With minimal start-up requirements, simple maintenance and the ability for members to establish their own company structures and rules, the Delaware advantage is clear.
The Delaware LLC is the most flexible type of business entity offered by any state or country in the world. This is the reason why the LLC (Limited Liability Company) has become the entity of choice among many legal, accounting and business professionals.
LLCs possess many inherent benefits that may come into play in several LLC scenarios, including when a company holds real estate; operates a family-owned business; performs estate planning objectives; owns intellectual property; holds the ownership of assets deemed dangerous, such as apartment buildings or fleet vehicles; forms a joint venture between two companies or individuals; attains government contracts or licenses; and many other uses.
Below are seven of the significant benefits of a standard Delaware LLC.
The structure of the company and the rules that govern the members of the company are contained in a contract called the LLC Operating Agreement, which is drafted by the members of the LLC. This means the terms and rules of each LLC can be tailored to accommodate the specific needs and preferences of an LLC. This is the biggest benefit of an LLC over any other form of business entity. This power is called freedom of contract.
Delaware LLCs possess increased asset protection against creditors. This means that if a member of an LLC has a judgment filed against him/her, a creditor cannot attack the LLC nor acquire any portion of the LLC's assets. This benefit protects everyone in the company.
A statutory limitation on the personal liability of the members of an LLC means that members are not held liable for repayment if an LLC fails and leaves behind debt. The most money a member of an LLC can lose by virtue of the LLC's failure is the dollar amount the member had invested in the LLC.
When an LLC is formed, the owners can choose whether they want the LLC to be taxed as a partnership, an S corporation, a C corporation or a sole proprietorship. Single-member LLCs are not recognized by the IRS and therefore pay no taxes at all. Instead, the tax liability is passed through to the member.
Very little information is required to form an LLC in Delaware, and start-up involves only a small filing fee. Additionally, there are no meetings or voting requirements.
The cost to maintain a Delaware LLC is simple and inexpensive. Once a year, a simple form and an annual Franchise Tax Fee of $300 must be filed with the Delaware Secretary of State, and a Registered Agent Fee must be paid annually, as all Delaware LLCs are required by law to have a Registered Agent to accept service of process.
You are not required to disclose any information about the owner of an LLC to the state of Delaware or Harvard Business Services, Inc. in order to form or maintain an LLC. Not all states protect your identity like this. In Delaware, you are required only to have a designated contact person and a Delaware Registered Agent.
Start a Delaware LLC online today with Harvard Business Services, Inc. or call 800-345-2677. Our friendly, helpful representatives will be happy to help you.Form a Delaware LLC Now
The HBS Blog offers insight on Delaware corporations and LLCs as well as information about entrepreneurship, startups and general business topics.
Since 1981, Harvard Business Services, Inc. has helped form 130,483 Delaware corporations and LLCs for people all over the world.
Harvard can provide assistance throughout the life of your company. These custom services are the most popular with our clients: