What Is a Delaware Certificate of Incumbency?

By IncNow July 22, 2022

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 […]

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Should I Set Up an LLC Holding Company?

By IncNow May 7, 2021
holding company

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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Your Principal Place of Business is Not Your Delaware Registered Agent Office

By IncNow August 31, 2020
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When you incorporate in Delaware, where is your principal place of business? When should you list your registered agent’s address as your office address? Since most businesses filed in Delaware operate outside the state, this is a common question. The short answer is never. The only need for a Delaware address (a registered agent’s office) […]

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What Does the President of a Corporation Do?

By IncNow August 11, 2020
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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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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 does it mean for a company to “go void”?

By IncNow February 8, 2019
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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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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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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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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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