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Why IncNow? Agents and Corporations, Inc. has been a family owned and attorney-operated business since 1974. For over 30 years, entrepreneurs have trusted us to form their corporations and LLC's, for as little as $9 plus state and agent fees. More >>
 

Why you should organize your Limited Liability Company or Corporation in Delaware:

The internal operations of Delaware Corporations and LLCs are governed by Delaware law. The US Chamber of Commerce has rated Delaware's litigation system #1 of all 50 states in the past seven years in every category (Judges' Competence, Judges' Impartiality, Overall Treatment of Tort and Contract Litigation, etc.)

Additionally, recent amendments to the Delaware LLC Act now make it the state-of-the art jurisdiction for LLCs. Delaware's Charging Order Remedy is exclusive and very narrow, to starve out a creditor. Creditors are no longer entitled to other legal and equitable rights to attach assets. Assignees are also bound by the Operating Agreement even if they did not sign it.

For personal service, please feel free to call our Incorporation Specialists on our toll-free line (800) 759-2248 if you have any questions.

Yours truly,

 

Frequently Asked Questions (F.A.Q.)



 
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Glossary


Entity Types



What is the difference between a Corporation and a Limited Liability Company (LLC)?

Like a Corporation, an LLC offers limited liability to its owners. Unlike a Corporation, however, an LLC is taxed as a Partnership or Sole Proprietorship (unless the LLC elects to be taxed as a Corporation). This allows an LLC to pass all its income and losses through to the owners.

Furthermore, the LLC has an advantage over a C-Corporation which makes an S-Corporation tax election because the S-Corporation can only have 100 stockholders and the stockholders cannot be Corporations or non-U.S. citizens.

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What is a General C-Corporation?

For tax purposes, all Corporations are General C-Corporations when they are formed. This tax status permits them to pay a 15% federal rate on the first $50,000 of taxable income each year.

An LLC can elect the C-Corporation tax status. They can deduct health insurance, medical and dental expenses and disability insurance premiums for employees (who may also be stockholders).

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How does a Delaware Corporation or LLC limit my liability?

The stockholders of a Delaware Corporation and the owners of units in a Delaware LLC are not personally liable to the creditors of a Delaware Corporation or LLC unless they personally guarantee the obligations.

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Why Delaware?



Why should I incorporate or form an LLC in Delaware?

Delaware is an easy and reliable state in which to incorporate or form LLCs, plus the annual cost is low. A few examples of Delaware’s benefits include:

Easy and Reliable

  • Delaware law has been tested and provides predictability.
  • Delaware regularly updates its laws to remain the leading state for incorporation.
  • Delaware has a separate Court of Chancery that handles Corporation law cases quickly and competently.
  • Delaware allows the owners and managers of an LLC to remain anonymous.

Annual Costs

  • The Delaware Corporation minimum annual franchise tax is $75 and the filing fee is $25.
  • The Delaware LLC annual fee is $250, regardless of capitalization.

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What tax savings will I receive by incorporating in Delaware?

Delaware has no sales tax or intangible personal property tax. No Delaware income tax has to be paid and a business license is not required if the Corporation does not do business in Delaware.

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Can my Delaware Corporation or LLC do business in other states?

Yes, Delaware Corporations and LLCs can qualify to do business in all 50 states and in foreign countries.

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The Formation Process



How Long Does the Formation Process Take?

After completing the Online Incorporation Form, you will typically receive your formation documents via Priority Mail Delivery within 4-6 days.

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Can one person form a Corporation or an LLC?

Yes, one person (U.S. or foreign) can incorporate a Corporation in Delaware. One person (U.S. or foreign) can also form an LLC in Delaware.

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Can a foreign person or Corporation form a Delaware Corporation or LLC?

Yes, a foreign person or Corporation can form and be the owner of a Delaware Corporation or LLC.

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Can one person be an officer and director?

Yes, one person (U.S. or foreign) can be the President, Secretary, Treasurer and Sole Director of a Delaware Corporation, without disclosing the name or names in the Certificate of Incorporation. (Note: the Director or Directors are allowed to amend the bylaws of the Corporation).

One person (U.S. or foreign) can also be the owner and managing member of an LLC.

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Formation Requirements



Do I need a business address in Delaware?

No, you do not need to have a business address or office in Delaware. The business address will be at the location where you conduct your business.

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Do I have to maintain an office or bank account in Delaware?

No, an office or bank account does not have to be maintained in Delaware.

An annual fee of $90 is paid to Agents and Corporations, Inc. (Incnow) to serve as the statutory Registered Agent and to receive and forward copies of legal actions filed against the Corporation. Annual meetings can be held at any place and minutes can be signed by consent without a meeting. If you request it, we can also make referrals for mail-forwarding services and/or bank accounts.

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Are there any minimum capital requirements?

No, Delaware does not have a minimum capital requirement to incorporate a Corporation or form an LLC.

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Other Incnow Services



Can Incnow help me obtain a Taxpayer Identification Number (EIN) for my company?

We provide IRS Form SS-4 to apply for an EIN. For an additional fee we can also assist you in completing and filing Form SS-4.

The IRS telephone number to call for an EIN is 1-800-829-4933 in the US, and 215-516-6999 outside the US.

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Can Incnow help my Delaware Non-Stock/Non-Profit Corporation qualify as a tax-exempt charitable, religious, educational and scientific organization?

We provide the form of Certificate of Incorporation required by the Internal Revenue Service for 501(c)(3) organizations. The form should be submitted to the IRS with the Form 1023 application to apply for a determination of tax-exempt status.

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Does Incnow offer other specialized incorporation or LLC services?

Incnow (Agents and Corporations, Inc.) can assist you with:


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David Williams

Agents and Corporations (INCNOW) is owned and operated by David N. Williams, Esq. a Delaware and Florida attorney with a Masters Degree in Taxation from NYU.

John WilliamsVice President John L. Williams, Esq., is an attorney licensed in Delaware, New York, Massachusetts, New Jersey, and Pennsylvania.

a. John Williams recently lectured at a National Business Institute seminar and the Delaware Trust Conference on how to use a Delaware LLC in business transactions.

About Us

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The Williams Law Firm, P.A. acts as general counsel for Agents and Corporations, Inc. The firm has an "A" rating from the Martindale Hubbell Law Directory. To decide on the type of company you should form and to get help with the technical details, call 800-759-2248.

Contact Us

If you have any questions on which entity or state to choose, then please contact us for immediate assistance.

Contact:
David Wiliams, Esq., John Williams, Esq., or any of our Incorporation Specialists
Address:

Agents and Corporations, Inc.
One Commerce Center
1201 Orange Street, Suite 600
PO Box 511
Wilmington, New Castle County, Delaware 19899-0511

Website:
Phone:
302-575-0877
Toll-free:
800-759-2248
Fax:
302-575-1642
E-Mail:

When sending us an e-mail, please provide us with your name, address, telephone number and fax number so that we can promptly respond to your request. Thank you.