information Report
As of March 26th, 2025, most non-US LLCs/corpoations are required to file a Beneficial Ownership Information (BOI) Report with the Financial Crimes Enforcement Network (FinCEN). The deadline for filing your BOI Report depends on when your business was formed.
The deadline for existing reporting companies (defined by FinCEN as non-US companies registered within the US) to file the BOI Report is April 25, 2025. New businesses will have 30 days from their formation to file. We’ll keep our pages up to date as court rulings play out, so you’re not left out of the know about this important business filing.
Helpful Tips for Starting a Business in Delaware as a Non-U.S. Resident
- One Person: You only need one person to start a Delaware LLC or Delaware corporation. There is no need to gather multiple people before you begin the formation process.
- Minimal Information: Delaware doesn’t ask for personal information on your formation documents, so there is no need to pay a company a high fee for nominee service.
- EIN: You get a federal tax ID yourself, or you can hire us to do it for you when you sign up for formation service.
- Apostille: This certificate is often required for international business. If you need an apostille, you can add that at the bottom of our sign up form, too.
- Corporate Supplies: A corporate book and seal legitimizes your business, which can be important for conducting business from abroad. This is also available on our sign-up form.
Ready to start your business the easy way?
What to Know About Maintaining Your Business
Annual Filings
In order to keep your business entity active, you’ll need to keep up with the state’s mandatory, annual filings. Note that the requirements are different for corporations and LLCs.
- Corporations must submit an Annual Report & Franchise Tax.
- LLCs only need to pay an Annual Tax of $300—they do not need to file an annual report.
Annual reports and Delaware Corporate Franchise Taxes (a minimum of $175) are due each year by March 1, and the LLC annual tax is due each year by June 1.
NOTE: All our clients who form corporations are automatically enrolled in our compliance filing service. This means you won’t have to worry about whether you’ve missed your annual report deadline – we’ll stay on top of it for you!
Opening a Bank Account
One of the most commonly asked questions about forming a business in the United States from abroad is how to open a business bank account. Opening a U.S. bank account is difficult if you are not here. Most people actually have to fly into the U.S. and physically walk into a branch to set up an account. The good news, however, is you don’t need to open a business bank account in the state where you formed your company.
We do not assist in setting up U.S. bank accounts. (Frankly, no one can really help you do that very well.) However, when you form your business with us, you’ll get access to all the business documents you’ll need to set up a U.S. bank account, like Corporate Bylaws or an LLC Operating Agreement.
Paying U.S. Taxes
Non-U.S. citizens cannot be shareholders in a company that has S-corp tax status, which means:
- Corporation. If you own a corporation you’ll need to be taxed as a C-corp (the default tax designation).
You’ll pay the same taxes that any other U.S. corporation would on all U.S.-sourced income. Your Delaware corporation would also be taxed on all foreign earnings, in accordance with U.S. Treasury regulations. Since your corporation will have been formed in the United States, it will be taxed as a domestic corporation, which means you’ll have to file Form 1120. - Limited Liability Company. If you own an LLC, you can choose to be taxed as a partnership (the default tax designation for multi-member LLCs) or a disregarded entity (for single-member LLCs). Alternatively, an LLC can choose to be taxed as a C-corp.
As a non-U.S. resident, your Delaware LLC will only be taxed on income from U.S. sources, meaning that income from other countries will not be factored into what you owe. Any profits from U.S.-sourced income will be taxed by 30%. At the end of the year, you will file your U.S. taxes on Form 1040-NR.
Unlike corporations, LLCs must designate a tax withholding agent to calculate the proper amount that must be sent to the IRS before any money can be released. Because of these difficulties, many non-U.S. residents choose to form corporations. However, the benefit of an LLC is that you can do business strictly outside of the U.S. without owing any U.S. taxes.
C-corp
S-corp
Partnership
Disregarded Entity*
Corporation
✓
X
X
X
LLC
✓
X
✓
✓
* Note that only Single-Member LLCs can be classified as “disregarded entity.” (Multi-Member LLCs are classified as “partnership” by default.)
Frequently Asked Questions
What’s the difference between a Delaware LLC and a Delaware Corporation?
With a Delaware LLC, ownership comes in the form of membership interests. In other words, the members of an LLC are also the owners.
With a Delaware corporation, ownership comes in the form of shareholder stocks. These stock certificates do not need to be physically made and distributed. They can just be logged on an internal company record that keeps track of how many stocks each shareholder owns. The shareholders, in turn, elect the directors of the corporation, and the directors elect the officers (such as president, treasurer, and secretary).
Do I have to pay taxes for my Delaware company if I don’t live in the U.S.?
All companies registered to do business in the state of Delaware are required to pay state and federal taxes. (To pay taxes for your business at the federal level, you’ll most likely need an EIN from the IRS.) In addition to corporate taxes, Delaware Corporations are responsible for a Corporate Franchise Tax & Annual Report, while LLCs pay a flat Annual Tax of $300.
Is there a way for me to receive business mail at a Delaware address?
Mail Forwarding Service gives you a unique address at our building in Dover, DE (pictured). We’ll receive all your mail, then scan and upload it to your secure online account the same day we receive it.
- Registered mail will automatically be forwarded to you.
- Business mail will be forwarded according to the mail forwarding package you choose.
- Junk mail will be shredded!
Need more mail? You can pay a one-time document unlock fee, or upgrade to another mail forwarding package to view more documents.
See all options on our Mail Forwarding and Virtual Office pages.
Why Form a U.S. Company
with a Registered Agent?
As registered agents, our job is to receive important notices and legal documents from the state on your behalf, and make sure they get to you right away. As your eyes and ears on the ground in the U.S.,
we’ll be looking out for your business at all times.
Plus, we offer a slew of support services. When you get registered agent or business formation service, you can add our Delaware Business Presence package, which gives you everything you need to get your business online! Or, sign up for Mail Forwarding or Virtual Office to get the tools you need to run your business from anywhere in the world!
A Registered Agent, Inc. Ratings
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