Delaware - LLC Company Incorporation

Delaware Company  Formation

 

Delaware Key points

  • Time - only 4 days to incorporate your company
  • Cost - a Delaware company will cost £860
  • 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 with non-resident members are generally not subject to state income tax
  • Tax - companies doing business outside of Delaware pay no Corporation income tax
  • Support - using our 20 years experience we guide you throughout every step of the company formation process

Formacompany offers two sorts of company structures in Delaware, the Corporation (Inc.) or the Limited Liability Company (LLC.). We  only offer ready made packages as the legal formalities and transfer of documents is generally quicker and simpler. Many US non-residents are incorporating in Delaware as there are no citizenship or residency requirements. 

More than 850,000 business entities have their legal home in Delaware including more than 50% of all U.S. publicly-traded companies and 63% of the Fortune 500. Businesses choose Delaware because it provides a complete package of incorporation services including modern and flexible corporate laws, a highly-respected Court of Chancery and a business-friendly State Government.

Advantages for foreign investors

  • It is not a requirement to be a US citizen or resident
  • When incorporating your Delaware company it is not a requirement to visit.
  • One person can incorporate a company.
  • A Delaware company can be incorporated even though it cannot trade there.
  • It is not a requirement to have premises there. 

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.
Documents you are required to provide:
  • Proof of identity. Either passport, national identity card, photographic driving licence
  • Proof of residential address. Gas/electricity bill or credit/debit card bank statement dated within the last 3 months

Company Name

Any name identical or similar to an existing company within the state of formation wont be allowed. Additionally, the use of bank, trust, insurance or reinsurance within the name of the company is prohibited. Special licences and permission must be given, if you require such a name.

For LLCs, the company name must have suffixes to denote the limited liability of your company. Limited Liability Company and Limited Company or their abbreviations LLC or LC.    For corporations, the name must end with: Corporation, Company, Incorporated, Limited, Syndicate, Union, Society, Club, Foundation, Fund, Institute, Association; or an abbreviation of: Co., Corp., Inc., or Ltd.

Incorporating your Company

  • Limited Liability Company Procedure:

Upon receiving your completed order, will immediately file the Articles of Organisation with the state government. General procedures after you receive filed Articles of Organisation:

  • Create an LLC operating agreement, which sets out the rights and responsibilities of the LLC members.
  • Issue membership certificates to members.
  • Apply for EIN - Tax ID number.
  • Establish a LLC bank account.
  • File initial list of Managers or Members. This has to be done within 30 days after incorporation date.

After your Articles are filed, your LLC should have an organisational meeting where an operating agreement is adopted. We will provide you with the proper operating agreement template. Member certificates can be distributed to members and these transactions should be recorded in the LLC ledger. All of this information can be maintained in a limited liability company record book, which is included in the corporate kit that we provide you with.

  • Corporation Procedure:

Upon receiving your completed order, we will reserve the name with the state that same day or the next business day. The certificate of incorporation is prepared and filed. The state typically approves filings within 7 business days after receiving the filing. After the state approves your filing, corporate existence begins for your company. The paperwork is returned and the completed documents will be sent to via courier.

Generally takes 5 days to transfer documents, but must allow an additional days for delivery of documentation. 

Directors

The director requirements for a LLC and a corporation are as follows:

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

Shareholders

The shareholder requirements for a LLC and a corporation are as follows:   

  • Only one shareholder required.
  • Shareholders may be any nationality.
  • Shareholders may reside anywhere.
  • Corporate shareholders are allowed.
There are no restrictions on the ownership of a C corporations but, with S Corporations the shareholders must be US citizens/residents.

Registered Office

A registered office is for the receipt of service of legal papers and as a local contact for the Secretary of State and other government agencies. You can act as your own registered agent as long as your registered office is in Delaware. If you will be based outside Delaware, Formcompany will provide you with a registered address. The registered office receives notice of any suits, tax notices, etc. and then forwards them to you.  

Share Capital

There is no minimum share capital requirement.

Formacompany & Co Ltd
11 Church Road
Great Bookham
Surrey
KT23 3PB
UK