Rho incorporates your Delaware C corp for $400: attorney-reviewed documents, your EIN application filed for you, registered agent service covered for year one, and an account application in the same flow, subject to approval, before your EIN arrives.
Provider pricing (collected October 17, 2026): Stripe Atlas $500, Clerky $427 or $819; startup attorneys typically charge $1,500 to $5,000+.
Delaware raised many filing fees effective August 1, 2026, so check corp.delaware.gov before filing; franchise tax (often $400 to $500/yr under the assumed-par method) recurs annually on every path.
Raise-bound founders need a Delaware C-corp; certain-to-bootstrap founders can use an LLC, but converting later resets the QSBS clock.
The two deadlines that hurt most: the 83(b) election (30 days from stock issuance, immovable) and getting founder PIIAs signed before more work happens.
Incorporating a startup in 2026 comes down to four decisions: what entity to form (for venture-scale companies, a Delaware C-corporation), who prepares the documents (a template service, a law firm, or an attorney-reviewed platform), what it costs (Delaware raised many of its filing fees effective August 1, 2026: budget a few hundred dollars in state fees for a standard setup, plus provider fees from a few hundred dollars to $5,000), and what happens after: the EIN, the bank account, and the compliance calendar. This guide covers all four, with every cost dated and sourced. After you form your company, see what you need to open a business bank account once your company is formed.
Prefer a scannable version? Use our startup incorporation checklist to track every step from entity choice through post-incorporation setup.
Rho incorporates your Delaware C corp for $400, with every document reviewed and signed off by a licensed attorney and filed on your behalf. Your Rho account application opens in the same flow, subject to approval, before your EIN arrives; funds can move once the IRS issues your EIN and it attaches to your account.
When you incorporate a Delaware C-corp with Rho, account opening requires at least one US-based owner or officer, a physical US operating address, and a business outside Rho's excluded industries. Rho also forms LLCs for $349 all in, state filing fee included.
Is there a free way to incorporate a startup?
Not completely. Delaware charges at least $109 to file a certificate of incorporation under its current fee schedule, and Delaware corporations owe franchise tax and an annual report each year by March 1. You can avoid a service fee by filing with the state yourself, and some accelerators offer free incorporation to the companies in their programs.
Here are your options, compared on upfront cost, what each one handles for you, and what happens after you file:
File it yourself. You pay only the state fees. You also appoint a registered agent, apply for your EIN, and prepare your company documents on your own.
Go through an accelerator. Some accelerator programs cover incorporation for the companies they accept. Ask your program what it includes before you file.
Use a flat-fee service. You pay a set service price for help with the filing and the pieces around it, such as a registered agent and your EIN application. Check whether state fees are included.
We assess formation options on price, what's included, and whether a business account can open in the same flow as formation.
Best for founders forming a Delaware C-corp who want their company formed and a business account opened in the same flow, subject to approval. That is Rho. Rho forms a Delaware C-corp for $400. For a C-corp, registered agent service is covered for your first year, your EIN application is filed for you, and every formation document is reviewed and signed off by a licensed attorney. Rho also forms LLCs for $349 all in, state filing fee included. See the details at rho.co/product/incorporation.
When you incorporate a Delaware C-corp with Rho, account opening requires at least one US-based owner or officer, a physical US operating address, and a business outside Rho's excluded industries.
The best way to incorporate a startup
The best way to incorporate a startup depends on why you're incorporating. For venture-track founders, that's a Delaware C-corp through a provider like Rho that hands you attorney-reviewed documents and opens your account application in the same flow, subject to approval. Here's how that breaks down by situation:
Raising venture money. Form a Delaware C-corp through a provider like Rho that hands you attorney-reviewed documents and opens your account application in the same flow, subject to approval.
Bootstrapped, staying that way. An LLC is simpler to run and skips the double taxation a C-corp carries. Rho also forms LLCs for $349 all in, state filing fee included.
Genuinely non-standard situation. Co-founder disputes, IP tangled up with a prior employer, an unusual equity structure. Bring in a startup attorney, typically $1,500 to $5,000+, regardless of which entity you choose.
Not sure yet whether you'll raise institutional money? Default to the Delaware C-corp. Converting an LLC to a C-corp later resets the QSBS clock, so the venture-track structure is the safer starting point when you're undecided.
On the venture-track path, Rho incorporates your Delaware C corp for $400.
Every formation document is reviewed and signed off by a licensed attorney. Your EIN application (SS-4) is filed for you. Banking, invoicing, cards, and bill pay, all live the moment your account is approved. See the full incorporation offer at rho.co/product/incorporation.
Filing typically takes about 24 hours, starting the next business day after you submit. Our filing partner reports that about 80% of filings complete inside that window.
Stripe Atlas ($500) and Clerky ($427 or $819) are two common alternatives for this path. Stripe Atlas's document templates are created with a startup law firm, and Clerky is run by startup attorneys. When you incorporate a Delaware C-corp with Rho, your account application opens in the same flow, subject to approval.
For the full head-to-head on those two plus LegalZoom, see our Stripe Atlas vs. Clerky vs. LegalZoom comparison. This section is the verdict; that page is the detailed matrix.
What incorporation actually costs in 2026
For a full cost reference across states, services, and recurring fees, see how much it costs to incorporate.
Delaware revised its Division of Corporations fee schedule effective August 1, 2026. The published schedule for a certificate of incorporation, as of August 1, 2026, charges $109 minimum to file, $50 for 24-hour processing, $100 for same-day, $500 for two-hour, and $1,000 for one-hour.
For a standard venture-style Delaware C-corp (10,000,000 authorized shares), these are the costs to plan for:
Cost layer | What it is | Typical range (2026) |
Delaware state fees | Certificate of Incorporation filing; expedited service extra (raised Aug 1, 2026) | A few hundred dollars; see corp.delaware.gov |
Ongoing Delaware costs | Annual franchise tax (assumed-par method for standard startup setups) + annual report fee | Often $400 to $500/yr + $50 report |
Provider fees | Who prepares and files your documents | Varies by provider (breakdown below) |
Provider formation fees (competitor prices collected October 17, 2026):
Provider | Formation fee | Documents |
Rho | $400 | Attorney-reviewed and filed on your behalf; your SS-4 (EIN application) is filed for you |
Stripe Atlas | $500 | Templates created with a startup law firm |
Clerky | $427 (pay per use) or $819 (Company Lifetime Package) | Templates; company run by startup attorneys |
Startup attorney | $1,500 to $5,000+ | Bespoke |
First decision: C-corp or LLC?
There are five entity structures available to US founders, but for most startups the choice reduces to two.
Choose a Delaware C-corp if you plan to raise venture capital, or think you might. VC funds almost universally cannot invest in LLCs: pass-through taxation creates tax problems for their institutional LPs, LLCs can't issue the preferred stock every term sheet is built on, can't grant ISOs to employees, and don't qualify for QSBS treatment. If an investor hasn't brought this up yet, they will.
An LLC often wins for bootstrapped businesses: simpler setup, fewer compliance requirements, and profits flow straight to members without corporate-level tax. If you're certain you won't raise institutional capital, an LLC (often in your home state) is a legitimate answer, and converting later is possible, though a conversion resets your QSBS holding-period clock, which can cost real money at exit.
Sole proprietorships and general partnerships offer no liability protection and can't take investment cleanly; S-corps can't issue preferred stock, which rules out VC financing entirely. They're fine structures for other kinds of businesses, just not for startups built to scale.
Why Delaware and not your home state
Delaware's dominance isn't sentimental. The Court of Chancery, a specialized business court with judges, not juries, has produced the deepest, most predictable body of corporate case law in the country, which is exactly what your investors' lawyers are pricing in when they require it. Many funds' terms explicitly require or strongly prefer Delaware. Delaware also imposes no state corporate income tax on revenue earned outside Delaware.
You don't have to live or operate there. Delaware is purely the entity's legal home; you'll register as a foreign corporation in the state where you actually operate and pay taxes there.
The recurring cost of that choice: Delaware franchise tax (due March 1) plus a $50 annual report fee. Use the assumed-par method, which typically produces a $400 to $500 bill for a standard startup rather than thousands.
When to incorporate
The practical rule: incorporate when the company needs to own something.
That means immediately if any of these apply: you're writing code or building product (IP created before incorporation belongs to the individuals who made it), you're taking any money (a SAFE needs a legal entity to receive it), you're hiring anyone including contractors, you're applying to an accelerator (most require a Delaware C-corp at funding), or you have a co-founder (unincorporated collaboration means ambiguous IP ownership and no vesting).
Earlier is also cheaper at exit: the QSBS holding-period clock starts when your stock is issued. For stock issued after July 4, 2025, founders can exclude up to $15 million (or 10x basis) in capital gains from federal tax, with partial exclusions beginning at year three. Every month you wait is a month off that clock.
How to incorporate: your options
Rho ($400). Rho incorporates your Delaware C corp for $400. Every formation document is reviewed and signed off by a licensed attorney and filed on your behalf. Filing typically takes about 24 hours, starting the next business day after you submit. Your SS-4 (EIN application) is filed for you after the Delaware certificate, registered agent service is covered for your first year, and your Rho account application opens in the same flow, subject to approval, before your EIN arrives. Start at rho.co/product/incorporation.
When you incorporate a Delaware C-corp with Rho, account opening requires at least one US-based owner or officer, a physical US operating address, and a business outside Rho's excluded industries.
Stripe Atlas ($500). Document templates are created in collaboration with a startup law firm, and Stripe states that you'll be incorporated within two business days. A good fit for founders already in the Stripe ecosystem.
Clerky ($427 or $819). Run by startup attorneys, with template-based formation documents and post-incorporation paperwork (SAFEs, board consents, hiring). The $427 Pay Per Use incorporation includes expedited filing service and first-year registered agent service; the $819 Company Lifetime Package adds unlimited use of Clerky's standard fundraising, hiring, commercial, and maintenance products.
A startup attorney ($1,500 to $5,000+). Worth it for genuinely non-standard situations: complex co-founder structures, IP entangled with a prior employer, founder disputes, unusual equity arrangements. For a standard formation, you're paying a large premium for the same documents.
DIY / generic legal sites. The lowest sticker price, but you handle every step and document yourself, and generic templates can need cleanup before a fundraise.
What happens step by step
Certificate of Incorporation is prepared and filed with the Delaware Division of Corporations. This legally creates the company.
Registered agent is appointed (every Delaware corporation must maintain one; with Rho it's included for year one).
EIN (SS-4) is filed with the IRS after the certificate comes back. US founders with an SSN get an EIN quickly; without a US SSN or TIN it goes by fax and takes longer.
Governance documents are executed: bylaws, incorporator and board consents, indemnification agreements.
Founder stock is issued: stock purchase agreements with vesting, IP assignment (CIIAA/PIIA), and your 83(b) election, which must be filed within 30 days of stock issuance. That deadline does not move, and missing it is the single most expensive administrative mistake a founder can make.
Bank account and money movement. Investor funds can't commingle with personal accounts. You need a business account before the first dollar moves.
With a Rho C-corp, the certificate is filed on your behalf, registered agent service is covered for your first year, your EIN application is filed for you, and every formation document is reviewed and signed off by a licensed attorney. For step 6, your Rho account application opens in the same flow, subject to approval.
The day after: where most guides stop
Incorporation isn't done until the company can receive and spend money. Three things, immediately:
File your 83(b) within 30 days. No exceptions, no extensions.
Sign PIIAs: every founder, before any more work happens. A founder who leaves without one may own a piece of the product.
Open the business bank account. This is the step the traditional path makes slow, because most banks' onboarding is built around an EIN you may not have yet. When you incorporate a Delaware C-corp with Rho, your account application opens in the same flow, subject to approval, before the EIN arrives; funds can move once the IRS issues your EIN and it attaches to your account.
Then set up your cap table (accurately, from day one: reconciling a messy early cap table during diligence is expensive) and calendar your Delaware franchise tax.
International founders
Supported for the Delaware C-corp. When you incorporate a Delaware C-corp with Rho, account opening requires at least one US-based owner or officer, a physical US operating address, and a business outside Rho's excluded industries. Founders without a US SSN or TIN can still incorporate a Delaware C-corp with Rho and apply for a Rho account, subject to approval. The IRS requires their EIN application to go by fax, so the EIN takes longer to arrive.
What incorporation does not include
No formation service makes these go away: Delaware franchise tax is yours every year; you'll likely need to register as a foreign corporation in your operating state; and taxes, 409A valuations, and legal advice for non-standard situations (multi-jurisdiction structures, complex IP, founder disputes) genuinely call for a lawyer. Budget for those separately, whoever forms your company.
Once you have chosen Delaware, our Delaware C corp guide covers current filing fees and share structure, and the 83(b) election guide covers the 30-day deadline that follows your stock issuance.
Related incorporation guides
The full ranking: See our roundup of the best incorporation services for startups, scored on price, speed, and what comes after filing.
The real cost: Our guide to how much it costs to incorporate breaks down first-year totals for three founder profiles.
Shopping on price: Our cheapest incorporation service comparison ranks every major provider by true first-year cost.
The three-way matchup: Our Stripe Atlas vs Clerky vs LegalZoom comparison settles the classic head-to-head.
What we built: The Rho Incorporation launch announcement explains Delaware C-corp formation and banking in one flow.
Ready to incorporate? Rho Incorporation forms your Delaware C corp with attorney-reviewed filings, includes your first year of registered agent service, and opens your Rho account in the same flow, subject to approval. Banking, invoicing, cards, and bill pay, all live the moment your account is approved.
FAQs
Not entirely. Every state charges a fee to form a company, and in Delaware the minimum to file a certificate of incorporation is $109, with franchise tax and an annual report due each year by March 1. You can avoid a service fee by filing with the state yourself, and some accelerators offer free incorporation to the companies in their programs. If you'd rather have the filing handled for you, Rho forms a Delaware C-corp for $400. Rho also forms LLCs for $349 all in, state filing fee included. State taxes and annual fees still apply each year after formation.
In Delaware, you pay at least $109 to file a certificate of incorporation, and the fee can be higher depending on your stock structure. After that, Delaware corporations owe franchise tax and an annual report each year by March 1. Filing yourself also means you appoint a registered agent, apply for your EIN, and prepare your company documents on your own.
Provider fees range from a few hundred dollars to $5,000+: Rho incorporates your Delaware C corp for $400, Stripe Atlas charges $500, Clerky charges $427 or $819, and startup attorneys typically charge $1,500 to $5,000+ (competitor pricing collected October 17, 2026). Delaware's fee schedule, revised August 1, 2026, starts at $109 to file a certificate of incorporation, and Delaware franchise tax (often $400 to $500/year for standard startup setups using the assumed-par method, plus a $50 annual report) recurs annually. Check corp.delaware.gov for current fees.
If you plan to raise venture capital, a Delaware C-corp: VC funds generally can't invest in LLCs, which also can't issue preferred stock, grant ISOs, or qualify for QSBS. If you're bootstrapping and certain you won't raise institutional money, an LLC is simpler and avoids double taxation. Converting an LLC to a C-corp later is possible but resets your QSBS holding-period clock.
When the company needs to own something: before you write product code, take any money, hire anyone (including contractors), apply to an accelerator, or split work with a co-founder. The QSBS holding-period clock also starts at stock issuance, so delay has a real cost at exit.
Not for a standard Delaware C-corp. With Rho, every formation document is reviewed and signed off by a licensed attorney. Bring in your own startup attorney for non-standard situations: co-founder disputes, IP from a prior employer, complex international tax, or unusual equity structures.
