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Can a foreign person or Corporation form a Delaware Corporation or LLC?

Yes. Delaware does not discriminate against non-citizens inside or outside the United States. Many Delaware Corporations and LLCs are formed by foreign persons. However, all businesses owned by non-US persons must register with the US on the FBAR form if they ever have $10,000 or more connected to the company. Additionally, income that is substantially connected to the United States must be reported to the I.R.S.

If a foreign person plans on using their Delaware business in their home country, he may need an Apostille or document legalization for transactions or government compliance in their home country. Which certification you will need depends on whether the country signed the Hague Convention (Apostille) or has not signed the Hague Convention (legalization). Incnow is able to provide both of these services.

You may also need to show your connection to the company on a document to be filed with countries where you are doing business. If this is the case, please note on your order that you wish to list members/mangers or officers/directors/stockholders on the filing document, otherwise your name will not be listed on the initial filing, because it is not required. Additionally, we cannot assist people from prohibited countries listed with the U.S. Office of Foreign Asset Control.

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