Corporations

If you have applied for a loan with your corporation as the borrower, you may have heard the term “Delaware Certificate of Incumbency”. What is a Delaware Certificate of Incumbency and when do you need one? What Is a Delaware Certificate of Incumbency? A Delaware Certificate of Incumbency is a document signed by an officer […]

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 […]

If you’ve formed an LLC but haven’t done business this year, you may be wondering if you need to pay the Delaware franchise tax. Here’s what you need to know. What Is the Delaware Franchise Tax, Again? Franchise “Tax” is often misinterpreted to mean that the fee will be calculated based on profits or capitalization, […]

Do I Need to Live in Delaware to Incorporate There? A business operating almost anywhere can be incorporated in Delaware. Neither a Delaware LLC, nor a Delaware corporation, are required to have an office or business address in Delaware. For an address, Delaware only requires the appointment of a Registered Agent with a physical address […]

Delaware C corps are a popular choice for some companies due to their ability to attract investors. Startups in particular can benefit from a C corp tax designation, but it’s understandable to have questions about how, exactly, this works. Here’s what you need to know. How the Delaware C Corp Can Help Startups While every […]

What Is Shareholder Primacy, Exactly? “Shareholder primacy” imposes a duty upon boards of directors to put the interests of their shareholders above all others. Traditionally, management has been seen as an “agent” for the “principals” who are the owners. When the management also acts as an agent for the non-owners who are impacted by the […]