Forming a Delaware Company as a Non-Resident

Forming a Delaware Company as a Non-ResidentForming a Delaware Company as a non-United States resident may seem intimidating, but Harvard Business Services has made it easy for you to start your next business venture as a Delaware LLC or Corporation.

First, you are not required to live in (or even visit) Delaware to form your company within the state. Delaware’s Corporate Law structure does not impose restrictions on ownership or management of a Delaware company by a non-resident of the United States. This includes foreigners serving as officers or directors of a Delaware corporation. As your Delaware Registered Agent, Harvard Business Services acts as a liaison between you and the Delaware Secretary of State, and we will process any legal notices including service of process and Franchise Tax notices.

As a non-United States resident – in fact ALL Delaware companies  --  are required to maintain a Delaware Registered Agent to remain in good standing within the state. Harvard offers mail forwarding and virtual office services that will allow you to use Harvard’s address for mailings; however, you will not be able to claim Harvard’s address as a “place of business.”

Once your form your business as a non-resident, there are several things to consider before you start conducting business under your new Delaware LLC or corporation. You should consider obtaining an Employer Identification Number (EIN). It is mandatory for any company conducting lawful business activities, including hiring employees or opening a business bank account, to obtain an EIN. The fee associated with an EIN for a non-resident who does not have a U.S. address or valid Social Security Number/ITIN is $95. Harvard’s filing team is happy to assist clients in obtaining their EIN. To further inquire, email: filings@delawareinc.com

Are you ready to start your Delaware company? Form online or give our expert sales specialist a call today: 1-800-345-2677. We also offer an Entrepreneurship Guide for Immigrants and Refugees that offers resources and insights on how to begin your next business venture.

*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.

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