Delaware Non Profit Organization

Guidelines to Starting a Delaware Non Profit

How to start a Delaware non profit organization:

You can form a charitable, public benefit, mutual benefit, or religious organization in Delaware with the Division of Corporations, by registering as a non profit corporation.

There are two options to start a non profit corporation in Delaware:
Delaware exempt corporation is formed by filing a Certificate of Incorporation for Exempt Corporation.
Or:
Delaware Non-stock Corporation by filing a Certificate of Incorporation for Non-Stock Corporation.

What’s the difference?

If your non profit will be applying for a tax exemption from the IRS, use the Delaware Certificate of Incorporation for Exempt Corporation form and be sure to add the needed tax exempt language. You can find this wording on our tax exempt page.
Use the Delaware Certificate of Incorporation for Non-Stock Corporation if you don’t intend to jump through all the tax exemption hoops. This type of corporation is typically for a community association, homeowners association, business association, or condo association.  Basically anything that is serving a limited amount of members and probably won’t have enough revenue to make it worth your time to even bother with tax exempt status.  Many Delaware nonprofits do not get tax exempt status.  If you do not get tax exempt status with the IRS, you just pay normal corporation income tax at the normal corporate tax rates.  Most people find this easier to manage, but limiting in the amount of big donors you’ll be able to attract.

How much does it cost to start a Delaware nonprofit organization?

The filing fee for Certificate of Incorporation of Exempt Corporation is $89. If the certificate is longer than one page, there is an additional $9 per page charge. Because of the added language required for tax exemption purposes, the articles will likely be two pages long making the filing fee $98. Generally, $50 expedited processing fee is also included making the total filing fee $148.

The IRS tax exemption application is pricey. See our tax exemption page in FAQ.

How long does it take to form a Delaware nonprofit organization?

Delaware Division of Corporations takes two to three weeks to process your incorporation request unless you pay the expedited processing fee, which is usually the case. It is only $50 for 24-hour processing.

Once you submit the completed IRS Form 1023, it will take five or six months to receive your tax-exempt status, if the review goes smoothly.

What types of endings are allowed when naming a Delaware non profit organization?

The name of the non profit corporation needs the word “association,” “company,” “corporation,” “incorporated,” or an abbreviation of those.

Are you required to list officers and directors for a Delaware nonprofit?

No. Save that list for your in-house bylaws.

Is there any specific language that must be included when filing to become a DE nonprofit?

Delaware only requires that you state that you are a non profit corporation. The certificate has attached instructions explaining some of the required language to qualify as tax exempt with the IRS. See our tax exempt language page in FAQ.

What are the annual fees to keep my Delaware nonprofit organization active?

Each non profit corporation will have to file an annual report with the Delaware Division of Corporations and pay a $25 fee. The report is due by March 31st.

What do I need to do to fundraise in Delaware?

Delaware has no statute requiring charities or fundraisers to register with the Department of Justice or any other agency. However, Delaware law states that any solicitor must identify their organization and the purpose for raising funds.

Delaware Non Profit Formation Agency:

Delaware Division of Corporations
401 Federal Street – Suite 4
Dover, DE 19901

Ph:  (302) 739-3073
Fax:  (302) 739-3812

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