Delaware Certificate of Incorporation A Public Benefit Corporation of (Name of Corporation)
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The Delaware Certificate of Incorporation Public Benefit Corporation is geared to allow corporate entities, wishing to assume public benefit status, to apply for the right to conduct business as such. This form should be accompanied by a cover filing memo, any required documents, and full payment for the state filing fee ($89.00 + $9.00 per additional page). Other amenity fees such as expediting or certification should also be paid in full at the time of submittal. The expediting service has several levels, each of which (except Priority 7) will require a fee. Priority 1 will allow the articles to be processed within one hour for a fee of $1000.00. Priority 2 will allow the articles to be processed within twho hours for a fee of $500.00. Priority 3 and 4 are reserved for expediting same day processing or 24 hour processing respectively. Since, this will depend upon many factors, one must contact the Delaware Division of Corporation to gain a fee assessment.

The submittal package may be delivered to Delaware Division of Corporation, 401 Federal Street – Ste 4, Dover, DE 19901 or faxed to (302) 739-3812. Payments may be submitted as a check payable to “Delaware Secretary of State” or by credit card, if mailing the articles but, if submitting by fax, payment may only be made by credit card.]

How to File

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Step 1 – Download the State of Delawar Division of Corporation Corporate Cover Memo here: The Delaware Division of Corporation will accept other cover memos, for instance if the Incorporator wishes to use letterhead however each piece of information reproted on this memo must be present.

Step 2 – The first row of boxes will require you choose the Processing Priority Level. Each on will require an additional expediting service fee. Priority 1 will expedite the filing to one hour and will require an additional $1,000.00 payment. Priority 2 will expedite the filing to two hours and will require a filing fee of $500.00. You may also choose to expedite to either the same day (Priority 3) or within 24 hours (Priority 4) howver you will need to contact this office directly for the specific fee involved. You may do so by calling (302) 739-3073.

Step 3 – In the Submitter’s Information Section, the submitter of these articles must provide his/her Full Name, Return Address, City/State/Zip Code on the first three lines. The next three lines will ask for an Attention Name (if a business entity), Phone Number, Fax Number, E-Mail Address, and Account Number of the Submitter.

Step 4 – The next section will require Certification Request Information. This will only need the Name of the Corporation being formed and a filing number if applcable. If you do wish to certify the returned documents you must fill in this section and include an additional payment of $50.00.

Step 5 – Below this, indicate which documents you wish returned and certified in the “Type of Certification Requested” section. This may be done by checking the appropriate box. If there is a check payment then include the Check Number and the Payment Amount on the last line of this section. Make sure the check is payable to “Delaware Secretary of State.”

Step 6 – The box on the right will be a section titled “Method of Return.” Here indicate how the return package should be sent to you. You may choose Messenger/Pick Up if you have made alternate arrangements. You may also choose Express Mail if you have an account with a delivery service (Such as UPS, FEDEX, or USP), make sure to include your account number if this is the case. Finally, you may choose to receive your materials via regular mail or through a specific method not mentioned. If there is a specific method not mentioned then choose the box labeled “Other” and specify the process/method. You may only choose one of these.

Step 7 – Next, you must go to the “New Entities” page of the Delaware Division of Corporation website. This is located here: http://corp.delaware.gov/newentit09.shtml. Locate the link labeled “Public Benefit Corporation” to download the articles.

Step 8 – In the First Article, report the unique and legal name of the Public Benefit Corporation being formed.

Step 9 – In the Second Article, identify the Registered Agent who has agreed to receive the service of process if the corporation is sued. On the fist line, enter the Street Address and the City where the Registered Agent is located. On the second line, enter the County and Zip Code where the Registered Agent is located. Finally on the third line, enter the full name of the Registered Agent.

Step 10 – In the Third Article, you must define the public benefit purpose this corporation will fulfill. You must be specific about what this public benefit is and how the corporation will accomplish it.

Step 11 – In the Fourth Article, report the total number of stock shares the forming public benefit corporation is authorized to issue on the first available blank line. On the second available line, report the par value for each share.

Step 12 –In the Fifth Article, document the Full Name of this Incorporator on the first line, the Incorporator’s full Mailing Address, and the Zip Code the Incorporator lives in. All Incorporators who wish to be considered as such, must make sure to report this information on a separate sheet of paper attached to these articles.

Step 13 – In the last paragraph make sure to enter the date these articles are being signed. Then each Incorporator must sign and print his/her name at the end of this form. If more than one Incorporator wishes acknowledgement as an Incorporator then his/her signature and printed name must be reported on a separate sheet of paper and attached to these articles.

Step 14 – Make sure both the Corporate Certificate Cover Memo and the Delaware Certificate of Incorporation A Public Benefit Corporation of (Name of Corporation) have been completed accurately. These two documents should accompany all required and supporting paperwork and should be filed by mail or by fax. Note, you must make sure full payment of the filing fees are submitted at the time of filing. The filing fee is $89.00 + $9.00 for each additional page. Any additional services must be paid in full with this fee as well.

To Submit By Mail, Send To:

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

To Submit by Fax, Send To:

(302) 739-3812