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Delaware Division of

Exempt Corporation Definition

The Delaware Code allows a qualified domestic corporation to file as an exempt corporation. The definition of an exempt corporation is as follows:

In order to file as an exempt corporation you must meet the requirements of 391 (j) as follows: “…the term “exempt corporation” shall be defined as any corporation organized under this chapter that is not authorized to issue capital and 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(c)(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.

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