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Everyone has questions when forming a corporation or LLC. You are not alone. We are here to help. Our FAQ page addresses the most pressing issues, such as whether your company needs a Delaware business bank account and how to incorporate in Delaware.
See below for the questions we hear the most, and read the answers you need to know. If you don’t see your question below, please call or email us.
Delaware franchise tax is really important to maintain the good standing of a company in Delaware. The company’s liability shield is only in place when the company is currently in good standing. When a company falls behind on paying franchise tax and good standing is lost, the shield goes down, exposing the company owner’s personal […]
Yes. There is no prohibition against non-U.S. citizens forming a corporation or LLC unless you or your country is outlawed by the US Department of the Treasury on its OFAC list (Office of Foreign Asset Control). Business entities owned by non-US citizens must register with the US on the one page FBAR form if over […]
Delaware is an easy and reliable state in which to incorporate or form LLCs, plus the annual cost is low and the owners of the LLC as individuals are given the strongest legal protection available by any state. This is demonstrated by a US Chamber of Commerce study of state liability systems that has rated […]
Business owners are understandably curious what it costs to maintain a Delaware LLC after the formation. There are two annual costs or fees associated with keeping a Delaware LLC in “good standing”. The first is Delaware franchise tax, which is $300 due annually on June 1st. It is first due the calendar year after your […]
IncNow (Agents and Corporations, Inc.) provides two easy ways to discover the availability of a Delaware LLC or corporation name. The first way is to submit an order to IncNow and we will check the name that business day. The second way is to call us at 1-800-759-2248 or email firstname.lastname@example.org, where a representative can […]
IncNow (Agents and Corporations, Inc.) offers incorporation and formation filing services, registered agent services, qualification services, and many others. However, under the Patriot Act we cannot open bank accounts for customers. If you locate a bank, we can work with you to help you obtain any additional documents required, which may include a Statement of […]
A Limited Liability Company (LLC) is the most popular entity in Delaware. Eight out of ten entity filings at IncNow are for LLCs. When initially drafted, members have the power to craft their own LLC operating agreements. An LLC operating agreement is flexible for business needs and adaptable to any business application. The LLC also […]
Can You Find the Members of an LLC Online? When filing in Delaware, neither the member nor manager’s name or address are required in any initial filing documents. The members are not listed on the Delaware Division of Corporations’ website as they are in some other states. The names and contact information of members are […]
Delaware is the most popular state to form an LLC for people who shop around different states looking for the best state. Nine of ten LLCs formed by Agents and Corporations, Inc. (IncNow) are formed in Delaware. Agents and Corporations makes the Delaware LLC formation process easy and offers reliable registered agent services. Generally, if […]
Yes, you are allowed to operate a Delaware LLC for any legal business in every state in the USA. Under the US Constitution, your Delaware LLC is viewed as a legal “person” and other states cannot discriminate against this “person” based on where he/she/it was born or incorporated. This is protected under the full faith […]
You may wonder, “Do I need an EIN for my LLC?” A single-member LLC can either use the Social Security Number (SSN) of the single member to conduct business, or it can obtain a separate Employer Identification Number (EIN). An EIN is required for a multi-member LLC, or if you anticipate having employees. The EIN […]
IncNow (Agents and Corporations, Inc.) offers limited forwarding of mail typical of the role of a registered agent. We only forward: Legal process (lawsuits) Certified mail Government mail from the state of incorporation Should you wish to have an address for banking or general business, we have an affiliate who provides virtual office and mail […]
Yes, Delaware Corporations and LLCs can qualify to do business in all 50 states and in foreign countries. To qualify to do business in other states, you will have to apply to the state government. Usually, this involves applying to the Secretary of State for a Certificate of Qualification, although who you apply to and […]
No. Delaware does not have a minimum capital requirement to incorporate a Corporation or form an LLC. When incorporating in Delaware, a corporation must designate the amount of common stock (shares) that the corporation is authorized to issue and the par value for each (share of or type of) stock. “Par value” is the minimum value that […]
Delaware has no sales tax. Unlike most states, Delaware has no intangible personal property tax, which has been referred to as the “Delaware loophole”. No Delaware income tax has to be paid or filed, and a business license is not required if the Corporation or LLC does not do business in Delaware.
Upon formation, all for-profit stock Corporations are General Corporations and by default they are classified by the IRS as a C-Corporation for tax purposes. What Is a C-Corporation? C-Corporation is the default tax status of all Corporations. A C-Corporation may carry its losses forward from one tax year to the next. People often think of […]
Incnow (Agents and Corporations, Inc.) can assist you with: Forming a Delaware Series Limited Liability Company (Series LLC) For more information about the Series LLC, such as advantages of a Series LLC, please visit our Series LLC page. Incnow has established over 1,000 series LLCs over the past 10 years and is expert in the […]
Owners of a newly-incorporated business often wonder if they need a Delaware business address. No, you do not need to have a business address or office in Delaware. All businesses incorporated in Delaware require a Registered Agent with a physical street address in Delaware, such as Agents and Corporations (IncNow). IncNow is available during regular […]
Yes, one person (U.S. or foreign) can be the President, Secretary, Treasurer, Sole Director and sole stockholder of a Delaware Corporation. Also, one person (U.S. or foreign) can be the member and manager of an LLC.
An LLC will need to obtain an EIN if it has multiple members or employs anyone. An EIN is required to withhold taxes from employees, open bank accounts, and any application that requires a business to validate its authenticity. The EIN is the corporate equivalent of a Social Security Number (SSN) for an individual. The EIN is […]
The incorporation process in Delaware is simple and quick, particularly when compared to other states. The Delaware Division of Corporations is quick and efficient, as is the staff at IncNow, which ensures you will receive your evidence of incorporation as soon as possible. How Long Does It Take to Form a Company? After completing the Online […]
Like a Corporation, an LLC offers limited liability to its owners. Unlike a corporation the Delaware LLC members have protection from creditors of the business, and also from future personal creditors of other members to keep those hostile creditors from taking over and liquidation the business. Unlike a corporation, Delaware LLCs are “creatures of contract”; […]
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 […]
No. An office or bank account does not have to be maintained in Delaware. Agents and Corporations, Inc. (Incnow) can help you obtain a nine-digit EIN (taxpayer ID number) needed to open a bank account, but we cannot help open bank accounts. However, we are glad to provide a referral for mail-forwarding, office solutions, or […]
Generally, the stockholders of a Delaware Corporation and the owners of units in a Delaware LLC are not personally liable to the creditors of a Delaware Corporation or LLC provided they do not personally guarantee the obligations in writing. Many people form Delaware businesses specifically to have this protection, which is the strongest available. This […]
Yes. One person (U.S. or foreign) can form a corporation or LLC in Delaware. These are known as “single-member LLCs,” and can be used for everything from financing real estate transactions to solo consultant practices. However, it is still wise for single-member LLCs to have a written and executed Operating Agreement. Technically every Delaware LLC must have […]
The Delaware non-profit corporation is sought out and used by non-profits worldwide for its many unique protections of corporate directors and officers, which may not be available for a non-profit filed in your home state. We provide the Delaware form of Certificate of Incorporation required by the Internal Revenue Service for 501(c)(3) organizations. The form should be […]