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We've compiled for you here material commonly associated with incorporating or forming an LLC in Delaware. While we strive to maintain correct and current information, we cannot guarantee its accuracy and strongly recommend you verify all considerations and consult with a qualified professional before incorporating or forming an LLC.
Delaware is one of the premier states in which to incorporate or form an LLC. Larger companies in particular are attracted to Delaware. In fact, over 50% of the Fortune 500 companies and those listed on the New York and American stock exchanges are Delaware corporations. In fact, there are more that 650,000 corporations with Delaware as their legal home!
Delaware is widely known as a business-friendly state. Most of the modern U.S. corporation case law has been written by the Delaware Court of Chancery, a 210 year old business court where judges, rather than juries, render decisions. The court specifically addresses corporate law and has a reputation for rendering pro-business decisions.
It should be noted that a great many of the advantages of incorporating or forming an LLC in Delaware apply primarily to large public companies and smaller businesses are not likely to experience comparable benefits.
Costs & Taxes
If you are considering forming your corporation or LLC in Delaware but you will not operate there, your company must foreign qualify in each of the other states in which you will be doing business, and your company must have a registered agent in your state of formation as well as each of the states in which you foreign qualify.
Note: MaxFilings always advises you to consult with a professional who is familiar with all current laws and regulations that are applicable in your jurisdiction. And always seek the advice of a qualified “accountant”, “tax advisor” or “financial planner” when addressing tax issues. They are not only very complex but they are also subject to interpretation.