Post Archives for IncNow

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
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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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