The resources on this page explain the basic steps most business owners will need to take when starting or expanding a business in Delaware. If you are already a business owner, and want to find out about your legal requirements, visit our Operating a Business page.
Research and Plan Your Business
Use these tools and resources to help you prepare your business plan and become a successful business owner:
Get Business Training and Expert Advice
Take advantage of free training and counseling services
in your community. These services include everything from preparing a
business plan, to getting financing, to help with expanding and
relocating a business.
Select a Location
The location of your business is a major factor in its success or failure. Get advice about choosing a customer-friendly location and complying with zoning laws.
Finance Your Business
Unless you have a rich uncle, you probably will need some help to get started in business. Learn about government backed loans, venture capital and grants to help you get started.
Select a Business Name
For sole proprietorships and general partnerships, Fictitious Name
Certificates are registered in the Superior Court Prothonotary's office
in the county in which you are doing business:
New Castle County Fictitious Name Certificate
Kent County - call for form (302) 739-3184
Sussex County - call for form (302) 856-5742
Corporations, LLCs, LLPs, and limited partnerships register an assumed
name as part of their required business filings with the Delaware
Secretary of State.
For help selecting a business name that will attract customers, visit our How to Name Your Business guide.
Determine the Legal Structure of Your Business
If your business is a corporation, a non-profit, a limited liability
company or a partnership (limited, or limited liability) you must register with the state of Delaware. If your business is a sole proprietorship, you do not need to register your business with the state.
For help selecting a legal structure for your business, visit our Business Incorporation guide.
Get an Employer Identification Number (EIN)
An EIN is also known as a federal tax identification number, and is
used to identify a business entity. Employers with employees, business
partnerships, and corporations and other types of organizations, must
obtain an EIN from the U.S. Internal Revenue Service. The EIN is also
known as an Employer Tax ID and Form SS-4:
U.S. Internal Revenue Service
Phone: 1-800-829-4933
Register for State Taxes
Businesses that operate in Delaware are required to register for one or
more tax-specific identification numbers, licenses or permits,
including income tax withholding, sales and use tax (seller's permit),
and unemployment insurance tax. Contact the following agency for more
information about business registration and your tax obligations:
Obtain Business Licenses and Permits
In order to operate legally, most businesses require a business license
or permit issued by the state and your local government. The following
resources will help you determine your licensing requirements:
Employer Responsibilities
If you are a new employer, our Ten Steps to Hiring Your First Employee will walk you through the legal steps you must take to hire your staff.