Incorporation of Companies in Delaware

Incorporation of Companies in Delaware
Types of companies in Delaware

Incorporation of Companies in Delaware
Two corporate forms are offered in Delaware Corporation (Inc) or Limited Liability Company (LLC).

More than one million companies are incorporated in Delaware and more than 50% of all US publicly traded companies. Delaware provides businesses with modern and flexible corporate laws, a respected judiciary and a business-friendly state government.

Delaware Key points

• Time – only about 3 days to incorporate your business
• Directors – only one director of any nationality is required
• Shareholders – only one shareholder of any nationality is required
• Share capital – no minimum capital requirement
• Tax – companies that do not conduct any business in Delaware are not subject to state income tax
• Reserve your company name
• Structuring the company according to your requirements
• Prepare your business registration forms
• Drafting of statutes / articles of association
• File the documents with the Delaware Division of Corporations
• Appoint the Directors
• Preparation of the minutes of the first Board meeting
• State registration fee
• Certificate of Incorporation
• Issuance of shares and issue of share certificates
• All documents and certificates delivered in a professional folder
• Delivery of documents by FedEx/DHL courier

Our Corporate Administrative service includes:

• Provision of the registered office and registered agent in Delaware
• Compliance with local residence requirements

LLCs with non-resident shareholders and which do not carry on any business in the US and which have no US income are not subject to US federal income tax and are not required to file a US tax return.

Benefits of incorporating in Delaware

• The reputation of local courts to reach fair and just conclusions
• No minimum capital requirement
• No corporate income tax for companies doing business outside Delaware
• Delaware has no sales tax, personal property tax or intangible property tax on businesses
• A corporation can keep all its books and records outside Delaware
• The principal place of business may be outside the State of Delaware
• Delaware’s company law is for the protection of shareholders’ rights
• It is not a requirement to be a US citizen or resident
• You don’t have to visit Delaware when you incorporate your company

Company name

• The Delaware Division of Corporations allows for the reservation of a business name for 60 days.
• An LLC company name must end with LLC, L.L.C or Limited Liability Company.
• A company’s business name must end with Corporation, Company, Incorporated, Limited or the abbreviation: Co., Corp.

Directors

Only one director of any nationality is required.

Shareholders

Only one shareholder is required of any nationality and they can reside anywhere.

Registered agent and registered office

Section 5.01 of the Act states “…Each corporation shall continuously maintain … (1) a registered office… and (2) a registered agent. “Failure to maintain a registered agent results in the loss of the corporation’s good standing with the state. This affects your ability to conduct business in the state, may result in corporate contracts being deemed null and void, and possibly result in personal penalties or fines for the corporation’s officers and directors.

Therefore, all companies must have a registered office from where their services can be offered and all official communications are sent (annual reports, tax notifications, etc.). Furthermore, Delaware law requires every company to have a registered agent in the State of Delaware, individual resident or company authorized to do business in the State of Delaware. If the company is physically located in Delaware, the company can act as its own registered agent.

As your registered agent, we deliver:

Our services include receiving documents on behalf of your company and registering the documents in your company file, as well as scanning the documents and making them available to you by email.

Business watch alerts

This service should include the prompt delivery of official documents and tax notices received from the Secretary of State and/or the Ministry of Foreign Affairs for your company.

We will inform you by email of upcoming deadlines and events, meetings or filings required by Delaware to help you comply with state regulation.

Documents and information

The following is required to incorporate your Delaware company:

• Director / full name, date of birth, address and nationality
• Name and address of the shareholder / full name and address
• Your chosen company name
• Nature of the business

Delaware Corp or LLC Company Formation – 4 days

• Reserve your company name
• Contact the local registrar and relevant authorities
• Structuring the company according to your requirements
• Prepare your business registration forms
• Drafting of statutes / articles of association
• Archive the documents with the Company Register
• Appoint the Directors
• Protocols appointing the first directors
• Preparing the first minutes of the Board meeting
• State registration fee
• Certificate of Incorporation
• Registered office and registered agent
• Issuance of shares and production of share certificates
• All documents and certificates delivered in a professional folder
• Delivery of documents by FedEx/DHL courier

Our Administrative service includes providing the registered office and registered agent in Delaware and all compliance with local residency requirements.