Team, Co-founders & Legal

Should I incorporate as a Delaware C-corp or an Indian Pvt Ltd?

A starting point

If you're raising from US/global VCs or building for a US market, default to a Delaware C-corp, it's the format investors expect and understand. If you're building primarily for India and raising from Indian investors, a Private Limited Company registered via MCA is the standard. Don't set up a complex cross-border 'flip' structure prematurely; pick the one that matches where your customers and capital actually are.

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Free Intermediate

How to form a Delaware corporation (C corp), Stripe guide

From stripe.com/resources by Stripe Guide

Why we picked it

A clear, vendor-agnostic explainer of why the Delaware C-corp is the default for high-growth, investor-backed startups and how the mechanics work. Useful for deciding structure before you pay for anything.

  • Delaware C-corp is the standard structure investors expect
  • Understand founder stock, vesting, and the 83(b) election before filing
  • Choose the entity that matches where your capital and customers are
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India Free Beginner

Startup India Scheme (Incorporation & Registration Overview)

From startupindia.gov.in by Startup India / DPIIT Official overview

Why we picked it

The official government overview of how to incorporate and register a startup in India, including the SPICe+ route on the MCA portal. The authoritative primary reference for Indian founders.

  • Incorporate a Pvt Ltd via the SPICe+ form on the MCA21 portal (or LLP via FiLLiP)
  • You'll need DSCs, DINs, and a MoA/AoA
  • After incorporation, apply for DPIIT recognition to unlock benefits
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Stripe Atlas: Incorporate your startup (Delaware C-corp)

From stripe.com/atlas by Stripe Guided incorporation service

Why we picked it

The most popular guided path to a Delaware C-corp for global and first-time founders, with Cooley-drafted templates, EIN, founder stock, and 83(b) handling in one flow. It removes almost all the guesswork.

  • Sets up a Delaware C-corp, EIN, founder stock, and 83(b) filing for a flat fee
  • You don't need to be in the US, and can add up to four co-founders
  • File your 83(b) election within 30 days of receiving stock
Open stripe.com →

People also ask

When should I actually incorporate my startup? Incorporate once you have co-founders splitting equity, you're taking money (from customers or investors), or you're signing contracts and hiring, ... Beginner 3 resources → How do I incorporate a Delaware C-corp as a non-US or first-time founder? Use Stripe Atlas or Clerky, they handle the Delaware filing, EIN, founder stock, and templates for a flat fee, and you don't need to be in the US. ... Intermediate 2 resources → How do I register a Private Limited Company in India? File the SPICe+ form on the MCA21 portal, which bundles name reservation, incorporation, PAN, TAN, and more into one integrated application, most f... Intermediate 2 resources → What is DPIIT / Startup India recognition and is it worth getting? DPIIT recognition under Startup India is a free government registration that unlocks tax benefits, self-certification on labour laws, faster IP pro... Beginner 2 resources → What legal setup do I need beyond incorporation (IP, contracts, compliance)? Assign all IP to the company from every founder and contractor in writing, use clean contractor and employment agreements, and stay on top of statu... Advanced 3 resources → How do I write a grant application that actually gets funded? Grant reviewers fund clarity, not hype: state the problem, the specific innovation, why it can't be done cheaply off-the-shelf, and exactly what th... Intermediate 3 resources →