You have a validated product or service, your first US customer is lined up, and the conversation with an American VC or SaaS buyer just turned serious. They want equity. They want a Delaware C-Corp. And suddenly you need to understand how to legally exist in a jurisdiction whose Secretary of State portal you have never touched, whose IRS forms do not match your CA knowledge, and whose annual compliance has nothing to do with the Companies Act 2013. KAMRIT Financial Services LLP closes that gap. We handle Delaware C-Corp formation end-to-end for Indian founders, operators, and cross-border businesses from our Mumbai and Bengaluru offices, working directly with the Delaware Division of Corporations under the Delaware General Corporation Law (DGCL). From name reservation and registered agent appointment through IRS EIN procurement and initial corporate governance setup, we deliver a fully operational US entity without you having to navigate the Delaware SOS portal alone. Our compliance team tracks both federal and state-level obligations so your new entity does not hit year one with a suspended status or a forgotten franchise tax notice.
What is USA C-Corp Incorporation (Delaware) in India 2026?
A Delaware C-Corporation is a legal entity incorporated under Chapter 1 of the Delaware General Corporation Law (DGCL), separate from its shareholders, capable of issuing multiple classes of stock, and subject to the jurisdiction of the Delaware Court of Chancery for corporate law disputes. Unlike a US LLC, a C-Corp is the required structure if you plan to raise equity from US venture capital funds, issue employee stock option pools (ESOPs), or list on a US stock exchange. Delaware does not require a physical office in the state but mandates a registered agent with a physical Delaware address for service of process under DGCL Section 131. The incorporation is filed with the Delaware Division of Corporations, and the resulting entity receives a Certificate of Incorporation as its primary formation document. Post-incorporation, the entity must obtain an Employer Identification Number (EIN) from the IRS under Treasury Regulation Section 301.6103-1, file an initial Incorporator's Statement, adopt bylaws and resolutions, and comply with Delaware franchise tax obligations under DGCL Section 510. Indian businesses incorporating a Delaware C-Corp are also subject to reporting under the Foreign Exchange Management Act (FEMA) and the Reserve Bank of India outward remittance guidelines for capital account transactions.
Who needs this
Delaware permits incorporation of for-profit C-Corps for any legal person regardless of nationality or residence. However, certain business profiles and owner characteristics determine whether a C-Corp is the right choice versus an LLC, and whether Indian promoters face additional FEMA compliance steps.
- Any individual aged 18 or above, or any legal entity (including Indian companies, LLPs, and trusts) may serve as incorporator or initial shareholder of a Delaware C-Corp
- Indian founders planning to raise equity from US-based venture capital or angel investors must use a C-Corp structure as investors universally prefer this entity type for portfolio companies
- Businesses intending to issue ESOPs or restricted stock units (RSUs) to employees require a C-Corp as LLCs cannot easily accommodate equity compensation plans under US securities law
- Entities planning a US IPO, direct listing, or SPAC merger must be a Delaware C-Corp as US exchanges do not list LLCs as primary tickers
- Indian companies with US revenue exceeding USD 1 million annually and wanting to repatriate profits as dividends should evaluate a C-Corp for US tax efficiency and treaty benefits
- Founders who are Indian tax residents must declare US-source income from the C-Corp in their Indian ITR under Section 5 of the Income Tax Act 1961 and may claim foreign tax credit under Section 90
- If total overseas assets or turnover exceeds the FEMA reporting threshold, the Indian promoter must file Annual Performance Report (APR) and Single Master Form (SMF) on the RBI FIRMS portal
- A minimum of one share of common stock must be issued at incorporation, with par value typically set at USD 0.0001 per share
- Non-residents of the US are not barred from incorporation but must appoint a US-based registered agent, a service KAMRIT provides as part of the base package
- Businesses in sectors subject to US export controls (EAR/ITAR) or OFAC sanctions screening must complete additional compliance checks before Delaware approves the name reservation
Documents required
KAMRIT requires a standardised document package before filing with the Delaware Division of Corporations. Documents are verified against original copies via video verification or courier, and translated or apostilled where required by FEMA guidelines.
- Passport copies of all Indian promoters and directors with validity beyond 6 months (KYC compliance under FEMA inbound/outbound guidelines)
- PAN Card and Aadhaar Card of Indian promoters (required for RBI reporting and Indian tax credit documentation)
- Proof of residential address for each promoter dated within 60 days (utility bill, bank statement, or lease agreement)
- Passport-sized photographs (digital and physical) for each director
- Company Registration Certificate and MoA/AoA if an Indian corporate entity is acting as shareholder or director
- Board Resolution or Shareholders Agreement from an existing Indian entity authorising the US incorporation and appointing US directors (if applicable)
- Details of the intended registered agent in Delaware (KAMRIT provides this as part of the package; form DC-1 or DC-2 not required separately)
- Proposed names for the corporation (minimum one priority name) for name availability search with the Delaware Division of Corporations
- Intended capital structure including number of authorised shares, par value, and share classes (common and preferred) for inclusion in the Certificate of Incorporation
- Intended US directors and officers with names, addresses, and roles (minimum one President, one Secretary, one Treasurer under DGCL Section 142)
- IRS Form SS-4 application for EIN (KAMRIT prepares this on the promoter's behalf after incorporation) with supporting documentation
- RBI-specific outward remittance documentation including FEMA Form A2 for capital account transactions and KAMRIT's own compliance checklist
How KAMRIT runs it, step by step
KAMRIT's Delaware C-Corp formation process is structured across eight stages from kickoff to the first annual compliance calendar. Stages one through three are managed by KAMRIT's compliance team. Stages four and five involve the Delaware Division of Corporations and the IRS respectively. Stages six through eight are KAMRIT-controlled post-formation deliverables.
- KYC Verification and Document Intake. KAMRIT's compliance team receives the document package and verifies each item within 2 business days. KYC is conducted under FEMA guidelines and the promoter's identity is matched against PEP and sanctions screening databases. Any missing or expired documents are flagged for replacement before filing proceeds. This stage gates all downstream work and typically takes 2 to 3 business days depending on document quality.
- Name Availability Search and Reservation. KAMRIT files a name availability search with the Delaware Division of Corporations under DGCL Section 102(a)(1). If the preferred name is available, a name reservation is filed for 90 days under DGCL Section 102(d) at an additional fee of USD 75. If the preferred name is taken, KAMRIT presents three alternatives within 24 hours. Name reservation is valid for 120 days from the filing date and can be extended once.
- Certificate of Incorporation Drafting and Filing. KAMRIT drafts the Certificate of Incorporation specifying the corporate name, registered agent, registered office address, authorised share capital (typically 10,000,000 shares at USD 0.0001 par value), and number and class of directors. The draft is shared with the client for review and digital signature. Once approved, KAMRIT files the Certificate with the Delaware Division of Corporations via their online business entity filing portal. Standard processing takes 24 to 48 hours; same-day rush filing is available for an additional USD 50.
- Delaware Division of Corporations Approval and Certificate Issuance. The Delaware Division of Corporations reviews the filing and, if compliant, issues a Certificate of Incorporation with a filing number. The Division typically responds within one business day for online filings and 3 to 5 business days for mailed filings. KAMRIT downloads the certified copy from the Division portal and transfers it to the client along with the certified filing number. This document serves as proof of legal existence for US bank account opening and investor due diligence.
- IRS EIN Procurement via Form SS-4. With the Certificate of Incorporation in hand, KAMRIT files IRS Form SS-4 (Application for Employer Identification Number) on the IRS EIN Online portal. The IRS assigns an EIN within 4 business hours for online filings. This EIN is mandatory for opening a US business bank account at institutions such as Mercury, Relay, or First Republic, for filing Form 1120 (US Corporate Income Tax Return) annually, and for employee payroll through providers like Gusto or Rippling. KAMRIT receives the EIN confirmation letter via email and forwards it to the client within 1 business day of issuance.
- Corporate Governance Setup (Bylaws, Resolutions, Initial Officers). KAMRIT drafts and delivers the company's bylaws, initial board resolutions appointing the President, Secretary, and Treasurer, an Incorporator's Statement under DGCL Section 112, and first organisational board resolutions authorising bank account opening and any preliminary contracts. These documents are prepared in US corporate law format and do not require any Indian regulatory filing. They are delivered as a signed PDF package within 3 business days of EIN receipt.
- Registered Agent Appointment and Delaware Annual Report Filing. KAMRIT serves as the client's Delaware registered agent for the first year under a dedicated service agreement. This includes accepting service of process, forwarding mail, and managing the annual franchise tax and biennial report filings required under DGCL Section 510 and 510A. KAMRIT monitors the Delaware due dates and notifies the client 60 days in advance of each annual obligation. The first annual Delaware report filing is due by March 1 of the following calendar year.
- Post-Formation Compliance Calendar and Indian Tax Briefing. KAMRIT prepares a 12-month compliance calendar covering US federal and Delaware state obligations (federal income tax filing deadline of April 15 with extensions to October 15, franchise tax, beneficial ownership reporting under the Corporate Transparency Act) and Indian-side obligations (foreign asset reporting in ITR, APR filing with RBI if applicable). A one-hour briefing call with the client and their CA is scheduled within 7 days of incorporation completion to align expectations on both sides of the compliance stack.
Timeline
From the date KAMRIT receives a complete and compliant document package, the typical end-to-end timeline from kickoff to a fully operational Delaware C-Corp with EIN in hand is 8 to 12 business days. The KAMRIT-controlled document verification and preparation stages (steps 1 to 3) account for 3 to 5 business days under normal circumstances, extending to 7 to 10 days if document remediation is required. The Delaware Division of Corporations processing stage (step 4) is regulator-controlled and runs 1 to 3 business days for standard online filings with the Division. IRS EIN procurement via Form SS-4 (step 5) is the fastest stage at 4 business hours to 1 business day on the IRS online portal. Corporate governance setup and post-formation deliverables (steps 6 to 8) add another 3 to 5 business days. Rush filings at the Delaware level (same-day service at USD 50 additional) can compress the total timeline to 4 to 5 business days. Indian FEMA compliance steps, particularly the Form A2 remittance process through the designated bank, may add 3 to 5 additional business days depending on the remittance bank's internal processing cycle and whether the transaction qualifies under the automatic route or requires prior approval under the FEMA 1999 regulations.
How our pricing compares
KAMRIT's USA C-Corp Incorporation (Delaware) service is priced at a flat INR 70,000 plus USD 799 base fee, which covers government filing fees, the first-year registered agent service, EIN procurement, and the full corporate governance document package. The government filing fee component at the Delaware Division of Corporations runs approximately USD 89 for the base Certificate of Incorporation filing, USD 75 for name reservation if used, and USD 50 for the same-day rush filing option. IndiaFilings prices a comparable Delaware C-Corp package at approximately INR 65,000 plus government fees, but their package does not include mail forwarding or a dedicated compliance calendar, and their EIN procurement is offered as a paid add-on at INR 3,500. Vakilsearch lists a similar service at INR 72,000 with a 15-day standard turnaround, approximately 3 to 5 days slower than KAMRIT's 8 to 12 business day timeline. ClearTax charges INR 85,000 for US incorporation services and bundles US income tax filing for the first year, though their base service excludes the registered agent appointment which must be sourced separately at USD 50 to USD 100 per month. LegalRaasta offers a basic Delaware incorporation at INR 55,000 but this rate excludes the Certificate of Incorporation drafting, EIN filing, and annual report management, requiring clients to purchase these as modular add-ons at additional cost. KAMRIT's all-inclusive pricing is positioned in the mid-to-premium range, justified by the inclusion of a US business address with mail forwarding, a dedicated compliance calendar for both US and Indian obligations, and the IRS SS-4 filing without add-on charges. No competitor named above includes mail forwarding within their base Delaware incorporation package at comparable price levels.
Common mistakes KAMRIT avoids
First-time incorporators making the Delaware filing without professional guidance tend to encounter avoidable errors that create compliance gaps, additional costs, or delays. KAMRIT flags the following mistakes explicitly during onboarding to ensure the formation record is clean from day one.
- Filing with an incorrect or missing registered agent, which renders the Certificate of Incorporation void under DGCL Section 131 and causes service of process to fail
- Specifying the wrong share structure in the Certificate of Incorporation, creating downstream difficulties when investors require anti-dilution preferred shares at a later funding round
- Failing to obtain an EIN before attempting to open a US bank account, resulting in account applications being rejected by Mercury, Relay, or SVB as they require the EIN prior to account activation
- Missing the Delaware biennial report filing deadline on March 1 of every even-numbered year, triggering a USD 200 late penalty and potential administrative dissolution under DGCL Section 510
- Neglecting the Corporate Transparency Act (CTA) Beneficial Ownership Information (BOI) reporting requirement, which obligates most newly formed Delaware C-Corps to file BOI with FinCEN within 90 days of formation beginning in 2024
- Filing FEMA Form A2 without the correct purpose code for equity remittance, causing the designated bank to reject or delay the wire transfer to the newly formed Delaware entity
- Assuming the Delaware C-Corp entity satisfies Indian income tax filing obligations automatically, when Section 5 of the Income Tax Act 1961 requires foreign-sourced income to be declared separately in ITR Form 1 or ITR Form 6
- Allowing the registered agent address to lapse by not renewing the annual agent service, which results in the Delaware entity appearing as delinquent on the Division's public records and deterring investor due diligence