DELAWARE COMPANY REGISTRATION
Delaware is one of the best place to set up a limited liability company (LLC) for most entrepreneurs. Anyone can form a company in so called tax haven state, it does not matter where she or he is located. As a non-resident, living outside of the United States there are no restrictions on opening a company in Delaware. Most of our clients are non-US residents that need a company to use for their international business, or even to hold their assets like boats and real estate. The State of Delaware is also one of the most convenient places for boat registration. After you form a Delaware LLC (Limited Liability Company), you are not personally liable with your personal property and assets for obligations of your non resident Delaware LLC.
Delaware has very favourable tax legislation. Delaware LLCs with non-resident members, are not required to pay company tax as long as there are no transactions within the United States.
Similar types of registrations are GmbH in Germany, Ltd in Great Britain, etc.
HOW DO I FORM A DELAWARE LLC?
There are 2 ways of forming and LLC in Delaware
1st option – Apart from company name, registry date, registered address and information about the registered agent, the documents will also include the name of the managing member (owner).
2nd option – Includes all information from Option 1 but without the names of the company managing members/owners being listed on the Certificate of Formation. This is the only document available to the public and besides you, Registered Agent and the Formation Agent (Euro Commerce LLC), no one has access to the company ownership structure. You manage the company with the ‘Power of Attorney’. These documents are not made public. They are issued by the Registered Agent in the USA (legally responsible for the company’s registration), notarized and certified with Apostille confirming their veracity and authenticity.
Although Certificate of Formation is a public document and can be ordered from the Delaware Corporate Registry, it is not published on the internet, or in any other print form. The procedure to obtain a copy of this document is not easy, but it is possible to get hold of one.
Steps to Forming a Non-U.S. LLC in Delaware
In order to start with the formation, please provide us with the following:
- Copy of the passport
- Name of the company. Please send 2-3 names of your choice. It must NOT contain words such as BANK, INSURANCE, LOTTERY and UNIVERSITY (Company is not allowed to pursue with listed business)
- Address, telephone number and e-mail address (contact person)
- Your payment to the Euro Commerce LLC bank account
Please note that whole procedure can be done via email/on line, no personal presence or original documents are required.
Kindly note that a legal entity can also incorporate the Delaware company. In this case, company documents have to be presented.
What are the main benefits of setting up an INC. or LLC in Delaware?
- Low formation cost and annual fees
- Minimal paperwork
- Quick set up
- Reputable US company
- no paid up capital requirement
- Unless you are US citizen, have resident permit in the USA (Green Card) or operate in the USA and with US companies, you don’pay taxes in the USA, except annual expenses of the company