As you know, Delaware is the leading jurisdiction for the incorporation of companies in the United States (USA).
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 business.
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.
Corporations 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 formation/incorporation in Delaware
Low formation/incorporation fees and annual franchise/renewal fee
No Delaware income tax for Delaware companies 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.)
Director, officers and members need not be U.S. Citizen
One person can act as the only officer, director and shareholder of a Corporation
The company must have a registered agent and registered office in Delaware, but not a business office
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
