Delaware Incorporation


by Alexander Gordon - Date: 2006-12-18 - Word Count: 461 Share This!

Delaware has been a preferred destination for incorporating, as there is no corporate tax in Delaware and the state has a friendly corporate law structure. Incorporation procedure is made very easy but you may hire a lawyer to make sure that you do it as per the norms.

Steps for Forming a Corporation in Delaware: - It is necessary to decide on the kind of entity such as C, S, Professional, or Closed corporation and take the right course of action.

- Registering a name unique and one that is not a copy is the next step. The name may be reserved for a nominal fee and trademark protection can be got to ensure additional protection. The name has to comply with the applicable laws as well as end in the following words or their abbreviations "Incorporated," "Corporation," "Limited," "Company," "Association," "Club," "Foundation," "Fund," "Institute," "Society," "Union," or "Syndicate."

- A certificate of incorporation has to be filed with the Delaware Secretary of State. Expedited orders are processed within 5 to 6 days, whereas standard filing takes up to 40 business days to process on paying a fee of $119. It is necessary to include other information along with the articles, such as name and addresses of the incorporators {minimum number being one} and initial directors, statement of purpose, par value of stocks as well as he number of classes of shares and the number of shares in each class, name and address of registered agent, and principal executive office address. The registered agent must either be an individual resident of the state or a corporation, limited partnership, limited liability company or domestic statutory trust with authority to conduct business in Delaware, whose business office is the same as the registered office.

- Bylaws have to be formed. They need not be filed along with the articles but have to be maintained in the principal executive office. Bylaws may list the officers or the board of directors may appoint the officers. One person may hold all offices of the corporation.

- The minimum number of directors permitted is one, and it is not essential that they reside in Delaware. The directors have the right to adopt, amend, or repeal any of the bylaws. The officers are assigned duties such as preparing and maintaining records of the minutes as well as for authenticating records of the corporation.

- Corporations in Delaware have to file an annual franchise tax report containing information such as the name and address of the corporation, the directors and al least that of two directors. The taxes are calculated based on two kinds of methods: the authorized shares method and the assumed par value method.

These are a few tips for incorporating in Delaware. There are firms that offer services as well as products to help run a business more successfully.


Related Tags: small business, business, incorporating

Alexander Gordon is a writer for http://www.smallbusinessconsulting.com - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

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