USA Delaware Company Incorporation

Delaware Company Incorporation

The two company structures we offer in Delaware are the Corporation (Inc) or the Limited Liability Company (LLC).

More than a million corporations have been incorporated in Delaware and more than 50% of all U.S. publicly-traded companies. Businesses choose Delaware because it provides modern and flexible corporate laws, a respected Court of Chancery and a business friendly State Government.

Delaware Keypoints

  • Time - only 3 days to incorporate your company
  • Directors - only one director of any nationality is necessary for your corporation
  • Shareholders - only one shareholder of any nationality is required
  • Share Capital - there are no minimum capital requirement
  • Tax - companies that conduct no business in Delaware are not subject to state income tax

Delaware LLC Company Formation

  • Reserving your Company Name
  • Structuring the company as per your requirements
  • Prepare your Company Registration Forms
  • Drafting the Articles of Association / Statutes
  • File the documents with the Delaware Division of Corporations
  • Appoint the Directors
  • Preparation of the minutes of first Board Meeting
  • State registration fee - US$125
  • Certificate of Incorporation
  • Issue of shares and production of Share Certificates
  • All documents and certificates supplied 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 domicile requirements

LLC's with non-resident shareholders and which conduct no business in the US and which have no US-source income are not subject to US federal income tax and are not required to file a US income tax return.

Advantages of incorporating in Delaware

  • Delaware courts reputation of reaching reasonable and fair conclusions when construing the corporation laws
  • There are no minimum capital requirement
  • Companies doing business outside of Delaware there is no corporation income tax
  • Delaware has no sales tax, personal property tax, or intangible property tax on corporations
  • A corporation may keep all of its books and records outside of Delaware
  • The principal place of business can be outside of the State of Delaware
  • Delaware's corporation law are written to protect the rights of shareholders
  • It is not a requirement to be a US citizen or resident
  • When incorporating your Delaware company it is not a requirement to visit

Company Name

  • The Delaware Division of Corporations allows for the reservation of a company name for 120 days.
  • A LLC company name will need to end with LLC, L.L.C or Limited Liability Company.
  • A Corporation company name will need to end with Corporation, Company, Incorporated, Limited or the abbreviation: Co., Corp., Inc., or Ltd.

Directors

The director requirements for a LLC and a Corporation are:

  • Only one director required.
  • Directors may be of any nationality.
  • It is not a requirement to have a resident director.

Shareholders

The shareholder requirements for a LLC and a Corporation:

  • Only one shareholder required.
  • Shareholders may be of any nationality.
  • Shareholders may reside anywhere.
  • Corporations may not exceed 75 shareholders.
  • Limited Liability Companies may not exceed 50 shareholders.

Registered Agent & Registered Office

Section 5.01 of the Act says that "..each corporation must continuously maintain .. (1) a Registered Office ... and (2) a Registered Agent." Failure to maintain a Registered Agent results in the loss of the Good Standing of the corporation with the state. This affects your ability to do business in the state, can result in corporate contracts being deemed void and possibly result in personal penalties or fines on the officers and directors of the corporation.

The purpose of these provisions is to ensure that each company has an office where whom service can be effected for any notice or process in connection with litigation. The Secretary of State and other government agencies send any other official communications such as annual reports and tax notices to this address.

  • Delaware law requires that every business have a Registered Agent in the State of Delaware who may be either an individual resident or business that is authorised to do business in the State of Delaware.
  • If the business is physically located in Delaware, then the business may act as its own registered agent.

As your Registered Agent we will provide:

Service of Process - handling of Service of Process (SOP) which includes:

Accepting SOP documents on your company’s behalf and recording the SOP documents in your company file

Scanning the SOP documents and making them available for you by email

Business Monitoring Alerts

Prompt delivery of any official documents and tax notices received from the Secretary of State and/or Department of State for your company.

We alert you by email of upcoming compliance deadlines

We advise you of upcoming events, meetings or filings required by Delaware to help you stay in compliance with state regulation.

Documents and Information

To incorporate your Delaware company we require the following:

  • The Director/s full name, date of birth, address and nationality
  • The Shareholder/s full name and address
  • Your chosen company name
  • Nature of business

USA - Delaware Company Incorporation

The cost of incorporating a company in Delaware, with standard share capital and standard Memorandum and Articles of Association is £860. The company formation procedure in Delaware normally takes 4 days.

Delaware Corp or LLC Company Formation - 4 days
  • Reserving your Company Name
  • Liaise with the local registrar and relevant authorities
  • Structuring the company as per your requirements
  • Prepare your Company Registration Forms
  • Drafting the Articles of Association / Statutes
  • File the documents with the Companies Registry
  • Appoint the Directors
  • Minutes appointing first Directors
  • Preparation of the first minutes of Board Meeting
  • State registration fee - US$125
  • Certificate of Incorporation
  • Registered Office & Registered Agent
  • Issue of shares and production of Share Certificates
  • All documents and certificates supplied 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 domicile requirements

Additional Services

Delaware Telephone (+302) redirected to your local number
Employer Identification Number EIN - Federal Tax Identification Number

Annual Renewal Fees

Registered Office in Delaware
Annual Government Franchise Fee - US$225
Ask System Day
only required if you wish us to call you back
Delaware fees to Incorporate
  • Time - 3 days to incorporate your Delaware company
  • Company Formation - £300
  • Registered Office Fee - £360
  • Government Licence Fee - US$225 : £180
Delaware Advantages
  • Share Capital - there is no minimum share capital requirement
  • Directors - only 1 director of any nationality is necessary for your company
  • Shareholders - only 1 shareholder is required
  • Registered Office - your company requires a registered office and registered agent, which we can provide
  • Support - using our 20 years experience we guide you throughout every step of the company formation process