Delaware Company Formation
The gold standard for US business formation. Over 68% of Fortune 500 companies and the vast majority of VC-backed startups are incorporated in Delaware. The Court of Chancery, business-friendly laws, and universal investor acceptance make Delaware the default choice for serious businesses.
Delaware Entity Types
Delaware offers several entity types, but the LLC and C-Corp dominate. Your choice depends on whether you seek tax flexibility (LLC) or venture capital compatibility (C-Corp).
| Structure | Cost | Timeline | Tax Rate | Best For |
|---|---|---|---|---|
| LLC (Limited Liability Co.) | $90 filing + $300/yr | 1-3 days | Pass-through (0% state) | Solo founders, consulting, e-commerce, holding |
| C-Corporation | $89 filing + franchise tax | 1-3 days | 21% federal + franchise tax | VC-backed startups, IPO path, foreign investors |
| S-Corporation | $89 filing + franchise tax | 1-3 days | Pass-through | US residents, tax optimization |
| LP (Limited Partnership) | $200 filing | 1-3 days | Pass-through | Investment funds, real estate |
US Banking for Non-Residents: The Real Challenge
Here is the truth that budget platforms do not tell you: forming a Delaware LLC takes one day. Opening a US bank account as a non-resident can take months, if it happens at all. Mercury, the former go-to for remote founders, has significantly tightened approvals since 2024.
Hyperform guarantees your US bank account. We maintain relationships with Mercury, Relay, Brex, and traditional banks that accept non-resident applications. If we cannot open your account, you do not pay for banking.
of non-resident applications face delays or rejection
US banking has become the primary bottleneck for international founders. Hyperform solves this with guaranteed account opening.
US Immigration Through Business
Forming a US company can be a pathway to US residency through several visa categories, though each has specific requirements beyond simple company ownership.
E-2 Treaty Investor Visa
Requires $100K+ investment in a US business and citizenship of a treaty country. Unlimited 2-year renewals. Does not lead directly to a green card but allows indefinite US presence.
L-1 Intracompany Transfer
Transfer from a foreign parent company to its US subsidiary. Requires 1+ year employment at the foreign entity. L-1A (managers) can lead to EB-1C green card.
EB-5 Investor Green Card
Permanent residency through $800K-$1.05M investment creating 10 US jobs. Processing time 2-4 years. The only direct investment-to-green-card pathway.
Delaware Regulatory Environment
Delaware's Division of Corporations handles entity formation. The Court of Chancery, a specialized business court with no jury trials, provides predictable and expert resolution of corporate disputes. This is a key reason VCs insist on Delaware incorporation.
Delaware LLCs with no Delaware presence pay $300/year in franchise tax with minimal filing requirements. C-Corps pay franchise tax based on authorized shares or assumed par value method. Annual report filing is required.
Key Regulatory Facts
- No state income tax for entities with no Delaware operations
- Court of Chancery for specialized business disputes
- $300/yr franchise tax for LLCs
- C-Corp franchise tax based on shares (minimum $400/yr)
- No sales tax on digital goods
- Strong asset protection for LLC members
- No requirement to disclose members/managers publicly
- Federal 21% corporate tax applies to C-Corps
Why Form Through Hyperform in Delaware
Guaranteed Banking
We do not charge for banking if we cannot deliver it. Your formation is not complete until your bank account is open and operational.
Published Pricing
No hidden fees. No surprises after you commit. Our pricing is fixed-fee and all-inclusive, published before you engage.
Multi-Jurisdiction
Delaware is often part of a larger architecture. We structure across jurisdictions as one coherent engagement.
Ready to form your
Delaware company?
Schedule a confidential discovery call. We will map your activities to the right structure and provide a fixed-fee proposal within 48 hours.