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Delaware is one of the most attractive states to place a business. This consequence is not because of the innovative law, the respected courts or the amount of case law; the law has been copied in other states, there are more respected courts all over the world and from a European view, the English case law is older and bigger compared to a state that is nearly 230 years old. Delaware is such a unique place for business because the public policy has invested in the corporations. All the powers of the state work hard every day to make simpler the life of these legal persons.
Delaware is well known all over the world for hosting a huge amount of business. A lot of American companies are based there even though its activity takes place in other state, such as Facebook, General Motors or LinkedIn. In this paper I will try to explain why Delaware has more business entities than population and why shareholders want to place their corporations in the first state of the United States.
Any person, physical or legal, can incorporate a corporation by filing with the Division of Corporations in the Department of State a certificate of incorporation. The corporation will be used to promote lawful business under this law or any other law provided by the Constitution or any other law of Delaware. It is important to point that the legislative power does not restrict the access to create a corporation for foreign people, or even for companies with its future economic activity will not take place in Delaware. This item makes that many companies decide to be present legally in Delaware.
A LLC is owned by one or more members and it can be controlled by them or by managers, as set in the operating agreement. The owner’s liability is limited to the amount of capital contributed unless the member acts as a guarantor of the corporate debt. It is taxied as a partnership, corporation, or it may disregard depending on the election made. The annual franchise tax is $300 payable to Secretary of State.
It is very simple to form the a Delaware LLC. Only a minimal amount of information is required by the Delaware Division of Corporations. This small amount of required information not only makes it easy to start an LLC in Delaware, but it also helps to keep your identity and personal information secure. Since much of your personal information isn’t required to form an LLC in Delaware, your information won’t be published on public documents. And, LLCs in Delaware don’t file annual reports, so even after your Delaware LLC is formed, your information will remain secure.
As the most business-friendly state in the US, Delaware is oftentimes referred to as a tax haven. While this is a misnomer, Delaware actively tries to maintain a healthy business atmosphere and offers benefits that other states don’t, all of which an LLC can take advantage. Our state doesn’t tax “intangible income” (like patent and trademark leases), which has made Delaware an attractive state in which to form holding companies (LLCs and corporations formed to “hold” assets, intangible or otherwise). Our state has also created incentives for LLCs formed in Delaware that don’t operate in Delaware. For example, according to § 1902, you’ll pay no state income tax as long as your LLC in Delaware doesn’t do business in Delaware.
According to Section 2301(b) and (d) of our state’s code, Delaware LLCs not doing business in Delaware are not required to obtain a business license, register with the Department of Revenue, or pay Delaware’s gross receipts tax.
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