Delaware Nonprofit Articles of Incorporation
Nonprofit articles of incorporation is the document filed to create a Delaware nonprofit corporation.
Preparing and filing your articles of incorporation is the first step in starting your nonprofit corporation. Approval of this document secures your corporate name and creates the legal entity of the nonprofit. Only after this approval can you apply for 501c, apply for fundraising licenses, open a bank account, and otherwise conduct business.
Benefits
Incorporating provides many important benefits:
- Limits the liability of directors, officers, and shareholders
- Fulfills statutory requirements to register your organization's name
- Is a prerequisite for applying for 501(c) tax exemption
- Provides governance and adds credibility to the business or organization
Fast Facts
| Agency: | Delaware Department of State - Division of Corporations |
| Form: | |
| Filing Method: | Mail, fax, or online. |
| Agency Fee: | $109 + $9 for extra pages + optional $50-$1000 expedite fee |
| Turnaround: | ~3 weeks. ~24 hours for $50 state expedite fee. Same-day for $100 state expedite fee. ~2 hours for $500 state expedite fee. 1 hour for $1,000 state expedite fee. |
| Law: | |
| Notes: | Include a cover letter. |
Other Helpful Delaware Facts
As you are preparing to incorporate, keep in mind the following requirements specific to Delaware, keep in mind:
Delaware Directors
- Number: minimum 1
- Qualifications: Natural person. No residency requirement. No membership requirement.
- Term: until successor elected and qualified
- Quorum: majority
- Committee: minimum 1 director
Delaware Officers
- Defined in bylaws or board resolution. One officer prepares minutes of the directors' and members' meetings and keeps a record book.
- Term: until successor elected and qualified
- Two or more offices may be held by the same individual.
Delaware Members
- Members: Required, but failure to have members shall not affect otherwise valid corporate acts or work a forfeiture or dissolution of the corporation.
- Annual meeting: required if members entitled to vote for directors, unless elected by written consent in lieu of a meeting
- Quorum: 1/3rd votes
