Interactive Tool
Post-Incorporation Checklist for Delaware C-Corp Founders
Forming the company is only the first step. Track the legal setup that comes after incorporation — bylaws, initial board consent, founder stock, 83(b) elections, IP assignment, cap table setup, and the state filings that keep the company in good standing.
Post-incorporation checklist for Delaware C-Corp founders
Incorporating creates the company, but it doesn't finish the legal setup. This checklist covers the records, approvals, founder stock steps, and filings that usually need to happen right after a Delaware C-Corp is formed — the items investors and counsel look for first.
This page is the follow-on to our broader Startup Legal Checklist. When you're preparing for investors, continue with the Startup Due Diligence Checklist.
Setup progress
0%
Formation records
Save the filed Certificate of Incorporation
Keep the file-stamped version from Delaware in your company records. Investors and counsel will ask for it later.
Get an EIN and open a company bank account
The EIN is required for banking, payroll, and tax filings. A separate company account keeps company activity apart from personal activity from day one.
Adopt bylaws
Bylaws set the basic governance rules for the corporation — board size, meetings, officers, and voting. They should be adopted and stored with formation records.
Sign the initial board consent
The initial organizational consent typically adopts bylaws, appoints officers, authorizes founder stock, and sets the fiscal year. Without it, later approvals can sit on a shaky foundation.
Founder stock
Issue founder stock with board approval
Founder shares should be authorized by the board and issued through proper documents, not just recorded in a spreadsheet.
Sign founder stock purchase agreements
These agreements prove what each founder purchased, what was paid, and whether vesting and repurchase rights apply.
File 83(b) elections and keep proof
If founder stock is subject to vesting, the 83(b) election has a hard 30-day deadline from purchase. Keep the mailing proof and a stamped copy with your records.
Set up the cap table to match signed documents
The cap table should reflect exactly what was approved and signed — share counts, dates, vesting, and purchase prices.
IP & people
Assign founder IP to the company
Code, designs, inventions, and brand assets created before or during formation should be assigned to the company so it actually owns what it is building.
Put advisor and contractor agreements in place
Anyone contributing work should have an agreement that assigns their work product to the company and documents any equity promised.
Ongoing Delaware compliance
Track Delaware franchise tax
Delaware corporations owe annual franchise tax, due March 1. Missing it risks penalties and loss of good standing.
File the Delaware annual report
The annual report is filed with the franchise tax payment and keeps the company's state record current.
Fundraising readiness
Prepare for SAFEs before you sign them
Understand valuation caps, discounts, and MFN terms before signing, and keep every signed SAFE and side letter organized.
Store board approvals for financing actions
Equity issuances and financings generally need board approval. Missing consents are one of the most common diligence cleanup items.
Keep records diligence-ready
Formation, equity, IP, and financing documents should stay organized so an accelerator or investor review does not stall on missing paperwork.
Related resources
Startup Legal Checklist
A startup legal checklist for Delaware C-Corp founders covering incorporation, founder stock, 83(b), SAFEs, cap table cleanup, diligence, and ongoing compliance.
Startup Due Diligence Checklist
Prepare for investor or accelerator review with a startup due diligence checklist covering formation docs, founder equity, 83(b), SAFEs, cap table cleanup, IP, approvals, and company records.
SAFE Agreement Template
Use this SAFE agreement template guide to understand YC SAFEs, valuation caps, discounts, MFN terms, side letters, cap table impact, and diligence risks before raising.
Carta Alternative
Looking for a Carta alternative? Learn how Founders Form AI helps early-stage startups create, maintain, and check equity documents, SAFEs, approvals, and legal records before they need a full equity administration platform.
Cap Table Software vs Equity Automation
Compare cap table software and equity legal automation for startups. Learn how Founders Form AI helps create, maintain, and check equity documents, approvals, SAFEs, and legal records.
Stripe Atlas vs Clerky
Compare Stripe Atlas vs Clerky for Delaware C-Corp formation, startup legal documents, founder stock, 83(b), and what founders still need after incorporation.
Founders Form AI · Health Check
Not sure what's missing after incorporation?
The Founders Form AI Health Check reads your actual formation and equity documents to surface missing consents, unsigned stock documents, 83(b) gaps, and cap table mismatches before they become cleanup work. It's part of Operator.
The Health Check is part of the Operator plan. Not legal advice.