Delaware Domestic Non Profit Articles of Incorporation Form

In the case of wanting to create a domestic non-profit corporation in the State of Delaware, the following form has to be completed and submitted. A $89 fee has to be submitted along with this form.

Extracted Text for Proper Search

Delaware Division of Corporations 
 401 Federal Street – Suite 4 
 Dover, DE 19901 
 Ph: 302-739-3073 
 Fax: 302-739-3812 
 
 
Certificate of Incorporation 
for Exempt Corporation 	
 
 	
Dear Sir or Madam:  
 	
Enclosed please find a form for a Certificate of Incorporation for an Exempt Corporation to be filed 
in accordance with Sections 102 and 391 (j) of the General Corporation Law of the State of Delaware.  The 
fee to file the Certificate is $89.00.  If your document is more than 1 page, please include $9.00 for each 
additional page. You will receive a stamped “Filed” copy of your submitted document. A certified copy 
may be requested for an additional $50. Expedited services are available. Please contact our office 
concerning these fees or you may consult our fee chart at www.corp.delaware.gov.  Please make your 	
check payable to “Delaware Secretary of State”. 
 
In order to file as an exempt corporation you must meet the requirements of 	
§ 501(b)	 as follows:  
“…the term “exempt corporation” shall be defined as any corporation organized under Chapter 1 of Title 8 
that:  	
1) is exempt from taxation under § 501(c) of the United States Internal Revenue Code or any 
similar provisions of the Internal Revenue Code, or any successor provisions: 
2) qualifies as a civic organization under § 8110(a)(1) of Title 9 or § 6840(4) of Title 16; 
3) qualifies as a charitable/fraternal organization under § 2593(1) of Title 6; 
4) is listed in § 8106(a) of Title 9; 
5) is organized primarily or exclusively for religious or charitable purposes; or 
6) (i) is organized not for profit; and (ii) no part of its net earnings inures to the benefit of any 
member or individual.” 	
 
For the convenience of processing your order in a timely manner, please include a cover letter with 
your name, address and telephone/fax number to enable us to contact you if necessary. Please make sure 
you thoroughly complete all information requested on this form. It is important that the execution be 
legible, we request that you print or type your name under the signature line.  
 
Thank you for choosing Delaware as your corporate home. Should you require further assistance in 
this or any other matter, please don’t hesitate to call us at (302) 739-3073.  
 
 
 
 Sincerely,  
 
  Department of State  
 Division of Corporations 
 encl. 
 rev. 12/11

Special Instructions – Certificate of Incorporation for Exempt Corporation 
 
This form is to be used as a Template only. The following instructions will help 
you in correctly completing your Incorporation Certificate. The instructions will 
be numbered to correspond with the article it is referencing. 
 
1.  The name of the corporation exactly as you wish it to appear in our 
records.  Please visit our website to verify the availability of the name.   
 
2.  List the name and address of the registered agent located in Delaware you 
are appointing to accept service of process for the corporation. 
 
3. If the company is an exempt non-profit corporation please put that verbiage 
in this article. Please note that the IRS requires specific verbiage be in the 
Certificate of Incorporation when applying for tax-exempt status with the 
Federal Government.  Please contact them at 1-800-829-4933 or 1-800-
829-3676 or 	
www.irs.gov/charities	 to obtain their requirements. 	
 
4. No action required. 
 
5. List the conditions of membership for the corporation.  If the conditions of 
the membership shall be stated in the by-laws please state that fact in this 
article. 
 
6. List the name and mailing address of the Incorporator for the corporation.  
Please note that the corporation itself cannot be the Incorporator. 
 
Execution Block - The document must be signed by the Incorporator listed in 
Article 6 of the document pursuant to Section 103 of Title 8.  The name of 
the person must be typed or written legibly underneath the signature. 
 
This form contains information required by statute; if you need to add additional 
information permitted by statute you may draft a new document.  Please feel free 
to call our office at 302-739-3073 for assistance in completing this form or visit 
our website at www.corp.delaware.gov.  
 
 
Sincerely, 
Delaware Division of Corporations

TAX-EXEMPT CORPORATIONS 
  	
The Delaware Division of Corporations only requires a statement indicating that you 
are a non-profit corporation however the Internal Revenue Service has additional 
requirements. If you are filing a non-profit corporation, please contact the Internal 
Revenue Service for their requirements. In most cases, this federal agency requires 
certain language (501 c 3) be included in the Certificate of Incorporation. If this 
wording is not present when you apply to the IRS for the tax-exempt status, they will 
possibly reject it and you may have to file another document to correct this and pay 
additional fees. The sample form our Division provides does not allow space to include 
this language so you will have to use our form as a guideline and draw up your own 
Certificate of Incorporation and insert the IRS language. The Delaware Division of 
Corporations encourages you to contact the IRS at 1-800-829-4933 or 1-800-829-3676 
or on the Web at www.irs.gov/charities and file your documents accordingly.

STATE of DELAWARE 

CERTIFICATE  of INCORPORATION 

A  NON-STOCK CORPORATION
 	
____________________________________________________________________. 	
 ______________________________________ 	 	
       __________________________________	________________  	
       	County of 	_________________	Zip Code	_______.  	The name of the registered agent	   
      	
 is	 __________________________________________________________________  
___________________________________________________________________. 	
           	 ____________________________________________________  
	
____________________________________________  
	
_____________________________________	_____________  
	
•  I, The Undersigned,  for the purpose of forming a corporat ion under the laws of the State of 
Delaware, do make, file and record  this Certificate, and do certify that the facts herein stated 
are true, and I have accordingly he reunto set my hand this  	
_______________________	day of	 
_____________________________	
, A.D. 20	___________.  	
BY:	____________________________________ 	
(Incorporator) 	
            NAME:	_________________________________ 	
(type or print)