Over 850,000 companies have their legal base 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 legislation, a highly-respected Court of Chancery and a business-friendly State Government.
Advantages for foreign investors
Documents and Information
The following requirements should be met in order to incorporate your Delaware company:
Documents you are required to provide:
A name identical or similar to an existing company name within the state of formation is not allowed. The use of bank, trust, insurance or reinsurance within the name of the company is also prohibited. Special licenses and permission is needed, 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
Procedure: After receiving your completed order, you must immediately file the Articles of Organization with the state government.
General procedures after receiving filed Articles of Organization:
After your Articles are filed your LLC should hold an organizational 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 to you.
Procedure: After 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.
Transferring documents generally takes 5 days but you must allow an additional day for the delivery of documentation.
These are the director requirements for a LLC and a corporation:
The shareholder requirements for a LLC and a corporation are as follows:
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.
As long as your registered office is in Delaware you may act as your own registered agent. If you will be based outside Delaware, we will provide you with a registered address. The registered office receives notice of any suits, tax notices, etc. and then forwards them to you.
There is no minimum share capital requirement.
There are two company structures:
A Limited Liability Company is a business entity combining some of the attributes of a corporation with the status of a partnership.
Any entity as a limited liability company that transacts business in Florida is required by Florida Statutes to file an application for authorisation with the Division (a State Organisation) and pay the filing fee. If the founders are in doubt about any requirements, it is useful to take professional advice.
All limited liability companies must pay the filing fee and file a uniform business report with the division each year.
The company does not own standard company statutes. We supply a company kit with a standard operating agreement which can be adapted and then adopted.
Registration details containing the following information
Why should you choose a Corporation?
Your proposed company name can check online by us in a few minutes time.
It is required to have a Registered Agent. In most situations someone from the company will act as the Registered Agent provided that they have a street address in the state of incorporation, we can appoint a Registered Agent for you if need one.
Articles of Incorporation
The Articles of Incorporation is a document filed with the Secretary of State to form the corporation. The documents refer to information such as the company name, address, registered agent and office, number of authorized shares and Directors details.
The owners of the corporation are the shareholders. The owners can be individuals or corporate (Corporation, LLC or other entities).
The Directors of the Corporation are appointed by the shareholder to represent the shareholders’ interests and to approve major corporate decisions.
The Officers of the Corporation are the President or CEO, Vice President, Secretary and Treasurer. The Directors appoint the Officers. The job of the Officers is to run the company and manage the daily operations. In most states one person can hold all of the Officer Positions.
One Person as the Shareholder, Director and Officer
Indeed, one person can hold all of the above positions and it is not uncommon with small closely held corporations.
Federal Employer Identification Number - EIN
The Federal Employer Identification Number is also known as the Fed ID, Tax ID, Federal ID Number and or Employer ID. The Federal ID Number is a 9 Digit number similar to a Social Security Number. The Fed ID is issued for businesses so that they can file Tax Returns and open Business Bank Accounts.
Several foreign investors are incorporating companies in Nevada, some of which are operating within America, others of which are operating entirely outside and have no connection with the US other than the registration of their company.
Main Nevada Company types for foreign investors:
For many people it is quite important to pass through taxation and to have the ability to have their entity treated as a non-tax paying entity. This objective can be achieved by incorporating a Limited Liability Company (LLC) instead of a corporation.
For non US residents, use of an S Corporation is not possible because one of the requirements of becoming an S Corporation is that all shareholders must be US residents. While there is no Corporate Tax in Nevada for a Corporation, the Nevada Corporation still has to file a tax return, and pay federal taxes.
Differences between the C-Corp, S-Corp and LLC
If you are a not an American citizen, then your company cannot be a S-Corporation. You can incorporate a C-Corporation or an LLC.
LLCs are easier to run (it involves less papaerwork) and you file the LLC taxes along with your own at the end of the year. Corporations have more paperwork (quarterly filings, minutes, and a board meeting), but you have a higher chance to save taxes (with employees or product sales).
The three types (C-Corp, S-Corp and LLC) offer person liability protection to the owners – this means that the personal assets are not generally at risk for business liabilities. Most of our clients who are starting a service company, where the owners are the only ones providing the service will choose an LLC.
Benefits of Nevada LLC's and Corporations
Duration of the incorporation of a Nevada LLC
Usually it takes three days to incorporate your company and you you have to visit Nevada or the USA.
Documents and information required for a Nevada LLC company incorporation
To incorporate your LLC company the followings are required:
Ready-made companies- LLC's
We have a number of ready-made companies ready for you and they can be transferred the same day.
Directors and Managers
Directors are generally called Managers or Managing Members in the case of LLC's.
A director can be of any nationality.
The names of directors are declared to the State authorities. We have to file a list of initial officers, and have to file any change of officers.
Minimum number of directors
Only one director is required.
Ccorporate directors are allowed.
Nominee directors are allowed. We can provide a nominee director for you.
All officers are called Managers therefor no company secretary is required, but one of the managers could be designated as a company secretary.
As LLC's are effectively partnerships without share capital, the equivalent to the "Shareholder" is the "Member" who has a participation or share in the LLC.
The member can be any nationality.
Minimum number of members
Only one member is required
The member can be a Corporation
Nominee Members are allowed.
It is not a requirement to appoint a local resident member.
The names of members must be declared to the State authorities. A list of initial members must also be filed, also any change of members must be filed as well.
Details of members are easily obtainable by a Member of the Public.
Capital & Financial's
Minimum Share capital for an LLC
There is no share capital in an LLC.
Maintaining company records in Nevada
The company does not have to keep records in Nevada. If the company chooses to keep records they can be kept anywhere in the World.
Accounts or financial statements filing
There is no requirement to file accounts or financial statements
Company taxes on profits
Sales tax applies only to products sold within the state.
In Wyoming we can Incorporate for you a C-Corporation or an LLC if you are a non-US resident.
You can run your Corporation and live anywhere in the world and you do not have to be a US citizen to incorporate in Wyoming.
Wyoming was the first state to implement the limited liability company statutes, the shareholders and directors of a Wyoming LLC corporation are protected by statute and law from the debts and actions of the corporation.
The State protects your privacy and also protects corporations with the strongest laws.
Wyoming limited liability companies (LLCs) combine the protections of a corporation with the tax advantages of a partnership.
Wyoming LLC advantages:
We can provide a registered office for your corporation in Wyoming.
The life of a LLC Corporation has a set ending date. The Corporation dissolves at the time specified in the Operating Agreement, or upon the loss of a member unless other members agree to continue.
Wyoming C Corporation
The most commonly formed corporations are C-corporations. It is great for raising capital and limiting individual liability.
The advantages of a C Corporation in Wyoming
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