Articles on: Company Formation

Post-Incorporation Setup for Your Delaware C Corporation

After your Delaware C Corporation is incorporated, there are several important steps to complete before your company is fully operational. This post-incorporation checklist ensures your business is properly set up for compliance, banking, and equity issuance.


Why Post-Incorporation Setup Matters


Incorporation is just the first step. Many startups also need to complete the following to be fully operational:


  1. Incorporation — File Certificate of Incorporation with Delaware
  2. Post-Incorporation Setup — Bylaws, officer appointments, share issuance
  3. Stock Plan Adoption — Reserve shares for employees and advisors
  4. Foreign Qualification — Register to do business in states where you operate


EasyFiling is one of the few online services that covers this entire process.


Checklist: Post-Incorporation Setup


1. Draft and Adopt Corporate Bylaws


Bylaws govern the internal rules of your corporation. Once drafted, they must be formally adopted at your initial board meeting.


2. Hold Your Initial Board Meeting


At this meeting, the board should:


  • Adopt the bylaws
  • Appoint corporate officers (CEO, CFO, Secretary)
  • Approve issuance of founder shares
  • Authorize opening a corporate bank account


Document the meeting with written minutes.


3. Issue Shares to Founders


Prepare and execute:


  • Restricted Stock Purchase Agreements for each founder
  • Stock certificates (physical or electronic)
  • Stock ledger entries


Founders must pay for their shares on the date of the agreement. Most pay by check (keep a copy), PayPal, wire transfer, or ACH.


Typical share allocation:

  • ~8,000,000 shares to founders
  • ~1,000,000 shares reserved for a stock plan
  • ~1,000,000 shares unissued for future use


4. File Section 83(b) Election (If Shares Have Vesting)


If your shares are subject to vesting, file an 83(b) election with the IRS within 30 days of the share issuance date. Missing this deadline can result in significant tax consequences.


5. Obtain an EIN


Apply for your Employer Identification Number (EIN) from the IRS. This is required to:


  • Open a U.S. business bank account
  • Hire employees
  • File federal taxes


See our guide: How to Get an EIN for Your Delaware Startup


6. Open a Corporate Bank Account


Most banks require:


  • Certificate of Incorporation
  • Corporate bylaws
  • Board resolution authorizing the account
  • Appointed officers


You do not need to visit the U.S. — EasyFiling provides bank account setup guidance 100% remotely.


7. Foreign Qualification (If Operating Outside Delaware)


If your company does business in another U.S. state (especially where you or your team are located), you may need to foreign qualify in that state. This typically requires:


  • A state-specific registration filing
  • A registered agent in that state
  • Keeping your address updated with state authorities


8. Adopt a Stock Plan


Adopting an equity incentive plan early helps you:


  • Reserve shares for future employees and advisors
  • Minimize California securities filing fees (based on share value at adoption)
  • Avoid complex re-approvals later when your cap table gets complicated


When Should You Complete All This?


Most startup attorneys recommend completing all post-incorporation steps at formation or shortly after. Delaying increases complexity and cost.


EasyFiling can help with every step of post-incorporation setup. Contact our team or start your setup now.

Updated on: 21/02/2026

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