The HBS Blog on Delawareinc.com provides Delaware incorporation information and general business news you need to know now.
Stock represents an equity ownership in an entity, and normally, with certain exceptions, is given in exchange for a paid-in capital contribution to a business. Ownership of stock does not entitle the holder to specific property or assets of the company, but rather, provides the holder with a share of the entity’s profits and gains, normally through the receipt of dividends.
The Supreme Court identified those characteristics usually associated with stock as “(i) the right to receive dividends contingent upon an apportionment of profits; (ii) negotiability; (iii) the ability to be pledged or hypothecated; (iv) the conferring of voting rights in proportion to the number of shares owned; and (v) the capacity to appreciate in value” (United Housing Foundation, Inc. v. Forman, 421 U.S. 837, 851, 1975). These are general features, and can vary depending upon a company’s Articles of Incorporation and the terms governing specific classes or stock.
Dividends: Although stockholders are generally compensated through dividends, a company can issue classes of stock that do not pay dividends, or it can issue different classes of stock with different rights and priorities with respect to dividends. For example, a company could issue a class of preferred stock that is entitled to a first payment of proceeds available for distribution as dividends relative to another class or classes.
Negotiability: Negotiability refers to the ability to buy and sell stock. A shareholder's ability to buy stock or sell stock it owns will depend upon a variety of factors, including the size and depth of the market for the company’s shares, if any exists, as well as the restrictions of the federal securities laws. The stock of IBM or Google, for example, is highly liquid and can be purchased or sold with ease on an established exchange. There may not be a market for the stock of smaller or less established corporations, however, and many closely-held corporations' Articles of Incorporation do not permit sales to outside parties without prior consent.
Pledge: Like the other features identified by the Supreme Court, this is a common feature of stock but may not be present in all cases. Many small or closely-held corporations restrict the ability of shareholders to pledge or hypothecate their stock holdings.
Proportional Voting Rights: Stock may be issued as one or more series of common shares, all of which have the same rights and privileges with respect to voting, or it may represent preferred shares, which have some voting preference or additional rights relative to the entity’s common shares. Similarly, a company can issue classes of non-voting stock. Notably, although the voting rights may vary with respect to classes of stock, stock within a class will all have the same proportional voting right, if any, as other shares of the same class.
Capacity to Appreciate in Value: As an equity interest, the value of stock will rise and fall with the success or failure of the company. This feature is in contrast to debt issued by a company, which pays a fixed rate of interest regardless of the company’s changing fortunes (although the company’s success or failure may affect the price of a debt instrument on a secondary market, if any exists).
Should your company require stock certificates, Harvard Business Services, Inc. offers high-quality stock certificates preprinted with your company's name, number of shares and the par value. Feel free to email me for more information.
Fall is upon us, and it’s a good time to start thinking about forming your own company.
In order to help you get started, Harvard Business Services, Inc. will continue to offer the biggest discount in our 34-year history. Yes, we are once again offering $60 off all LLC, corporation and limited partnership formation packages for the entire month of October.
All formation packages will be discounted $60, and this landmark rate will be available starting October 1, 2015 at 12:00 AM ET and will expire on October 31, 2015 at 11:59 PM ET.
To apply your discount, simply enter “HBS2015” on our online order form.
All of our packages feature all-inclusive pricing and include the following:
You can view and compare all our business formation packages and find more information on Our Services page.
When you’re ready to take a life-changing step and form your own company so you can become your own boss, the helpful business formation specialists at Harvard Business Services, Inc. will be ready to help. We will answer all your questions and walk you through the entire process via phone (1-800-345-2677), live chat, email (firstname.lastname@example.org) or Skype (Delawareinc). We appreciate your business and look forward to assisting you with all your incorporating needs.
People tend to think of very successful (and subsequently wealthy) entrepreneurs and cultural leaders as extraordinary and singular human beings, and sometimes they are. Usually, however, they are just highly attuned, exceedingly motivated thinkers who would rather try and fail for themselves than work for someone else. Yet there are some common threads that run between world-famous entrepreneurs and cultural leaders, and one of them is daily tasks.
Plan your time! Successful people tend to have a set schedule. Their schedule is arranged in advance, before that day, before that week and sometimes even months before. Of course, their schedule can change, and certain variables will alter appointments, meetings and business dinners, but starting with an organized, prearranged schedule allows busy professionals to avoid wasting time throughout the day, thinking about their next move. It seems simple and obvious, but adhering to a set schedule—in all aspects of one’s life—can help lead to success.
Exercise! Successful people take time to work on their fitness goals. Whether they are working out, jogging, biking, swimming or practicing yoga, successful people understand that in order to have the energy to complete their daily tasks, they must feel good physically. Take a look at the most successful people in the world—entrepreneurs, singers, actors and actresses, CEOs, TV and film producers—and you will very likely see that almost all of them block out time for fitness, regardless of how busy the rest of their schedules are.
Personal Development! Successful entrepreneurs understand that in order to maintain the level of success they have already achieved, they must continue to learn, grow and improve their craft. They often add personal development into their schedule, knowing there will always be someone who can provide them with guidance, advice and new knowledge, so these inquisitive people make time to learn something new every day. Personal development is easier than ever now; all you need is an internet connection and a laptop (or a tablet or cell phone). You can watch industry leaders and all types of icons discuss just about any topic on TED, and you can find inspiration in your own community by listening to local leaders on TEDx. You can even take free, challenging online courses via several MOOC (Massive Open Online Courses) websites, such as Mooc List, which is an aggregate list of worldwide MOOCs. If you are a high achiever, you may prefer the remarkable selection of Ivy League MOOCs; you can take courses taught by real Ivy League professors from Brown, Columbia, Harvard, (Harvard also offers numerous video lectures, taught by some of the world’s greatest professors, through its Open Learning Initiative), Princeton, University of Pennsylvania and Yale. If you have varied interests and would like to learn about something related to your business, you can easily utilize Coursera, which offers courses on a multitude of subjects from universities. Through Coursera, you can take “Strategic Business Analytics Specialization” from the ESSEC Center for Excellence for Digital Business in France; “Think Again: How to Reason and Argue” from Duke University in North Carolina; “iOS Development for Creative Entrepreneurs” from the University of California, Irvine; “Inspirational Leadership: Leading with Sense” from HEC Paris; “Leading People and Teams” from the University of Michigan; or “Wireless Communication Emerging Technologies” from Yonsei University in South Korea. Or, just for fun, consider “Magic and the Middle Ages” from the University of Barcelona; “Greek and Roman Mythology” from Penn; or “Dog Emotion and Cognition” from Duke University. If you prefer to expand your horizons the old-fashioned way, simply pick up a book whenever you have spare time. You can even listen to audio books while you commute. Many successful entrepreneurs admit to reading over 60 books per year. How many books did you read last year?
Eat Breakfast! This is another simple but overlooked task. We all know breakfast is the most important meal of the day, but not all of us live by this rule. Successful people, however, seem to take the adage more seriously. Despite schedules filled with numerous responsibilities, a variety of locations and business decisions that may seem much more important than eating breakfast, highly successful people still eat breakfast. They acknowledge that they simply do not perform as well when they are hungry (what type of performing they do is irrelevant); they are not as aggressive, not as creative, not as focused and not as motivated. For most entrepreneurs and cultural leaders, this small step is an easy way to gain a competitive edge.
Reflect! Revisit successes and failures throughout the day, and consider whether or not you reached a goal, missed a deadline or grew your business. Successful entrepreneurs and cultural leaders take time to acknowledge their daily accomplishments, and also explore the ones on which they fell short. They ponder what happened, and what can be done differently in the future. A lot of successful entrepreneurs and cultural leaders contemplate their goals at least twice a day. If you compare this to average people, who tend to only scrutinize their aspirations at the end of the year (in the form of New Year’s resolutions), it becomes fairly obvious who has a clearer capacity to reach their career and personal objectives.
These are just five daily tasks that all of us can implement in order to emulate some of the most successful entrepreneurs and cultural leaders in the world. Start tomorrow, with these five, expand on them as you can and be sure to let us know how you’re doing. Please feel free to add suggestions for other daily tasks in the Comments section below, on our Facebook page or on our LinkedIn page.
Many people mistakenly believe they need an attorney or accountant in order to form an LLC or corporation. This is not true; it is not a requirement to use an attorney or accountant when forming a company, unless you have specific legal or accounting questions with which Harvard Business Services, Inc. is not able to assist. However, when people do retain an attorney or accountant to help them form a company, those professionals often turn to us to handle the filing.
Here at Harvard Business Services, Inc., we have been assisting attorneys and accountants form Delaware LLCs and corporations since 1981. We are electronically linked with the Delaware Division of Corporations, so we can have your company filed on the same day you initiate the service. We then email your attorney or accountant the approved documents in 2 to 3 business days.
Below are other important reasons why attorneys and accountants utilize Harvard Business Services, Inc. for company formations:
If you are an attorney or accountant and your client has asked you to form a Delaware LLC or corporation, take advantage of all the above benefits Harvard Business Services, Inc. has to offer. Call us at 800-345-2677 or email us at email@example.com.
We will be happy to answer any questions and assist you in filing a Delaware LLC or corporation on behalf of your client.
One of the annual obligations a Delaware business entity must fulfill is filing and paying an annual Franchise Tax. For years, Harvard Business Services, Inc. has offered assistance to help our clients ensure their Franchise Tax filing is accurately completed with the state of Delaware. Each year, thousands of clients utilize our services to take care of their Franchise Tax filing. However, there are some clients who choose to file directly with the state of Delaware. What’s the difference? Which way should you file your Franchise Tax?
Consider these two scenarios:
Ike owns numerous Delaware business entities. He decides to file his Franchise Tax fees directly with the Division of Corporation’s Franchise Tax Department. He mails several different checks to cover the Franchise Tax fees for all his separate entities. Unfortunately, the transaction does not go smoothly. The state indicates there is a prior balance on some of his entities while other entities show a credit on the accounts. Ike is positive he paid Franchise Tax on all of his entities correctly, but that is not what is on record with the state’s Franchise Tax Department. The discrepancies can be traced back a couple of years, which means there is a lot of research to investigate. Now Ike has to spend his valuable time searching through cancelled checks, bank statements and entity records to figure out what happened. In the meantime, some of his business entities are imposed additional late penalties as well as interest fees. Now the situation is worse and Ike is even more frustrated.
Sam also owns several business entities registered in the state of Delaware. He doesn’t want to deal with the hassle of filing his Franchise Tax reports himself, so he lets Harvard Business Services, Inc. take care of everything for him. Sam receives email confirmations for all his Franchise Tax transactions, so he knows exactly when the process is complete. A few months later, during a routine audit for a specific entity, Sam is required to provide receipts for all his past Franchise Tax filings. He contacts Harvard Business Services, Inc. and instantly obtains all the necessary copies of the requested documentation. Sam doesn’t have to worry about searching through old records to find what he needs, nor does he have to waste any of his time. Harvard Business Services, Inc. is able to quickly do all the work for him, saving him time, aggravation and money.
The moral of this Franchise Tax story is: Don’t be like Ike. Let Harvard Business Services, Inc. take care of your business entity’s annual Franchise Tax filing so you can focus on more important business matters.