Frequently Asked Questions

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.

Do I Need an EIN for my Delaware LLC?

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 […]

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What is the Delaware Franchise Tax?

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 loses its good standing, the shield goes down. The company owners’ personal assets […]

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Can a Non-U.S. person form a US corporation or LLC?

Yes, non-U.S. citizens can form corporations and LLCs in the United States, as long as their home country is not included on U.S. Department of the Treasury’s OFAC list (Office of Foreign Asset Control). Requirements for Non-U.S. Citizens Business entities owner by non-U.S. citizens must filed the FBAR form if the business has over $10,000 […]

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Why Should I Incorporate or Form an LLC in Delaware?

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 […]

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What are the annual costs associated with a Delaware LLC?

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 […]

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How Can I Do a Delaware LLC Name Search?

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 agents@incnow.com, where a representative can […]

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Do I Need an LLC Bank Account?

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. Can You Help Me Open a Bank Account for My LLC? If you locate a bank, we can work with you to help you […]

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What entity should I form?

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 […]

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How to Find the Members of an LLC

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 typically only kept in the Operating Agreement, which is […]

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What Is the Best State to Form an LLC?

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. Why Delaware […]

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Are Delaware LLCs able to do business in other states?

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 […]

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Do you offer a mail forwarding service?

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 […]

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Can my Delaware Corporation or LLC do business in other states?

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 […]

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What is a General C-Corporation?

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. Some business owners may wish to remain a C-Corp, while others may want to become an S-corp. What Is a C-Corporation? C-Corporation is the default tax status of all Corporations. A […]

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Does IncNow offer other specialized incorporation or LLC services?

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 […]

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Do I need a business address in Delaware?

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 […]

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How Can I Obtain an EIN for My Company?

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 […]

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How Long Does It Take to Get Incorporated in Delaware?

Incorporating your business in Delaware is fast and easy compared to other states. You will typically receive your incorporation documents within 4-6 days after submitting the necessary documents to the Delaware Division of Corporations. The Delaware Division of Corporations is known for quickly and efficiently processing filings and forms nearly 2 million business entities per […]

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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 […]

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Do I have to maintain an office or bank account in Delaware?

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 […]

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How does a Delaware Corporation or LLC limit my liability?

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 […]

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Can one person form a Corporation or an LLC?

Yes, one person can form an LLC in Delaware, which is known as a “single-member LLC”.  What Is a Single-Member LLC? A single-member LLC has only one Member and can be used for a variety of business purposes, such as solo consultant businesses and real estate transactions.  For federal tax purposes, a single-member LLC is […]

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Can IncNow help my Delaware Non-Stock/Non-Profit Corporation qualify as a tax-exempt charitable, religious, educational, and scientific organization?

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 […]

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