Who Can Incorporate in Delaware?

who can incorporate in delawareBy now, most entrepreneurs know that Delaware is, hands-down, the best place to form a limited liability company (LLC).

You may be familiar with the numerous benefits and protections offered by Delaware’s strong corporate law structure from personal experience. It may have been recommended by your attorney or tax professional, or maybe you've done your own extensive research online.

The fact is, Delaware is well-known as the “Incorporation State” for both small businesses and large corporations alike. The state of Delaware offers the strongest corporate law structure, bar none. This answers why to incorporate in Delaware. The question then becomes: Who can form an LLC in Delaware?

“I don’t live in Delaware. Can I form a Delaware LLC?”

This is, by far, the most frequently asked question we hear. But, when it comes to setting up a Delaware company, anyone in the world can form a Delaware LLC!

The state of Delaware does not restrict non-U.S. residents from owning or managing Delaware LLCs, nor do they require any physical presence in the state of Delaware, or even within the U.S., for that matter.

Delaware simply requires that you maintain a registered agent, such as Harvard Business Services, Inc. As the Registered Agent, we are responsible for all official correspondence from the Division of Corporations, as well as service of process.

How to Register a Business in Delaware

We currently act as the Registered Agent for more than 75,000 Delaware companies.

When forming an LLC in Delaware, there is only one document that needs to be filed with the state—the Certificate of Formation. Our state is unique when compared to most others, as the requirements to form an LLC in Delaware are quite minimal.

The Certificate of Formation must include the name of the Delaware LLC and the name and office address of the registered agent. The names of the members or managers are not required to prepare, execute, or file the Certificate of Formation. However, this must be handled by an authorized individual or company, such as Harvard Business Services, Inc.

Upon your authorization, we’ll prepare and file the certificate of formation with the Secretary of State. Once the filing is approved by the state of Delaware, we’ll release the LLC to the initial member(s) or manager(s) via the "Statement of the Authorized Person." We will prepare and execute this document for you. It is not provided to the state of Delaware and is not part of public record.

From this point on, traditionally, any membership or management changes in the LLC are handled within the LLC Operating Agreement. If the company opens a bank account or has U.S. source income, clients will work with a tax professional to determine their tax filing requirements in the U.S.A.

Since the Delaware LLC requirements are so mild and almost anyone can create an LLC in Delaware, many new entrepreneurs from around the world choose to register their business here. Reach out to one of our top-notch customer services representatives today via phone (800-345-2677), email, or live chat if you have any questions about setting up your Delaware LLC. We’re ready to help.

*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.

More By Andrew Millman

There is 1 comment left for Who Can Incorporate in Delaware?

Jose G Cornejo said: Wednesday, December 20, 2017

I need ITIN for tax.

HBS Staff replied: Wednesday, December 20, 2017

This blog has information on obtaining an ITIN number.



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