DELWARE

Delware Offshore Company Incorporation Overview

(Prices below do not include Nominee Director. Please refer to our Nominee Service Price List for fees.)

Prices in USD
Limited Liability Co.Corporation
Incorporation*USD 1,250USD 1,290
Bank AccountUSD 800USD 800
*includes first year Company Secretary

Delaware has a long history as the preferred jurisdiction for incorporation in the United States. More than 850,000 business entities have their legal home in Delaware, including more then half of all U.S. public listed companies and over 60% of Fortune 500 businesses.

Corporation or LLC (Limited Liability Company)?

Both types of entities will protect your assets and have limited liability. A business that has been incorporated will allow you to “go public” and sell stock in your company. An LLC is a hybrid of a Corporation and Partnership, has a less formal air to it, offering greater flexibility for owners and enjoy “pass-through” taxation similar to that of a partnership. This allows an LLC to pass all its income and losses through to the owners.

Benefits of incorporating in Delaware

  • Low formation/incorporation and annual franchise/renewal fees.
  • No Delaware corporation income tax for Delaware corporations not operating in Delaware.
  • Delaware has no sales or personal property tax.
  • Business Licence is not required if Corporation is not doing business in Delaware. (Note: a business license is needed for each state or territory of the U.S. in which it does business. If it does no business in the U.S. or its territories then no license is needed.)
  • Directors and members need not be U.S. citizens.
  • No name or address disclosure requirement for the initial board of directors
  • The corporation must have a registered agent in Delaware, but not a business office.
  • One person may act as the only officer, director and shareholder of a corporation.
  • Where no business is conducted in the U.S. and the members/shareholders, director and officers are not US Citizens, a Delaware Company has the same characteristics as a normal “Offshore” Company.
Key Corporate Features
General
Type of EntityLimited Liability Company (LLC)Corporation
Type of LawCommon & StatutoryCommon & Statutory
Shelf Company AvailabilityYesYes
Minimum Government Fees (Excluding Taxation)USD 300USD 225
Corporate TaxationNone*None on Out-of-State Profits*
Double Taxation Treaty AccessYesYes
Share Capital or Equivalent
Standard CurrencyUSDUSD
Permitted CurrenciesUSDUSD
Usual AuthorizedN/AUSD 5,000
Minimum Paid-up CapitalUSD 1.00USD 1.00
Directors or Managers
Minimum NumberOne ManagerOne Director
Local RequiredNoNo
Public Access to RecordsNoYes
Location of MeetingsAnywhereAnywhere
Members
Minimum NumberOneOne
Public Access to RecordsNoNo
Location of MeetingsAnywhereAnywhere
Company Secretary RequiredNoYes
Local or QualifiedNot RequiredNot Required
Accounts
Requirement to PrepareYesYes
Audit RequirementsNoNo
Requirement to File accountsNoNo
Public Access to AccountsNoNo
Other
Requirement to File Annual ReturnNoYes
Change of Domicile PermittedYesYes
* U.S. Tax laws apply, hence whether U.S. Federal Taxes will be due is subject to the circumstances of the particular company, shareholders and members and the portions of the U.S. tax code that apply to them.
General Information

The State of Delaware is the second smallest state in America after Rhode Island and is situated on the east coast of the United States in the heart of the New England business, finance and IT corridor, mideway between New York and Washington, D.C.. The United States Census Bureau estimates that the population of Delaware was 907,135 on July 1, 2011, a 1.02% increase since the 2010 United States Census.

Delaware has a separate Court of Chancery that handles Corporation law cases quickly, competently and exclusively. Judges of this court are appointed on merit alone and not elected. The corporate law of Delaware are very user-friendly and is widely recognized as being one of the best in the country, often been used by other states as a standard for testing corporate laws. As a result, its corporate laws are familiar to many lawyers both domestically and internationally.

Infrastructure & Economy

Since the 1990s Delaware has become increasingly dependent on the finance and insurance sectors for employment and income, although manufacturing and agriculture are still important. The manufacturing, credit card, banking, and insurance industries are heavily concentrated in the north, while farming is carried on mainly below the Chesapeake and Delaware Canal . Chief agricultural products are broiler chickens, soybeans, corn, and dairy products. Potatoes and other vegetables are also grown. Delaware ‘s small fishing industry harvests mainly clams, menhaden and oysters.

Industries around Wilmington, especially the chemicals and materials company that was founded by the Du Pont family in the 19th cent. and that continues to be one of the largest in the world, also contribute to the state ‘s wealth. In addition to chemicals and chemical products, the biomedical, apparel, processed foods, rubber and plastic products, and transportation equipment industries are important. Dover Air Force Base is the largest military facility in the state.

General Information
LanguageEnglish
CurrencyU.S. Dollar (USD)
Exchange ControlNone
Type of LawBased on English Common LawStatutory law based on British Common Law with extensions by the U.S. Congress and the Delaware State Legislature.
Principal Corporate LegislationDelaware General Corporation Law as amended.
Company Information
Type of Company for International Trade and InvestmentThe Delaware Corporation or Limited Liability Company (LLC).
Restrictions on TradingNone
Powers of CompanyA Delaware Corporation or LLC has the full capacity of, and all rights, powers, and privileges of, a natural person.
Language of Legislation and Corporate DocumentsEnglish
Shelf Companies AvailableYes
Language of NameEnglish
Registered Office RequiredYes
Name RestrictionsThe name must not be the same, or deceptively similar to, the name of any corporation, limited partnership, limited liability company, foreign corporation, foreign limited partnership, foreign limited liability company, or a name reserved for use of any other proposed corporation, unless written consent of the person or other entity for whom the name is reserved is filed with the articles. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name, except with an additional word such as "Incorporated," "Limited," "Inc.," "Ltd.," "Company," "Co.," "Corporation," "Corp.," or other word identifying it as not being the name of a natural person. If the name implies banking, trust, or insurance powers, prior approval of the banking superintendent or insurance commissioner is needed.
Suffixes to Denote Limited LiabilityThe name must end in Inc, Corp, Corporation, Ltd., Limited, Co. or Company.
Disclosure of Beneficial Ownership to AuthoritiesNo.
Classes of shares authorisedPar value shares and no par value shares
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