Frequently Asked Questions
Can you tell me more about Startup Documents?
Startup Documents is an online incorporation service and document generator for lawyers and high-growth technology startups. The service was founded by Leila Banijamali, an entrepreneur and experienced startup lawyer in San Francisco, as a document solution for other startup lawyers and startup founders seeking a do-it-yourself model. We provide legal forms and self help tools to enable lawyers and startup founders to automate the Delaware Incorporation Process and to generate various startup documents. All of the legal forms and articles on our site have been drafted or authorized by experienced startup lawyers in San Francisco and the Silicon Valley. We have been vetted by some of the top venture capital firms and stand by our service 100%.
Why should I incorporate my startup in Delaware?
Can I still form a Delaware corporation if I am located in a different state or country?
Yes, you can! Many startups that are formed in Delaware actually have a principal place of business outside of the state of Delaware. This is quite common. The first step would be to incorporate in Delaware, purchase and sign the Delaware Post Incorporation Documents, and then file any state-specific or country-specific requirements wherever your startup is headquartered. For example, California-based businesses that incorporate in Delaware must subsequently file a foreign qualification to do business with the Secretary of the State of California. We may help you with any qualifications to do business in California (just contact us
) and your registered agent may assist you with this for other states. You will need to check with your own state or local office to determine whether there are any additional filing requirements.
What do I need in order to incorporate in Delaware?
You will need information such as the full name and address of the incorporator (this can also be the attorney filing on behalf of a client), name and address of your preferred registered agent (we provide a good option if you don’t already have one), number of authorized shares, and par value of shares. Our questionnaire will provide you with some general information about each of these items to assist you in completing the process on your own. You may read through the questionnaire in advance without purchasing it so you can learn more about the information you will need to collect. You may also start the questionnaire, save it, and complete it later on.
What do I need in order to purchase the Delaware Post Incorporation Documents?
You will need some of the same information that you provided for your Certificate of Incorporation along with other items such as Director and Officer information, founder stock details, among other things. Like our Incorporate in Delaware package, the Delaware Post Incorporation Documents questionnaire will provide you with some general information about each field to assist you in completing the process on your own. You may read through the questionnaire in advance without purchasing it so you can learn more about the information you will need to collect. You may also start the questionnaire, save it, and complete it later on.
If I sign my documents electronically on Startup Documents, will my electronic signature be valid?
Absolutely! We use HelloSign, a trusted electronic signature provider, to provide you with industry-standard e-signing. The connection to HelloSign is secure and encrypted, using AES-256 bit SSL (Secure Sockets Layer). This is the same level of encryption used by leading banks and government agencies. You will receive a transaction summary (audit trail) with every electronic signature so that you can keep tabs on your signing transaction history. Finally, our signature process complies with the U.S. ESIGN Act, the Uniform Electronic Transactions Act (UETA), and the European EC/1999/93 Directive regarding electronic signatures and transmissions.
Will you file the Certificate of Incorporation on my behalf with the State of Delaware?
Unless you select your own agent, our agents at Harvard Business Services
will file your signed Certificate of Incorporation with the State of Delaware. Our flat fee of $300 includes the state filing fee, the agent's handling fee, and the registered agent fee for the first year ($50 automatic renewal on an annual basis and billed to you directly).
What if I want to use a different registered agent and file the Certificate of Incorporation on my own?
No problem! You would purchase the “Incorporate in Delaware” package on our site, select “other” in the registered agent field, and only pay the $79 fee to generate an electronically-signed Certificate of Incorporation document in your “My Documents” folder. You may then provide your Certificate of Incorporation to your registered agent of choice, who will complete the filing on your behalf and bill you directly.
Can I preview the documents before purchasing them?
Yes! After you have fully completed the questionnaire, you will be able to preview the document prior to finalizing and making the purchase. You may also share the document preview screen with your lawyer or other members of your team for feedback.
Are there any recurring fees?
There are no recurring fees with us. If you select the registered agent that we offer in the “Incorporate in Delaware” package, you must pay their annual registered agent fee, which is important in order to maintain your corporate status with the State of Delaware. After you purchase the Incorporate in Delaware package, any agent fees you incur must be paid directly to your selected agent.
How do I make changes to the forms after I have completed them?
The Certificate of Incorporation that is generated from the Incorporate in Delaware package may be edited until you pay for it, at which point, it becomes a PDF and will be stored in your “My Documents” folder. You may be able to make additional changes using a PDF editor. However, if you use the registered agent we offer on our site to help you file your Certificate of Incorporation, no further changes can be made and the generated form will be immediately filed with the State of Delaware.
What do I do after I have purchased the Incorporate in Delaware package?
After purchasing the Incorporate in Delaware package, startup founders tend to purchase the Delaware Post Incorporation Documents package, which you may find on our
page. The Delaware Post Incorporation Documents package includes a number of documents that will address rules around the general management of your venture, founder stock, confidentiality and invention assignments, and more.
How can I get support?