Delaware

Forming a Company in Delaware

Delaware has specialized in welcoming companies to incorporate there. The case law in Delaware is extensive and business-oriented, often tilting in the favor of company ownership. Moreover, the courts are well spoken on business issues, and often hear related cases more quickly than other states. Whether it�s the formation of a limited liability company or professional corporation, Delaware has made its business to earn your business.

Where many states make business documents and manager names publicly available, Delaware is known generally to keep this information more private. In general, Delaware goes out of its way to make itself a hospitable location for forming your corporate entity and launching your business. As a result, most of the Fortune 500 companies are incorporated there.

Delaware�s advantages as a place for incorporating your business range from the specifics of the Delaware General Corporation Law to the flexibility built into the corporate formation process. Some general benefits of a Delaware entity include:

  • Delaware�s large body of business law helps companies plan carefully to avoid lawsuits.
  • Delaware claims that it�s General Corporation Law make it the friendliest state in America for corporations.
  • The charges for incorporating in Delaware can be low as compared to other states, including filing fees and the annual franchise tax.
  • There are other great reasons to form a corporation in Delaware including that different kinds of business can be transacted under one corporate roof, no Delaware income tax is charged to companies that don�t do business in Delaware, and Delaware has no sales or personal property tax, and that one person can incorporate in Delaware.

    Moreover, one person alone can form an LLC in Delaware. One person can be the President, Secretary, and Treasurer and sole Director of a Delaware corporation, without disclosing the name or names in the Certificate of Incorporation. The director or directors are allowed to amend the By-Laws of the corporation. One person can be the owner and managing member of an LLC. Delaware has no minimum capital requirement to incorporate or form an LLC. Delaware Corporations and LLCs can qualify to do business in all 50 states and foreign countries.

    Other benefits to form a company in Delaware:

  • Pro-Business Government Agencies - Unlike many states, Delaware's government agencies and bureaucratic structure is designed to be friendly to business owners.
  • Favorable Legal Environment - Delaware has a highly-developed legal system that contains a significant corpus of law relating to corporations.
  • No Residency Requirements - Some states require company stakeholders to reside in the state of incorporation, but not Delaware.
  • No Corporate Tax for Non-Residents - Another big benefit of incorporating in Delaware is that non-resident corporations don't have to pay corporate taxes in Delaware.
  • Delaware courts have a reputation of reaching reasonable and fair conclusions when construing the corporation laws.
  • Delaware has no sales tax, personal property tax or intangible property tax on corporations.
  • No taxation upon shares of stock held by non-residents and no inheritance tax upon non-resident holders.
  • A corporation may keep all of its books and records outside of Delaware.
  • Delaware is in the business of helping you and your business. Elite Incorporation is glad to help you form your corporate entity in Delaware.

    Useful Links

    State Home Page
    http://delaware.gov/

    Home page for the Division of Revenue, Department of Finance
    http://revenue.delaware.gov/

    State of Delaware
    http://dedo.delaware.gov/

    Delaware Division of Corporations
    http://corp.delaware.gov/

    Delaware Secretary of State
    http://sos.delaware.gov/

    Delaware Attorney General
    http://attorneygeneral.delaware.gov/

    Delaware County Chamber of Commerce
    www.delawarecounty.org/

    Delaware State Chamber of Commerce
    www.dscc.com/

    Why Choose Us to Form Your Company

  • Best-in-class Service -- our focus is you, your company and your vision. We're not a call center with operators taking orders. We're a family-owned business of trained corporate professionals supporting your vision and partnering with you to obtain the entities you need for your business.


  • Over 30 years Experience as Sophisticated, Corporate Professionals -- our staff is highly experienced, seasoned executives. We're not providing legal advice here, and yet most of us have advanced graduate degrees, including law degrees and some of us have even practiced as corporate lawyers and still do with our affiliated law firm.


  • We Know Corporate Entities -- we're in this business because we've been forming and using corporate entities our entire careers. Whether it's LLCs in New York, S-corporations in California or offshore companies in Cyprus or BVI, we know the regulations, procedures and the people.


  • Price -- we add value for good value! We're not always the cheapest option (though we usually are!), but we're inexpensive for the experience and total support we provide and will always keep our fees reasonable to encourage referrals and repeat customers.


  • Total Fulfillment -- we're here to help you and will share what we know...and we're just about as good of a resource as you can get for guidance on forming your entity, the process of starting your business, and obtaining the proper advice in the U.S. and abroad.