How to Perform a Business Entity Search in Delaware

Delaware is a booming state for new businesses. With business-friendly laws, strong legal protection, and a specialized court system to handle business disputes, you are set up for success right away. If you are thinking about starting your own business or incorporating in Delaware, it’s important to search for the business name you are using. This article shares steps on searching for the right business entity and ensuring your business is set up for success. 

So let’s start off with the basics before moving on to how and why you should be performing a business entity search in the first place.

What Is A Business Entity?

A business entity is (according to NerdWallet) “an organization created by an individual or individuals to conduct business, engage in a trade or partake in similar activities.” The IRS lists the most common forms of business entities as sole proprietorships, partnerships, corporations, and S corporations. Whatever form the business entity takes on determines how that organization is taxed and how the business is held liable in the event of a lawsuit. Your business entity is what sets you apart from other businesses and makes sure that customers are able to differentiate you from other competitors in your industry.

When Should You Perform a Business Entity Search in Delaware?

The most common reason to perform a business entity search in the state of Delaware is to make sure that a particular business name is not already in use? If you are looking to form the business entity for your business, you need to make sure that another business is not already using the name you’d like to use to conduct business.

Some of the other reasons you may want to consider performing a business entity search in Delaware may include finding general entity details and performing research related to your industry.

What Are the Steps to Conduct a Business Entity Search in Delaware?

STEP 1: The first part of the business entity search process is going to this website on the State of Delaware’s Department of State page.

https://icis.corp.delaware.gov/ecorp/entitysearch/namesearch.aspx

STEP 2: You can search for an entity under the “General Information Name Search” bar by typing in either the Entity Name or the File Number. Since you won’t have the file number of any potential competitor filings, you’ll go ahead and use the “Entity Name” option.

STEP 3: Once you hit “Search”, the database will pull up any entity name that include the search terms in your query. When you click on an entity that is pulled up from your search, it will show the file number of the entity, the incorporation or formation date, the kind of entity (LLC, Corp, etc.), as well as the address, and phone number associated with the entity that was provided to the state at the time of entity formation.

Why is it Important to Conduct a Business Entity Search?

It’s important to conduct a business entity search to make sure that your desired business name is available for use within your particular state, that you can legally operate under that name within your particular state, that you avoid naming confusion with other businesses (even if you can legally operate under that name, and that you can access information about relevant business entities or competitors.

How to Form an LLC or Corporation in Delaware

Once you’ve completed your Business Entity search it’s time to form your Delaware LLC, Corporation, or other business entity that you’ve determined will best fit your business needs. We might be a little biased, but we think the best place to form your LLC or corporation is with MyCorportion!

But don’t take our word for it. Hear what some of our customer have to say about starting their businesses with us:

“As a new entrepreneur, MyCorporation was a huge influence in preparing me in becoming a better business owner!” -Charlie Hudson

“MyCorporation is the best! Every employee is so helpful! I’m so impressed with their ability to assist existing businesses and start-ups. They offered me so many services and an immense amount of information that helped guide my business in the right direction!” -Mckensie Brown

“I love this company. They know exactly what they’re doing and how to help your business become the best and most efficient. Better yet, they deliver exceptional service at a great price! Also, Kellie is very helpful at the office. She’s usually on the phones so make sure to ask for her!” -Andrea Douglas

How to Set Up a Registered Agent for your New Business

According to the Delaware government website, “Delaware Law requires every entity to appoint a Registered Agent with a physical office address in the State of Delaware. If the entity is not physically located in Delaware, they must appoint a Registered Agent to fulfill the requirement. Registered Agents are responsible for accepting Service of Process, as well as providing information for billing and tax obligations to the entities they represent.”

When you set up your LLC or Corporation, you’ll be directed to assign a registered agent to accept paperwork and be responsible as a middleman of sorts for connecting with the state to receive and send important documents.

Why Having a Registered Agent is Important

You can serve as your own registered agent for your business. But here are some reasons to consider having someone else appointed as the registered agent for your business:

1. If you want someone else with more time to handle compliance and additional paperwork with the state.
2. If your business is based at a home address and you don’t want your home being a part of your business public record.
3. If you travel away from your main business location regularly or you do business in multiple states.

There are other reasons to consider having a dedicated registered agent, but these are some of the most important ones.

What Comes Next?

In this article we covered how to perform a business entity search in Delaware, what a business entity is, when you should perform a business entity search, how and where to complete a business entity search, and some of the basic steps you’ll need to take when starting your own business. For more information and education on starting your own business, check out our business blog at MyCorporation.com!