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Please Note: We sincerely hope you're staying safe during the COVID-19 Emergency. At IncNow, we've made adjustments to keep our team safe, like working remotely, but we're still here and open for all of your incorporation and registered agent needs.

What Does LLC, Inc, Co, Corp, and Ltd Mean?

By IncNow August 31, 2020
types of entities

You may be asking “What does LLC stand for,” “Which entity should I choose,” “What is Inc.,” “What does Co. mean,” “What is LLC,” or “Ltd vs. LLC?” Before you incorporate, you need to choose which type of entity is right for you. This isn’t something you’re born knowing, and it’s not taught in schools. […]

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Can an LLC Be a Non-Profit?

By IncNow August 26, 2020
rower

Traditionally, non-profit companies are corporations. However, there is a way to get the protection of an LLC while retaining the structure of a non-profit corporation. When expanding the operations of their non-profits, existing non-profit corporations may consider adding higher risk assets to subsidiary LLCs. These LLCs exist under the umbrella of the already qualified 501(c)(3) […]

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What Is a Delaware Certificate of Good Standing?

By IncNow August 17, 2020
Delaware flag

A Delaware Certificate of Good Standing is a one-page document issued by the Secretary of State that proves a company’s ability to do business. The Secretary of State will issue one when there is no overdue Delaware franchise tax (or annual reports, in the case of a corporation). Some other states will refer to this […]

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What Is a Loan Out Company, Exactly?

By IncNow

This is a common scenario with a loan out company: Tom is a talented actor. He is a short-term employee of various production companies on film, television and other commercial acting gigs. He is accustomed to being paid as an employee. All of his wages are subject to self-employment tax (Medicare and Social Security tax). […]

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How to Become an LLC: 5 Steps

By IncNow August 11, 2020
5 steps

Becoming an LLC is an easy and inexpensive way to protect yourself from personal liability for business obligations. It’s definitely worth considering if you have your own business—even if that business is you.

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What Does the President of a Corporation Do?

By IncNow
question man

Whether you’re interested in forming a corporation or are just curious, it’s understandable to wonder, “What does the President of a Corporation do?” Traditionally the President of a Corporation is the highest executive officer. The Bylaws of the Corporation set forth the role of the President. Some businesses have also established higher offices, such as […]

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How Much Does It Cost To Incorporate a Small Business?

By IncNow
piggy bank

We often hear these questions from small business owners: What is the cheapest option for incorporating my company? How much does it cost to incorporate? Should I form an LLC? What incorporation fees can I expect? Across all fifty states, Delaware is near the median for incorporation costs. Among the top-tier states such as Florida […]

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A Delaware Series LLC Can Help Protect Your Businesses

By IncNow July 29, 2020
Subsidiary

The Delaware Series LLC is a business entity which enables members to place a web of liability shields over individualized assets within a single LLC. As the name suggests, a Series LLC entails a singular organization empowered to self segregate its assets. This creates many rings of protection. As the Delaware Series LLC has risen […]

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What Are the Benefits of a Delaware LLC?

By IncNow
Delaware flag

When it comes to incorporation and LLC formation, there is Delaware and then there is the rest of the world. By dedicating itself to the needs of businesses, the state of Delaware has distinguished itself as the leader in desirable corporate and LLC legislation. Combining reasonable filing and maintenance fees, responsive administrators and an exemplary […]

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You Don’t Need a Lawyer to Incorporate Your Business

By IncNow July 27, 2020
lawyer

When deciding whether to form a Delaware LLC, you may wish you had gone to law school so that you could understand everything you are reading. But attending law school would not help you. Law schools do not teach law students the mechanics of incorporating. Most law schools dedicate no more than one lecture to […]

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What Does Apostille Mean?

By IncNow July 14, 2020

Apostilled documents have a physically-applied gold seal. Most likely, you will need the original sent to you. We can email it followed by Global Priority Mail or send it to you by International FedEx. What Does Apostille Mean, Exactly? An Apostilled Certified Copy from the Secretary of State is required by certain countries which accept […]

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What, Exactly, Does It Mean to Incorporate?

By IncNow June 15, 2020
Delaware corporation

The concept can be confusing at times, but there is a difference between forming a business and incorporating. Interested in incorporating your business, but not sure exactly what it entails? Here’s the definition of incorporating, plus what it means to incorporate. What Does It Mean to Incorporate? A business is formed when the formation involves […]

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Tax ID vs. EIN: What’s the Difference?

By IncNow

Incorporating your company is an exciting process, but the work isn’t done after you form an LLC or Corporation. After that, there are several more steps to take, like getting a tax ID number for your business. The process of getting a tax ID isn’t complicated, but there is often some confusion about what, exactly, […]

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What is the Best State to Incorporate in?

By IncNow June 8, 2020
why delaware

It can be intimidating to choose a state to incorporate in. You don’t need to incorporate in the state where your business physically resides. Instead, you can incorporate anywhere. Which is the best state to incorporate in? Here are some things to consider. Things to Consider When Choosing a State to Incorporate What is the […]

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What Is a Juridical Entity?

By IncNow June 3, 2020
Delaware corporation

When you organize a company, the language may be English, but the jargon sounds “foreign” like you are playing a card from Dungeons and Dragons for an invincibility cloak. Wading through the lingo, one particular term you may encounter is “juridical entity.” While “juridical” simply means “legal”, knowing the characteristics of a juridical entity is […]

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What is an Umbrella LLC?

By IncNow May 27, 2020
umbrella

Often a serial entrepreneur will form multiple “brother-sister” companies to keep their assets from becoming commingled. But if an entrepreneur has partners that also own an interest in each of these companies, it can generate a separate partnership tax return for each entity. One way to simplify this is to form a holding company with […]

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How to Form a Quarantine Business

By IncNow May 21, 2020
startup guy

It’s no secret that COVID-19 is changing the lives of many people. On the job front, some people are facing unemployment or job insecurity, and workplaces are starting to discover that the standard office model may not be efficient or even needed anymore. The pandemic has also delivered a blow to the economy, causing some […]

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What Is a Quasi Entity?

By IncNow May 16, 2020
asset protection

If you have several related business ideas, filing a Series LLC can be an attractive option. But simply forming a Series LLC doesn’t entitle you to the internal asset-by-asset protection of a Series LLC. Instead, there are certain steps you need to take to make sure that you (1) have established protected series by the […]

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What Is Shareholder Primacy, and Why Does It Matter Right Now?

By IncNow May 11, 2020
covid mask

In this COVID-19 crisis, is it within the discretion of the board of directors to change manufacturing lines to produce masks and other personal protection equipment for front line medical workers? Can corporate boards decide to use their supply chains to provide bulk food to hungry citizens at cost?  These are big questions facing companies […]

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The Series LLC Can Protect Your Business from an ‘Infection’

By IncNow April 21, 2020
scooter

Just as an infected person with a virus can infect nearby healthy people, an asset with a liability in a company can be a bad apple that unnecessarily exposes all the good apples to a liability. In this case, the “virus” is not a germ, but rather a judgment creditor who tries to collect against […]

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Your Annual Delaware Corporate Stockholder Meeting is required and recommended

By IncNow April 1, 2020

Delaware corporations must hold stockholder meetings every year (even for family businesses and one-owner businesses). Failure to do so may call into question whether your corporation has been following necessary corporate governance formalities. Legalities aside, it is good to meet with stockholders and provide an update on the current activity and plans and listen to […]

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Does a Delaware LLC Have to Pay California Taxes?

By IncNow March 3, 2020
Delaware v California

Looking to form a California LLC? Learn more here. Why forming in Delaware instead of California is better for business. The only ship that doesn’t float is a partnership. Don’t put your personal assets at risk. What are Delaware LLC taxes? Will your Delaware LLC have to pay taxes to both California AND Delaware? What […]

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What Is a Subsidiary, Exactly?

By IncNow
Google Alphabet

The term ‘subsidiary’ is thrown around sometimes in business. Google, for example, recently made headlines when it was announced that its parent company, Alphabet Inc., is breaking into subsidiaries. It’s understandable that you might not be exactly clear on what it means. Subsidiaries are important but often fail to get the attention they deserve. Business […]

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What You Need to Know About the Delaware B Corporation

By IncNow February 17, 2020
B Corp

Do you want to make money while promoting clean and green practices? Are you promoting employment of disadvantaged people? A Public Benefit Corporation (“PBC”) in Delaware, which some refer to as a B-corporation, is a new type of corporate structure. It is a for-profit business that has a stated “public interest” purpose set out in […]

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Who are the Members of an LLC and who manages the LLC?

By IncNow February 4, 2020
member and manager

Something to know before forming an LLC is how to manage an LLC. The answer lies in the LLC members, whether they are just members or managing members. There can be subtle nuances with these depending on the individual LLC. What Is the Owner of an LLC Called? An LLC is owned by Members, some […]

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What is an LLC (Limited Liability Company), and How Is It Formed?

By IncNow January 13, 2020
filing cabinet

Many companies are LLCs. While the abbreviation can be spotted at the end of many company names, it’s understandable that you might not be entirely clear on what, exactly, an LLC is. Each state has its own unique statutory law that sets forth requirements to form a Limited Liability Company (hereinafter “LLC” or “Company”). Although […]

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How to Name Your Delaware LLC

By IncNow
business names

Prior to filing a corporation or LLC in the State of Delaware, you may want to check if the corporate name is available on the Delaware Secretary of State’s website. Below are a few guidelines on how to name your LLC or corporation. 1. When checking the name on the Division of Corporation’s website, the […]

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Why the Delaware C Corp Is a Good Option for Startups

By IncNow
startup tax elections

While every business has a beginning stage which could be termed “the startup phase,” increasingly this term is being reserved for a narrower category of high-growth ventures. In the digital era, these “concept” businesses have become known generally as “startups”. Many of these focus on technology. However, we call a variety of businesses startups if […]

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What is the best way to incorporate a tech startup?

By IncNow January 7, 2020
startup launch

Where should you form your startup? What is the best type of business for a small tech startup? Is an LLC or corporation more common? Dear IncNow, What is the best way to incorporate a tech startup? What steps should I follow? Dear Customer, The considerations in forming a startup are the same as considerations […]

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What’s the Cheapest Way to Form an LLC?

By IncNow November 25, 2019

What are the minimum required costs to form an LLC in Delaware? Why choosing the cheapest Registered Agent for your LLC is risky What criteria you should use to select a Registered Agent “Dear IncNow, I have seen registered agents that ask for around $300 per year. In addition, Delaware asks for around $300 per year for […]

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Do LLCs Have Stock or Shareholders?

By IncNow October 28, 2019

We often get questions about LLC stockholders, bylaws, stock certificates, directors, minutes and sometimes a Limited Liability “Corporation.” It’s understandable to have questions about how LLCs are structured and operate. Here’s what you need to know. Do LLCs have stock? Typically, units of LLC ownership are not called shares of “stock”. In most LLCs, the […]

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How Is an LLC Taxed?

By IncNow September 18, 2019
types of entities

The LLC is popular choice when it comes to company formations, but business owners often have one very important question: How is an LLC taxed? The taxes an LLC pays can vary, but there are some important facts to know about LLC taxation. LLC Taxes Four out of five businesses that incorporate with IncNow choose […]

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¿Puedo crear una empresa en los Estados Unidos?

By Will Purman September 11, 2019

¿Puedo crear una empresa en los Estados Unidos? En IncNow hemos visto un creciente interés por los beneficios que ofrece el Estado de Delaware a personas y entidades internacionales a la hora de establecerse en los Estados Unidos. Debajo damos respuesta a preguntas que frecuentemente recibimos de nuestros clientes y que presentamos en español para […]

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Should I Set Up an LLC Holding Company?

By IncNow August 6, 2019
houses on coin stacks

How you can protect your businesses from the liabilities of your other businesses Does a D.B.A. offer you any legal protection? Are there alternatives to setting up a separate LLC for each business or property? If you have multiple LLCs, it’s only natural to wonder if you should set up an LLC holding company. In order to determine […]

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How to Save on Single Member LLC Taxes

By IncNow July 19, 2019
single member llc tax

Most businesses end up cutting into profits simply by not taking advantage of the rules the IRS has laid out for them. The most susceptible to this common downfall is the sole proprietor or single-member LLC. It’s possible to save on single member LLC taxes—you just need to know the right steps to take. What is […]

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What is a Single-Member LLC Operating Agreement?

By IncNow June 6, 2019
LLC Agreement

One person can form an LLC in Delaware. These LLCs are known as “single-member LLCs”. You can use a single-member LLC for everything from financing real estate transactions to solo consultant practices. Why Create a Single Member LLC Operating Agreement? Despite having only one member, it is still wise for single-member LLCs to have a […]

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How to Handle LLC Capital Contributions and Distributions

By IncNow March 29, 2019
LLC capital contributions

Members of an LLC are subject to capital contributions, i.e. the amount of money or assets given to the business by one of the members, and profit distributions based on terms they agree to in the Operating Agreement. Below we talk through several key issues for you to consider as you receive and distribute capital […]

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What does it mean for a company to “go void”?

By IncNow February 8, 2019
full mailbox

If you have a Delaware LLC or corporation and have neglected to pay your agent or state fee, you may have been told by your registered agent that the company is in danger of “going void.” What does void mean? In the context of Delaware LLCs and corporations, it means that the registered agent “resigned” […]

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What Is a Delaware Dynasty Trust (And Do I Need One)?

By IncNow January 23, 2019

Families often want to save taxes and provide for future generations. With a Delaware irrevocable trust setup as a Dynasty Trust you can avoid the dissipation of assets by transfer taxes. This allows your family to accumulate substantial wealth free of transfer taxes. Plus if none of the beneficiaries are in Delaware, there is no […]

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How Do I Open a Bank Account for a Delaware Company?

By IncNow
Open a Bank Account

We often get questions from entrepreneurs about how to open a bank account for a Delaware company. Each bank in the United States has its own requirements so you must check with the bank. Below are guidelines, that serve as a floor, banks must follow. Often a particular bank will ask for additional information pursuant […]

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The Difference Between the Delaware LLC and Corporation

By IncNow November 28, 2018
LLC vs Inc

The Delaware Limited Liability Company Compares Favorably to the Delaware Corporation When starting a business, you probably have a lot of questions, including “Is an LLC a corporation?” and “Where should I incorporate?”. You do not have to incorporate in your home state if the laws there are unfavorable to protecting you. Instead, you can […]

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Why Form an LLC in Delaware?

By IncNow October 19, 2018
Delaware flag

To have access to the gold standard of business laws, you should form an LLC in Delaware. Delaware offers an abundance of protection for business owners who choose to form a Delaware LLC no matter where you live and work. The shield of Delaware protects business managers from litigation risks and compares favorably to businesses […]

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What Happens to My LLC Membership Interest When I Die? Buy Sell Tips

By IncNow October 12, 2018
Death and LLC interests

In both single-member and multi-member LLCs, the owners need to have a plan for what happens in the event that a member dies. Should the LLC continue or should it automatically trigger cancellation? Who has the right to buy the deceased member’s interests? Do family members obtain voting rights or just assignment of distributions? These […]

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Delaware LLC Member Buyout Options: Shotgun, Baseball, Drag-Along, Tag-Along, Rochambeau, Coin Flip

By IncNow October 5, 2018
baseball buyout

Keep your Delaware LLC from sinking prematurely as a result of member business divorce. Plan ahead for inevitable partnership disputes by drafting membership prenuptial provisions from the outset. In this article we teach you the vernacular of LLC member buyout options, such as “Baseball” versus “Shotgun”, “Tag-Along” versus “Drag-Along”, and “Rights of First Refusals” versus “Rights of First Offers”. These are ways […]

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How to Plan for Exiting an LLC

By IncNow September 25, 2018
llc member exit strategy

The issue of when interests in an LLC can be transferred or bought, and by whom, and with what restrictions, is an issue that must be covered in an Operating Agreement. It is natural for business owners to be optimistic and overlook the possibility that the company may fail to live up to their initial […]

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Why should someone incorporate in Delaware?

By IncNow August 10, 2018
why delaware

The excitement of a new business venture can sometimes make the prospect of litigation seem distant, or even impossible. It is that very optimism and conviction that drives entrepreneurs to launch out in the first place. But as the old saying goes, “Those who fail to plan, plan to fail.” Should push come to shove, […]

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Does My LLC Need an EIN?

By IncNow July 27, 2018

Why your business should have an EIN, even if it’s a single-owner LLC. Is the information you submit to the IRS about your business accessible to the public? Confused by some of the questions on the SS-4 form? We provide you guidance. If you have a single member LLC (i.e. a small business with one member), you […]

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Can I Form a Non-Profit LLC, 501c3?

By IncNow July 11, 2018
B Corp

Philanthropists often ask about forming non-profit LLCs, otherwise commonly referred to as 501c3. Due to IRS regulations, LLCs are not able to be assigned tax-exempt status directly. You may form a non-profit corporation and operate an LLC wholly owned by said corporation. Non-Profit Corporations (501c3s) vs. LLCs The reason why LLCs cannot obtain a non-profit […]

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Why the Series LLC Is the Ultimate Subsidiary Factory

By IncNow June 25, 2018
Subsidiary

In the summer of 1987, “make your own sub day” was so popular in the Camp Tockwogh mess hall, that we all sang “I feel like makin’ SUBS!” This was a subtle substitution of one word in the classic rock lyrics, Feel Like Makin’ Love by Bad Company. I still love making subs, but nowadays […]

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“Converting” a Corporation to a Delaware Public Benefit Corporation

By IncNow June 7, 2018
Convert to PBC

A conversion from a corporation to a Delaware Public Benefit Corporation has many advantages for existing Delaware corporate directors. A Delaware public benefit corporation is a for-profit corporation “that is intended to produce a public benefit or public benefits and to operate in a responsible and sustainable manner.” Del. Code Ann. tit. 8, § 362. […]

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Why This IncNow Incorporation Consultant Gets Up at 4:15 A.M.

By IncNow April 16, 2018

Austin Craig is currently an Incorporation Consultant at IncNow. After graduating from the University of Delaware with a B.S. in Marine Science, he was searching for employment while finishing a research project involving forage fish and algicide treatment at UD’s Lewes, Delaware campus. How did he end up at IncNow after studying science you ask? […]

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4 Important Things to Know About Delaware LLCs

By IncNow January 18, 2018

I recently attended an LLC seminar sponsored by the National Business Institute in Wilmington, DE. The seminar was titled “LLCs From Start to Finish.” As an incorporation specialist with IncNow it served as a chance to reinforce my knowledge on all-things-LLC and learn from presenters with different perspectives on Series LLCs, accounting issues, and particularly […]

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The History of LLCs

By IncNow

Two hundred years ago, if you were to invest in a shipping sailboat going across the ocean, the owners were personally responsible for not only the cargo and the ship but everything that went wrong; if it ran into a dock or another ship, the owners were responsible. This caused the owners to be afraid […]

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The Series LLC: Not Your Average Business Entity

By IncNow
series llc ted talk

IncNow President John Legaré Williams recently gave a TEDxWilmington Talk on the series LLC. This is what he discussed. The Series LLC allows you to separate your assets Many business types can use the Series LLC The Delaware Series LLC is a popular choice I need you to suspend your disbelief just for a second […]

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Delaware Blockchain Legislation to Revolutionize Corporate Record Keeping

By IncNow July 31, 2017
filing cabinet

Delaware corporations are now able to store corporate records on a blockchain, thanks to legislation passed this week by the Delaware General Assembly and signed by Governor John Carney. This innovative legislation allows Delaware companies to finally toss the stacks of paper stock ledgers collecting dust on shelves, and provides a secure and immutable electronic […]

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IncNow’s William Purman Competes in the Piediluco International Regatta

By Will Purman May 10, 2017

IncNow’s Technology Director, William Conesa Purman (University of Delaware ’13), has been with IncNow since 2011, while also training often twice a day as a high-performance rower at Pennsylvania Athletic Club and Malta Boat Club in Philadelphia, Pennsylvania. He rows for the Puerto Rican National Team and almost qualified for the Olympic Games in Rio […]

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How do I file the annual report for a Delaware corporation? Brace yourself….actually it’s pretty easy.

By John Williams February 9, 2017

Time waits for no man. March 1st is the deadline. Filing the Delaware annual report online only takes five minutes. Avoid the $125 penalty, plus interest and keep your corporation in good standing status by filing your Delaware annual report on-time. The Delaware General Corporation Law requires that every corporation in Delaware file an annual report and […]

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Small Business Tax Loophole Allows LLC to be Taxed at 15% Rate

By IncNow December 20, 2016

Can I save money on taxes with a Delaware LLC? Here are ways that a Delaware LLC could save Federal income and employment tax. After forming an LLC, there are three alternative tax regimes. No action is required for the first one, and the other two tax elections can be elected into if you think […]

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IncNow’s President to Speak at Delaware State Bar Association Seminar on Starting New Law Firms

By IncNow December 9, 2016

IncNow President John L. Williams has been selected by the Delaware State Bar Association to serve as a speaker at the inaugural Starting a Law Practice seminar. The two-session seminar, sponsored by the Law Office Management Assistance Program of the DSBA, is geared towards Delaware attorneys looking to build their own firm.The seminar will cover a broad […]

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IncNow IT Director Competes at the SilverSkiff Regatta in Italy

By Will Purman November 30, 2016

IncNow’s Technology Director, William Conesa Purman (University of Delaware ’13), has been with IncNow since 2011, while also training often twice a day as a high-performance rower at Pennsylvania Athletic Club and Malta Boat Club in Philadelphia, Pennsylvania. He rows for the Puerto Rican National Team and almost qualified for the Olympic Games in Rio […]

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IncNow President Provides Contribution to American Bar Association Article on LLC Operating Agreements

By IncNow October 20, 2016
ABA Operating Agreement

The American Bar Association tackles Delaware LLC operating agreements and general business practices in a new article featuring IncNow President, John Williams. Williams serves as a key contributor in “Operating Agreements Today: The Foundation to Avoid Controversy Tomorrow,” found in the ABA’s Probate & Property magazine. The passage outlines common oversights when forming an LLC, […]

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Global Delaware and IncNow Team Up for Online Business Formation

By IncNow October 14, 2016

Forming a Delaware LLC or corporation for entrepreneurs is about to get even easier with IncNow thanks to an initiative of Global Delaware and the Delaware Division of Libraries. On Monday, October 17th, IncNow incorporation specialists will be present at the Inspiration Space within the Wilmington Public Library as it plays host to Governor Jack Markell […]

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How the Federal Reserve Influences Interest Rates

By IncNow August 15, 2016

Almost daily there is speculation in the media and in discussions among investment professionals about whether or not the Federal Reserve will raise or lower interest rates, or keep them at the same level. Changing interest rates is not as simple as issuing a press release stating what the rate will be. It is far […]

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What is the difference between an LLC and a Corporation from an organizational perspective (non-tax)?

By IncNow August 1, 2016
asset protection

Unlike a Delaware corporation, a Delaware limited liability company (“LLC”), is characterized by the following “built in” attributes often not found in the documents, older rules and stricter formalities that apply to corporations. Of utmost importance to the Delaware LLC’s desirability is the freedom of contract for its members in arranging the organizational structure of […]

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Why Should I Incorporate in Delaware?

By IncNow July 28, 2016
why delaware

Incorporating in Delaware has many advantages and benefits over incorporating a business in your home state. Before explaining the advantages of incorporating in Delaware, it is important to know you are eligible to run your business as a Delaware corporation or a Delaware LLC no matter where you live. A business operating almost anywhere can […]

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Blockchain: From Bitcoin to Delaware Stock Transfer

By IncNow July 12, 2016
Delaware Blockchain Initiative

When Satoshi Nakamoto (pseudonym for unknown author) created the cryptocurrency Bitcoin on October 31, 2008, he envisioned the possibility of transacting payments without the need of a third party authenticator or government entity and international payments free of conversion rates. This new, decentralized system of recording transactions marked a disruption for traditional banking, because cutting […]

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How to add or remove members from a Delaware LLC

By John Williams May 5, 2016
how to add members to an llc

How is the change in membership documented? Typically, the names of LLC members are not filed with the State of Delaware, therefore there is no amendment that needs to be filed with the Delaware Division of Corporations or your Registered Agent to add or remove members from a Delaware LLC. The names of the members […]

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Purman Finishes 10th at Pre-Olympic Qualifier

By IncNow April 22, 2016

IncNow Technology Director Will Purman has been with us since 2011, while also training often twice a day as a high-performance rower at Malta Boat Club in Philadelphia, Pennsylvania. We are pleased to share the final post in Will’s series of blogs recounting his recent travels and international race results. To catch up on how […]

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Wyoming Supreme Court Makes Piercing Single Member LLC Veil More Difficult

By IncNow March 31, 2016

UPDATE: In the aftermath of the Green Hunter Energy case, Wyoming legislature recently added two new subsections to its LLC Act that will make “piercing the veil” of a Wyoming LLC more difficult. The law has been amended to address the limited liability of Wyoming LLC Members, which was weakened by the Green Hunter decision: […]

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Using LLCs in sophisticated real estate financing

By IncNow March 23, 2016

For acquisitions or refinancings over $5 Million, the borrower may be able to obtain more competitive interest rates though Commercial Mortgage Backed Securities (“CMBS”) loans instead of traditional bank financing. CMBS loans meet special requirements allowing them to be bundled and sold in blocks on capital markets. Usually income properties with tenants are the most […]

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Can an LLC be formed on a specific day?

By IncNow March 18, 2016

Can you specify a future filing date for a business? Must a business be formed on a weekday? Can you “back date” a business filing? Dear IncNow, I would like to form an LLC on a date that happens to be on a Saturday this year. Can the LLC’s formation papers still have this date, […]

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Sights set on Rio Olympics, IncNow Team Member returns to Delaware

By IncNow March 8, 2016
rower

IncNow Technology Director Will Purman has been with IncNow since 2011, while also training often twice a day as a high-performance rower at Malta Boat Club in Philadelphia, Pennsylvania. We are pleased to share another blog post of Will’s recounting his recent travels and international race results. To catch up on how Will has been […]

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When is the best time to incorporate a business?

By IncNow February 16, 2016

Once a business is incorporated, is the liability protection retroactive? Are you protected against business liabilities that arise from pre-incorporation decisions? Is the state fee prorated if you incorporate later in the year? Dear IncNow, When is the best time to incorporate a business? If money has already been spent before incorporation, should it be […]

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Should my Registered Agent sign the LLC Agreement?

By IncNow February 10, 2016

If the Certificate of Formation does not list owners, what document proves I am an owner? My bank won’t accept the LLC Agreement. Do I have another option? Is it necessary to amend my Certificate of Formation to list the owners? Dear IncNow, My bank is telling me that I need my registered agent to […]

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Does My Delaware Corporation Need New York Foreign Qualification?

By IncNow February 3, 2016

What does it mean to be a “foreign” corporation? How can I tell if I need Foreign Qualification for my corporation? Where can I open my business bank account? Dear IncNow, I am the only founder of a Delaware C-Corp startup that is still in development, living in New York. Do I have to register […]

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IncNow Team Member Training for 2016 Olympics

By IncNow January 29, 2016

IncNow Technology Director Will Purman has been working with us since 2011, while also training often twice a day as an elite rower at Malta Boat Club in Philadelphia, Pennsylvania. Will recently traveled to southern France to train for the Spring and Summer racing seasons, with the ultimate goal being the 2016 Summer Olympics in […]

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IncNow President John Legaré Williams, Esq. authors article in Business Law Today

By IncNow January 26, 2016

IncNow President John Legare Williams, Esq. was recently published as a guest author in the American Bar Association Business Law Section’s online newsletter, Business Law Today, in the January 2016 edition. John’s article, Rural Metro: Gulping Advisers and Practitioner Guidance, was featured in the Delaware Insider column, which highlights recent cases and trends in Delaware […]

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What Documents Show That a Company Has Been Revived?

By IncNow January 22, 2016

Does the simple Certificate of Revival prove that my company has been revived? Can a Certificate of Revival be used to re-open a bank account? Other than the filing fee, what other costs are associated with reviving a Delaware LLC? Dear IncNow, Thank you very much for the good news regarding the Revival of my […]

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What Should I Do After Incorporating?

By IncNow January 8, 2016

How much you should be paying to maintain your LLC and when Do you need to register your company where it is transacting business? Tips to keep your personal and business assets safe Dear IncNow, Thank you for sending the formation documents. We are updating the Operating Agreement and will sign it within a couple weeks. I will […]

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Is the Certificate of Good Standing you emailed to me the “original”?

By IncNow November 10, 2015

“Thank you for your email, but I will require an original of the Certificate of Good Standing with a raised seal. California does not accept copies. Please mail out the original with the rest of my formation documents. Thanks.” Dear Customer, The Certificate of Good Standing that we sent as an attachment to our email to […]

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Why does Delaware have such business-friendly corporation laws?

By IncNow October 27, 2015

“Why does Delaware have such business-friendly corporation laws?” Dear Customer, Delaware has the most pro-business laws of any US state and has a “goldilocks” balance of being stable and slowly evolving. When teaching corporate law, professors across the country teach Delaware corporate law. The United States Chamber of Commerce has recognized Delaware’s business dispute and […]

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Do I need to register my Delaware LLC where I’m doing business?

By IncNow October 23, 2015

If I form a Delaware LLC, will I need to register it in my home state where I do business?” Dear Customer, A Delaware company can be operated from any state within the United States. The question is whether you will need to file with the other state(s) where you are doing business. The answer is […]

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New Delaware Corporate Information System (“DCIS”) launched on September 8, 2015

By IncNow October 15, 2015

Over Labor Day weekend, after over a decade of development efforts, the Delaware Division of Corporations (the “Division”) successfully launched a new web-based system to administer its business entity and UCC filing systems.  Fortunately, Delaware state administrators and the agent community had a long period to train, test and update the system to make sure […]

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Are You a Serial Entrepreneur? Consider the Delaware Series LLC.

By IncNow October 6, 2015

Serial entrepreneurs should consider the Delaware Series LLC, the most cutting-edge type of business on the market. While it is advisable to set up a new LLC for each different business interest, if the cost of managing a dozen or more companies is overwhelming, consider another alternative: the Series LLC. Are you someone who is […]

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When I form my Delaware LLC, what add-on services do I need to order?

By IncNow September 28, 2015

IncNow’s Complete and NOW Delaware LLC packages include the documents your LLC will need to get started. In your package of formation documents, you will receive your Certificate of Formation that shows your company has been filed and Operating Agreement, which lays out the agreed-upon terms of the LLC’s operations and its ownership. An LLC […]

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Delaware LLC Operating Agreement Pre-Flight Checklist

By IncNow June 25, 2015

Delaware Courts will enforce your Delaware LLC Operating Agreement as written. It’s important to document the essential business understanding from the outset. Anyone starting an LLC in Delaware should have a written Delaware LLC Operating Agreement detailing the management and ownership structure. An LLC Agreement is required in Delaware and although the verbal agreement is legal, […]

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Delaware Helps Federal Investigators by Requiring Delaware LLC’s “Communications Contact” Have Access to a Record of Each Member and Manager

By IncNow January 14, 2015

A few years ago, pressure from U.S. Treasury and International countries prompted Delaware to require a “communications contact” for each LLC formed in Delaware. A 2014 Amendment clarified what is required of this communications contact, including access to ownership and management contact information. What is a Communications Contact for a Delaware LLC? Before these 2014 […]

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Music to Guide You from Incorporation to Success

By IncNow December 30, 2014

Finding inspiration in lyrics and energy in the rhythm can get entrepreneurs moving. Perhaps you are looking for songs or a playlist that can serve as a business start-up soundtrack for when you file a Delaware LLC to become your own boss! These songs cover everything from inspiration to innovation and should help fuel your […]

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IncNow President John L. Williams, Esq. Appointed ABA Advisor to Uniform Laws Commission on Series of Unincorporated Business Entities Act

By IncNow December 10, 2014

On November 20, 2014, the American Bar Association Real Property, Trusts and Estates Section appointed IncNow President John L. Williams, Esq. as an American Bar Association (ABA) Section Advisor on the Uniform Laws Commission (ULC) committee to draft Series LLC provisions that numerous states will use as a model for laws establishing series entities, including […]

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When It Comes to Liability, Don’t Take It Personally: Reincorporate in Delaware with a Delaware LLC Conversion

By IncNow October 27, 2014

Kevlar, a protective fabric in bullet-proof jackets, has saved countless lives of police officers and military personnel. Kevlar is a DuPont fiber product, invented in Delaware. Delaware has another invention with protective properties in its incorporation laws, which have saved countless business owners from creditors who would have pierced the corporate veil had the judgment […]

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How a Delaware Corporate Certificate of Validation Could Have Saved a Google Stock Split Had Split Been Done In Error

By IncNow October 20, 2014

Google is a high-flying stock and darling of Wall Street, but a minor error in a recent stock split could have undermined confidence in this blue chip company. These errors are more common than you would like to believe. To fix such filing errors retroactively with corporations, Delaware has enacted a “Certificate of Validation” law […]

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Why Do Commercial Mortgage-Backed Securities Loans require that the Borrower be a Delaware LLC?

By IncNow October 13, 2014

When financing real estate projects over $3,000,000 from across the country, often the best rates are available when Commercial Mortgage-Backed Securities (CMBS) loans are used instead of traditional bank financing. We have seen these requests made for a variety of business properties such as storage facilities, student housing, multi-family housing, retail centers and commercial office […]

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Moms Who Blog Should Use a Delaware LLC

By IncNow October 6, 2014

Mommy Blogs have exploded in popularity in the last few years. Now anyone with a computer or smartphone is able to express her opinion to potentially millions of female household decision-makers on easy-to-use and often free or inexpensive platforms such as Tumblr and WordPress blogs. Due to the perceived informal nature of a blog, mommy […]

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Delaware “Just Says No” To Marijuana Inc.

By IncNow September 29, 2014

Delaware may be known for being “business friendly”, but Delaware can be a buzzkill when it comes to blatant “marijuana” business names. The Delaware Secretary of State rejects certain names it administratively determines are not engaged in a “lawful business, purpose or activity.” Delaware does not mind if you want to export entity products, but do […]

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How Can Canadian Businesses Benefit from an LLC?

By IncNow June 11, 2014

If you want the benefit of an LLC in Canada, you will need to form an LLC in the United States. Most people from Canada who want an LLC will form it in Delaware. Surprisingly, Canada has no equivalent to the LLC under national or provincial laws. The process of forming a Delaware LLC and […]

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Should I Incorporate My Business in Delaware?

By IncNow May 20, 2014

Anyone who can incorporate in another state can decide instead to incorporate in Delaware. U.S. constitutional law allows you to incorporate in Delaware with the same rights and privileges as a business incorporated in your home state. The difference is that Delaware law will govern the internal affairs of your business. People from all over […]

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When Forming a Delaware LLC, Choose a Registered Agent with Direct Access to the Delaware Corporation Imaging System.

By IncNow May 19, 2014

A limited number of commercial registered agents have access to a dedicated online connection to the State of Delaware. This online filing system is not web based. It is a MS-DOS based terminal where the user has direct access to the Delaware Secretary of State Division of Corporations mainframe. DCIS stands for Delaware Corporation Information […]

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Is an Office Address Required to Incorporate in Delaware?

By IncNow March 3, 2014

One of the most commonly asked questions is whether a business address or physical address is a requirement to incorporate in the state of Delaware.  Both domestic and international customers ask this question.  Since most of the businesses filed in Delaware are located outside Delaware; this is a common concern. Do not let this concern […]

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Dedicated Delaware Series LLC information page at Incnow.com

By John Williams September 17, 2013

Just today, Incnow.com added a new page dedicated to the series LLC. This page is designed to help someone forming a series LLC to understand their operation from start to finish. It explains the difference between the cell and the company and even discusses up and coming issues to be addressed by the Uniform Laws […]

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Delaware Public Benefit Corporations: Doing Well and Doing Good

By John Williams August 5, 2013

A new Public Benefit Corporation law became effective on August 1, 2013 in Delaware. This law creates the option to incorporate a public benefit corporation, which is a for-profit corporation that also has a public benefit goal. Managers, officers, and directors must balance the best interests of stockholders, public interest, and the interests of those […]

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Why Should You Incorporate in Delaware?

By John Williams June 22, 2013

Chances are you are located outside Delaware, but your friends suggested Delaware to you. The question is why? Why would you incorporate in Delaware, when you could incorporate in your home state? We have created an infographic that explains why to incorporate in Delaware. Why is Delaware the best place to incorporate? The simple answer is […]

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Why everyone should use the Series LLC

By John Williams April 26, 2013

Incnow is excited to announce that John Williams will be presenting a seminar on the Series LLC to the American Bar Association’s section on Real Property, Trusts and Estates titled: Why Everyone Could Use a Series LLC. The seminar will be a 1.5 hour teleconference at noon on Tuesday, May 14, 2013. Having set up […]

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How is the Delaware Series LLC like an egg carton and a 747?

By John Williams March 4, 2013

Would you buy a dozen eggs with each in its own individual packaging? Would you buy a dozen eggs all sloshing around in a basket together? In the first example, the packaging is wasteful and embellished and makes them hard to open when needed and difficult to carry around. However in the second example the […]

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Do I need to obtain an EIN Number for a Delaware LLC?

By John Williams December 19, 2012

An LLC run as a one member LLC can either use the Social Security Number (SSN) of the single owner to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is also required for an LLC if it is a multimember LLC. We recommend that you obtain an EIN number […]

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2012 LLC Institute: practical aspects of charging orders

By John Williams October 18, 2012

 Potomac Boathouse John Williams is attending a 2-day conference in Washington, D.C. called the LLC Institute. Jay Adkisson is now presenting on charging orders. His position is they should not exist. They are a historical bastard. Creditors don’t use this usually. They use alter ego or something else. There is no uniformity between states on […]

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Why Attorneys SHOULD use the Series LLC – Upcoming ABA Conference Call

By John Williams September 28, 2012

John Williams will be presenting a “hot topics” conference call with the American Bar Association’s Real Property Trusts and Estates Section’s subcommittee on Partnerships and LLCs to discuss why attorneys SHOULD use series LLCs in real estate transactions. This call is tentatively scheduled for mid January, 2013. Items to be discussed will include common applications […]

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Why Bloggers Should Incorporate: How to transfer blog assets over to your new company

By John Williams September 10, 2012

You may enjoy expressing yourself in the freedom and irreverence of the blog format, unconstrained by typical journalistic restraints.  Self-imposed restraints that journalists have in traditional media is for a reason.  Journalists don’t want to publish information that, even if true, casts non-public figures in a false light, or take the chance of using copyrighted […]

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From Inspiration to Incorporation: How to turn an idea into a business

By John Williams September 5, 2012

Take a look around. What do you see? Buildings, advertisements, televisions, computers, furniture, food, vehicles, and, of course, nature. What is absent from these items is the story and where the story began. You may see brands, you may see the products, but how much thought do you ever put into how it all came […]

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IncNow Staff Adventure Profile: U.S. National Rowing Team Ambitions

By John Williams August 21, 2012

Recently many of us watched the Summer Olympics. In rowing, the United States men’s and women’s teams each won medals. IncNow is playing a small part in helping to boost the success of the U.S. National Rowing Team by providing opportunities to ambitious athletes trying out for the U.S. National Team. Vice President of IncNow, John Williams, […]

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Why incorporate with Incnow? It’s simple: Value.

By John Williams August 9, 2012

With all the incorporation and registered agent services found online; how do you know which company offers the best service, quality and timeliness at a very low cost?  This equals tremendous VALUE.  Others have registered agent fees which are as high as $300.00 per year; and filing packages which are as high as $1,000.00 (the […]

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Staff Adventure Profile: Climbing Mt. Rainier

By John Williams August 7, 2012

On July 17th, IT intern Alec Walczak boarded his flight for Seattle-Tacoma International Airport in the pursuit of summiting Mt. Rainer, a 14,411 foot peak in Washington State. His journey began on the morning of July 19th with Alec’s friend from home, six other climbers, and four expedition leaders at Paradise Jackson Visiting Center (5,000 […]

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Mitt Romney was not listed as Director or President on Delaware Annual Reports of Bain Capital, Inc. in 2000 or 2001 (only the 1999 report)

By John Williams July 16, 2012

Mitt Romney has been getting a lot of heat about SEC filings last week and this weekend. The interesting part is the discrepancies between his claims of being not involved in the management of the company, while being listed as the Chairman and President of Bain Capital, Inc. What I revealed in the previous post […]

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How are Minutes and Bylaws like the “spork”?

By John Williams February 11, 2012

Bob is deciding between a limited liability company (“LLC”) and a Corporation (“Inc.”) and he first “does his homework” to see what documents are included with the package. Bob notices the “complete LLC” includes a certificate of formation on file with the Division of Corporations and an internal LLC operating agreement. He may realize that […]

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How is a Series LLC, like a Fountain Soda?

By John Williams December 31, 2011

I was thinking about a new way to describe the “series LLC” today: the analogy is “bags-in-a-box.” The series LLC has been described as many companies in one with internal asset segregation, not available elsewhere without multiple entity filings. We have been forming these since about 2004, and were one of the early adopters. We […]

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Taking the mystery out of forming a Delaware LLC…the nuts and bolts from order to formation.

By John Williams November 16, 2011

I thought it would be helpful to explain the Delaware Limited Liability Company (“LLC” or “company”) formation process after Agents and Corporations, Inc. (“we” or “our”) receive an order through www.incnow.com.  Our office upon receiving your order will first log into the State of Delaware Secretary of State Division of Corporations (the “State”) computer system […]

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Top 10 LLC Misconceptions

By John Williams September 23, 2011

1. LLC’s have stock. No. LLC members’ ownership derives from the agreement with the company and its other members, not from the possession of a certificate. While an LLC can issue membership certificates, it is not recommended and such membership certificates are misleading. The ownership interest is derived from the contract, not possession of a […]

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