Delaware

Its position at the halfway point between New York City and Washington D.C. makes it a great location to access both domestic and international markets.

 
 
overview

Delaware, USA

Key features of a Delaware company:  

  • Delaware is one of the East Coast states in the USA. It is a superb domicile to incorporate, due to its sophisticated company structure, and the ease for non-US residents to set up companies.
 
  • Delaware Limited Liability Company (LLC), which combines the advantages of a Corporation and a Limited Partnership, has made Delaware an attractive jurisdiction to protect the owners’ interest.
 
  • The owners of a Delaware LLC are referred to as members. A Delaware LLC may have a minimum of one Member, and there is no limit on the maximum allowed. Members may be individuals or corporate bodies. 
 
  • Each member of a Delaware LLC is liable only to the extent of his or her percentage of ownership in the LLC. 
 
  • The management of a Delaware LLC is based on an agreement between its Members. 
 
  • Under the concept of Freedom of Contract, the Delaware LLC statute allows parties to define their business relationship in the written agreement in whichever way they wish. For example, unlike a corporation, an Delaware LLC may distribute profits in any manner described in the LLC agreement, regardless of ownership share. 
 
  • The contractual flexibility offered by the Delaware Act is unmatched by any other LLC statute. Delaware Law provides rules only for those matters on which the parties have failed to agree. 
 
  • The structure of the LLC does not provide for a Board of Directors.
 
  • While Delaware law permits a Delaware LLC to be managed by its members, it does not require members to be managers. 
 
  • Shareholders’ details and directors’ details will not form part of the public record.
 
  • By not taxing profit generated beyond US shores, it affords you the benefit similar to an offshore company / International Business Company (IBC).
 
  • A Delaware LLC does not pay any US federal or state income tax if its owners are not US citizens or permanent residents, its offices are located outside of the US, and the LLC does conduct any business in the US. 
 
  • The IRS tax treatment of a Delaware LLC is on the flow-through tax basis, meaning that the LLC is not taxed on its profits, only the Members are liable to pay tax on their income distributed by the LLC.
 
  • Non-resident foreigners are not taxable by the U.S. on income derived out of the U.S. So if an LLC derives its income outside of the US, the non-resident foreign Members do not file tax returns.
 
  • Over 1 million corporations, including 66% of the Forbes 500 have chosen Delaware as their legal home and benefited from the Delaware system, so can yours.
Application Process:
To set up a company in Delaware, each of the Directors, Shareholders, Beneficial Owners or Authorized Signatories is required to submit the following documents: For Each Director, Shareholder & Ultimate Beneficial Owner:
  • Notarised / Certified True Copy of Passport
  • Notarised / Certified True Copy of Driving License or National ID
  • Notarised / Certified True Copy of Proof of Address (must be less than 90 days old)
  • Bank or Lawyer Reference Letter

If there are Corporate shareholders, the following documents must be provided:
  • Certificate of Incorporation
  • Memorandum of Association
  • Articles of Association
  • Articles of Incorporation
  • Register of Directors & Shareholding
We will first check if your proposed company name is available, and if yes, reserve it with the Division of Corporations, State of Delaware.

We will also prepare the necessary company formation documents including the Memorandum of Association, Articles of association, Letter of appointment of director(s) and secretary.
The staff of Offshore Tech & Intermediary Services will prepare the full package of incorporation documents, and send it to you for approval and signing.
Filing the documents to the Division of Corporation, State of Delaware on client’s behalf.
Upon registration, hard copies of the official company incorporation documents including the Memorandum of Association and the Articles of Association will be sent to the address you provided via courier.
You can bring the received documents to open a corporate bank account, or you can assign us to do the same on your behalf.
Expected Timeframe:

The prescribed time frame for the formation of a corporation in Delaware is approximately 3 to 5 working days.

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