FAQ's
General Questions
Why do so many companies incorporate in Delaware?How do I determine which business structure is best for me?
Does Delaware Entity Services provide discounts for multiple filings?
What is a registered agent and do I need one?
Can you provide me with business services in all fifty states?
Will you increase my registered agent fee in the future?
When will I know that my corporation or LLC has been formed?
Does DES impose an expedited fee?
What is the Delaware Tax?
If I incorporate in Delaware must I register my Corporation or LLC in my home state?
Why do so many companies incorporate in Delaware?
The reason is not just one but several.
- Delaware General Corporation law, is one of the most advanced and flexible corporation statutes in the nation.
- Delaware courts and in particular, the Court of Chancery, have over 200 years of legal precedent as a maker of corporation law.
- The state legislature takes its role in keeping the business laws current.
- The office of the Secretary of Sate operates much like a business rather than a government bureaucracy with its modern imaging system and customer service oriented staff.
How do I determine which business structure is best for me?
Delaware Entity Services LLC does not provide legal advice. We recommend that you contact an Accountant or Attorney who specializes in Delaware Law. Delaware Entity Services LLC is a wholly owned subsidiary of Connolly Bove Lodge & Hutz LLP, one of the nation's leading intellectual property and business law firms headquarter in Wilmington, Delaware with additional offices in Washington, D.C. and Los Angeles, CA. We would be happy to recommend an attorney.
Does Delaware Entity Services provide discounts for multiple filings?
Yes, Delaware Entity Services provides discounts for multiple filings, document retrieval request and registered agent services. Please contact us for additional information.
What is a registered agent and do I need one?
Most jurisdictions in the United States require that any business entity that is formed retain and maintain a "Registered Agent". Depending on the laws of the individual jurisdiction where the business entity is registered. This is also known as the "Resident Agent" or "Statutory Agent."
The purpose of a Registered Agent is to provide a legal address (not a P.O. Box) where persons are available during all normal business hours to facilitate the service of legal process in the event of a legal action or lawsuit. Generally, the state government sends all official documents to the Registered Agent. This includes all required tax and legal documents necessary to maintain the entity in good standing in a particular jurisdiction. The Registered Agent plays a crucial role in the entity's existence, because it is often too difficult for a business entity to keep track of legislative changes and report due dates for multiple jurisdictions given the disparate laws of different states. States may revoke a business's corporate or LLC legal status or assess additional fees on the entity as a penalty for failing to maintain a Registered Agent.
Can you provide me with business services in all fifty states?
Yes, DES can provide you with filings of Certificates of Formation, Certificates of Trust and Certificates of Incorporation. Additionally, DES can provide copies of documents on file, certified and good standing certificates and UCC work and can usually provide this within the same day of the request.
Will you increase my registered agent fee in the future?
No, our registered agent fee will remain the same for the life of the formation or incorporation. We are dedicated to building and preserving a solid business relationship with all of our clients.
When will I know that my corporation or LLC has been formed?
DES files all certificates the same day of receipt as long as it is received by 5:00 p.m. eastern standard time. You will also receive notification, via email, that the certificate has been filed and when to anticipate the receipt of the recorded certificate.
Does DES impose an expedited fee?
DES handles all requests on the same day as long as they are received by 5:00 p.m. eastern standard time. DES does not impose an additional charge for expedited services. However, each state may impose an extra charge for expedited service based upon the service requested. Please contact us for additional information.
What is the Delaware Tax?
Delaware Corporations must pay an annual state franchise tax. The amount of the franchise tax is generally based upon the number of shares of stock the corporation is authorized to issue. Taxes and annual reports must be filed electronically online no later than March 1 of each year. The minimum annual state franchise tax is $35.00 based upon 3,000 shares or less. Taxes and annual reports are due to be received no later than March 1 of each year.
All Delaware Limited Liability Companies/General partnerships/Limited Partnerships must pay an annual state franchise tax of $200 per year. Taxes are due no later than June 1 of each year and must be filed electronically.
If I incorporate in Delaware must I register my Corporation or LLC in my home state?
Your corporation or LLC is considered to be domestic only in the state in which it was incorporated or formed. In all other states, the entity is regarded as a foreign corporation or LLC. If your corporation or company plans to transact business outside the domestic state, you may need to register it in the applicable state(s) as a foreign corporation or company. DES would be happy to assist you with your filings.