Incorporation basics
What is incorporation?
Incorporation is the legal process of creating a corporation. In the US, it generally happens through a state filing. It is different from registering a domain, choosing a business name, getting an EIN, or opening a bank account.
By Corply · Updated
Incorporate, form, and register: what is the difference?
- Incorporation
- Creating a corporation under the relevant jurisdiction's law. In Delaware, this involves a Certificate of Incorporation filed with the state.
- Company formation
- A broader term for establishing an entity, including a corporation or an LLC. An LLC is not a corporation.
- Business registration
- An umbrella term that can also refer to tax, trade-name, licensing, or out-of-state registrations. Ask which registration is meant.
- EIN
- The IRS-issued federal tax ID. It identifies the business for federal tax administration; it does not create the state-law entity.
- Registered agent
- The designated recipient for service of process and official notices. It is not automatically your everyday business mailing address.
What changes when you incorporate?
You establish a legal entity with its own governance and records, separate from the people who own it. That separation is a reason to be careful about who signs contracts, how shares are issued, and where money and records are kept.
Incorporation is not a promise of tax savings, complete personal-liability protection, investment, or permission to operate in every location. The right structure depends on the business and its owners. Get qualified advice when that choice is unclear.
What does a Delaware startup file?
A Delaware corporation files a Certificate of Incorporation. Its charter identifies the entity and includes required corporate details. The company also needs a Delaware registered agent. Reserving the name is optional and is not the same as forming the company.
After the accepted filing, keep the certificate and complete the relevant organizational documents, approvals, and founder stock work. An EIN application is a separate IRS process. Our step-by-step Delaware incorporation guide covers the sequence.
Can software handle incorporation?
Software can collect the application, prepare documents, coordinate approvals, and track a filing. A chatbot that only drafts text has not incorporated anything. The important question is whether it is connected to a service that can carry out the workflow and retrieve the accepted result.
Corply connects that Delaware C-Corp workflow to Codex, Claude Code, and other compatible AI agents. You can ask questions in context while keeping control of your approvals and signatures. Read how incorporation with an AI agent works.
Where should I begin?
If you are still deciding what to form, start with how to start a company in the US. If you know you need a Delaware C-Corp, compare filing it yourself, using a service, working with counsel, and using an AI agent.
Do it from your agent
Corply runs the guided flow through one natural conversation: application, documents, founder review and signatures, and a human-reviewed Delaware filing.
FAQ
- What does it mean to incorporate a company?
- It means legally forming a corporation. For a Delaware corporation, the state filing is a Certificate of Incorporation. Internal governance, stock issuance, tax IDs, and banking involve further steps; the filing does not complete all of them.
- Is an LLC incorporated?
- An LLC is formed or organized, rather than incorporated as a corporation. People sometimes use incorporation loosely for any business formation, but an LLC and a corporation are different entity types. Corply's self-serve agent formation workflow covers Delaware C-Corporations; the homepage's other entity quotes use an operator request.
- Can I incorporate online?
- Yes. Delaware provides electronic filing services, and formation services can coordinate the process online. With Corply, a compatible AI agent guides the application and documents, founders review and authorize their steps, and the filing goes through Corply's reviewed submission workflow.
- Does incorporation automatically give me a bank account?
- No. A bank account requires a separate bank application and approval. The bank may require entity documents, tax information, ownership details, and identity verification. Incorporation alone does not guarantee an account.
Primary sources
This page is general education, not legal or tax advice, and reading it does not create an attorney–client relationship. Corply is operated by 0Lumen Labs Corp., is not a law firm, and routes questions that need individualized judgment to licensed professionals. Rules and fees change, so verify current requirements with the State of Delaware, the IRS, or your counsel.