The first 30 days after incorporating are about finishing the legal setup so the company actually owns its IP and the founders actually own their stock. Get your EIN right away, finish the post-incorporation documents in the first week, file every founder’s 83(b) election within 30 days of the stock issuance, and then open a bank account, register in your home state and set up payroll, bookkeeping and a cap table. Miss the 83(b) deadline and nothing else on this list will matter as much.
Key takeaways
- The 83(b) deadline is 30 days from the date the stock is issued, with no extensions. It can now be filed online.
- An EIN applied for online is issued immediately.
- Founders should sign stock purchase agreements and IP assignments in the first week, before anyone writes more code for the company.
- US companies no longer have to file beneficial ownership (BOI) reports with FinCEN.
- Delaware’s franchise tax and annual report are due every March 1, starting the year after you incorporate.
What should I do in the first 30 days?
| When | What to do |
| Day 1 | File the certificate of incorporation. Apply for an EIN online. |
| Week 1 | Sign the post-incorporation documents: action of incorporator, bylaws, initial board consent, stockholder consent approving the equity plan, founder restricted stock purchase agreements with vesting, and each founder’s IP assignment and confidentiality agreement. |
| Week 1 to 2 | Open a bank account. Founders pay for their stock. Start the cap table and the minute book. |
| By day 30 | Each founder files an 83(b) election. Register in your home state if it isn’t Delaware. Set up payroll before anyone is paid and bookkeeping before money moves. |
| Every year | Delaware franchise tax and annual report by March 1, your home state’s annual report, a 409A valuation before option grants, and board and stockholder consents for major decisions. |
Which legal documents come right after incorporation?
Filing the certificate of incorporation creates the company, but it doesn’t issue any stock or move any IP. The post-incorporation documents do that: an action of incorporator appointing the first board, bylaws, an initial board consent that appoints officers, approves founder stock and adopts the equity plan, a stockholder consent approving the plan, a restricted stock purchase agreement for each founder, and an IP assignment and confidentiality agreement from each founder. Founders sign those too.
Do this in the first week, for two reasons. The 83(b) clock starts when the stock is issued, and any code or IP a founder creates before assigning it to the company belongs to the founder, not the company. See I Just Incorporated My Startup and Delaware C Corp Startup Incorporation Documents.
How do I file an 83(b) election?
Each founder who receives stock that is subject to vesting files their own 83(b) election with the IRS within 30 days after the stock is issued. The IRS doesn’t grant extensions, and a late election can’t be fixed. Since July 2025, individuals can file online through their IRS online account using Form 15620. You can still mail the form by certified mail with a return receipt. Either way, keep proof of filing and give the company a copy.
How the election affects your taxes depends on your situation, so talk to a tax advisor. See 83(b) Election.
How do I get an EIN?
Apply online on the IRS website on the day you incorporate. If the application is complete, the EIN is issued immediately at the end of the session. Applying by fax or mail takes longer. The person named as the responsible party needs a Social Security number or ITIN to apply online. See How Do I Get an EIN for My Startup?.
Do I need to file a beneficial ownership (BOI) report?
No, not for a company formed in the US. Under the Corporate Transparency Act, FinCEN exempted US companies and US persons from beneficial ownership reporting in March 2025 and made that exemption permanent in a final rule in August 2026. Only companies formed under foreign law and registered to do business in the US still have to file. If you see an email or letter demanding a BOI filing for your Delaware corporation, treat it as a likely scam.
When can I open a bank account?
As soon as you have the certificate of incorporation, the EIN and a board consent appointing officers and authorizing the account. Banks don’t usually ask for the founder stock agreements, but finish those in the same week anyway. Startup-focused banks such as Mercury open accounts online quickly, and traditional banks work too. Keep company money and personal money completely separate from day one. See How Does My Startup Deal with Founders’ Expenses Prior to Formation? for money you spent before the company existed. Document it now as a loan or a contribution, not retroactively.
Do I need to register in my home state?
If your company is a Delaware corporation but you have an office or employees in another state, you almost certainly need to register (foreign qualify) there. Working from your home in New York, California or another state counts. You’ll also need to register with that state’s tax and labor agencies before you run payroll. If you sell taxable goods or services, ask your accountant whether you need to collect sales tax. See Do I Really Need to Qualify My Delaware Startup in My Home State?.
What about the cap table, payroll and bookkeeping?
Start a cap table as soon as founder stock is issued. A spreadsheet works for founders only, but if you plan to raise money or grant options, start on cap table software such as Carta. See What Is a Cap Table? and What Should We Use to Manage Our Startup Cap Table?.
Set up a payroll provider such as Gusto, Rippling or Justworks before you pay anyone, including founders who take a salary. Set up bookkeeping (QuickBooks and Xero are common) before money starts moving.
Keep every signed document in a single minute book, usually a shared drive, from the start. See How Do I Keep My Startup Legal Documents Organized?. For insurance, see What Should Founders Know About Startup Insurance and Accounting?.
What comes due every year?
Delaware’s franchise tax and annual report are due March 1 every year, starting the year after you incorporate. The first bill is often alarming because Delaware calculates it by the default method; recalculating with the other method usually brings it down a lot. See Why Does My Startup Owe So Much on Our Delaware Franchise Tax?. Your home state will have its own annual report, and you’ll need a 409A valuation before granting stock options.
Our startup incorporation package covers the post-incorporation documents, and our flat fees are on our pricing page. If you’d like help with your first 30 days, contact us.
