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FAQ ABOUT INCORPORATE
FAQ ABOUT US
1. What are the advantages of incorporating my business?
2. What are the advantages of a Delaware Company?
3. Do I need a Corporate Seal?
4. What is a E.I.N.?
5. Do I need an attorney or an accountant to incorporate my Company?
6. What type of Company is most appropriate for my needs?
7. What are the annual obligations of my U.S. Company?
8. What are the main types of incorporated businesses?
9. What is a Registered Agent?
10. Must my Company be represented by a registered agent?
11. What are requirements of the Corporation's name?
12. What are requirements of the LLC's name?
13. Do I need a Corporate Kit?
14. What protection is granted to the Corporation's Name?
15. Is it difficult to incorporate a Company in the United States?
16. Can my Company have its headquarters outside of Delaware?
17. What is the minimal number of Company Directors?
18. How long does it take to incorporate my Company?
19. Must my Company have a bank account in Delaware?
1. What are the advantages of incorporating my business?
There are several:
- Separate Legal Identity
- Shareholders Limited Personal Liability
- Perpetual Existence
- Possibility of Tax Benefits
- Professional Image
- Greater Accessibility to the Capital.
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2. What are the advantages of a Delaware Company?
There are at least fifteen. Here they are.
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3. Do I need a Corporate Seal?
The Corporate Seal can be required by your bank, government agencies, some contracting parties, or, during the signature of certain contracts or official documents. Thus, it is preferable that your Company has one.
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4. What is an E.I.N.?
It is the Employer Identification Number, i.e. an identification number provided by the Internal Revenue Service (IRS) to every American business, whether incorporated or not, with or without employees. The E.I.N. is a single nine digit number (in xx-xxxxxxx format) which constitutes, to some extent, the social security number of the Company. It is required by various parties, such as government agencies, providers, etc. Before opening a commercial account using your Company's name, all American banks will require that you provide the E.I.N.
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5. Do I need an attorney or an accountant to incorporate my Company?
Not necessarily, but we can provide this Attorney services on request or for specific cases. In fact, Delaware-Corporate assists several lawyers and accountants during the incorporation process of American Companies. However, it can sometimes be extremely useful to consult a qualified professional for any questions of a legal, accounting or tax nature, before processing the incorporation. Delaware-Corporate is a corporate service firm only. Consequently, it cannot provide any advice or service of a legal, accounting, financial, or tax nature.
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6. What type of Company is most appropriate for my needs?
Considering that each Company is unique, Delaware-Corporate suggests that you consult a lawyer or an accountant. Delaware-Corporate is a corporate service firm only. Consequently, it cannot provide any advice or service of a legal, accounting, financial, or tax nature.
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7. What are the annual obligations of my American Company?
Each year, the Delaware Companies must:
- file an annual report (except for LLC's) and pay a filing fee of US$60;
- pay a tax (generally a minimum of US$125 for Corporations and US$250 for LLC's);
- pay the Registered Agent fees.
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8. What are the main types of incorporated businesses?
There are some several. The most popular are the Corporation (C or S, General or Close) and the LLC (Limited Liability Company).
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9. What is a Registered Agent?
A Registered Agent is an individual or corporation that resides in the State of Delaware, where your Company was incorporated. As the official representative of your Company, the Registered Agent receives and forwards you:
- any documents and notices emanating from the corporate authorities (e.g. Annual Report, Franchise Tax Notice, etc.);
- any notice or legal procedure involving your Company.
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10. Must my Company be represented by a Registered Agent?
Yes. The law requires that Corporations and LLC's be represented by a Registered Agent in the state where they were incorporated.
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11. What are requirements of the Corporation's Name?
The Corporation's Name must include any of the followings identifiers (or ending words): "Corporation", "Incorporated", "Association", "Company", "Club", "Foundation", "Fund", "Institute", "Society", "Union", "Syndicate" ou "Limited", or an abreviation of them (e.g. "Corp.", "Inc.", Co.", "Ltd." etc.). It is possible to prefix abbreviations by a comma (e.g. Delaware-Corporate, Inc.) or not (e.g. Delaware-Corporate Inc.).
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12. What are requirements of the LLC's Name?
The LLC's Name must include any of the followings identifiers (or ending words): "Limited Liability Company", "LLC" or "L.L.C.". It is possible to prefix abbreviations by a comma (e.g. Delaware-Corporate, LLC) or not (e.g. Delaware-Corporate LLC). It is not possible to use the "Inc." abbreviation, which is reserved for Corporations only.
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13. Do I need a Corporate Kit?
It is important that your Company respects the various legal requirements, in particular, those concerning Director and Shareholder meetings. It is also necessary that your Company retains its corporate documents within a permanent register. Consequently, it is advantageous that all corporate documents, especially those coming from the State of Delaware (e.g. Certificate of Incorporation) that those which you prepare (e.g. by-laws, minutes, etc.), are retained in such a register. The Corporate Kit also includes the Seal of the Company.
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14. What protection is granted to the Company's Name?
In Delaware, only your Company will have the right to use its name. However, it is possible that this name is also that of a Company incorporated in another state or elsewhere in the world. In this case, it may be necessary to consider applying for a trademark. Your lawyer or intellectual property agent can inform you about this.
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15. Is it difficult to incorporate a Company in the United States?
Forming a company is a multi-step process, with a set of procedures that must be followed. Delaware-Corporate can take care of this for you, giving you peace of mind and guaranteed satisfaction.
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16. Can my Company have its headquarters outside of Delaware?
A company incorporated in Delaware can have its headquarters anywhere in the world.
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17. What is the minimal number of Company Directors?
Only one Director is required for a Delaware Company. Moreover the same person can have several titles (e.g. President, Vice-President, Secretary and Treasurer).
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18. How long does it take to incorporate my Company?
If you use Delaware-Corporate services, the normal turnaround time is 48 hours. Normally, you will have all the parts of your American Company completed within 5-7 business days. In case of emergency, it is possible to incorporate a Company in as little as 24 hours, for an additional fee.
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19. Must my Company have a bank account in Delaware?
No. Your Company may have its bank account outside of Delaware.
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FREQUENT ASKED QUESTION ABOUT US
a. How can I order a Delaware-Corporate service?
b. Is the Delaware-Corporate service ordering process secure?
c. What is the privacy policy regarding information I send to Delaware-Corporate?
d. Can Delaware-Corporate provide me with legal advice?
e. Can I order Delaware-Corporate Services without using the online order process?
f. How can I pay? Are checks accepted?
g. How are Delaware-Corporate products shipped (the corporate kit, for example)?
h. How do I get more information?
i. When should I expect a reply from Delaware-Corporate, to my e-mail?
j. What does Delaware-Corporate do with the comments and suggestions it receives?
k. Does Delaware-Corporate suggest other related links?
a. How can I order a Delaware-Corporate service?
At the top of each page of the Web site, you click on the "Incorporate" link!
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b. Is the Delaware-Corporate service ordering process secure?
Yes. All the transactions are processed in a secure environment.
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c. What is the privacy policy regarding information I send to Delaware-Corporate?
Your personal information remains totally confidential.
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d. Can Delaware-Corporate provide me with legal advice?
Delaware-Corporate is only a corporate service company.
Therefore it cannot provide any legal, accounting, financial or tax advice or service.
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e. Can I order Delaware-Corporate Services without using the online order process?
Yes. Delaware-Corporate offers at least three ways of ordering its services:
- By Internet
- By Fax
- By Mail
For Any other Information, use this link: Contact
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f. What payment method may I use to pay Delaware-Corporate services?
Delaware-Corporate offers several ways to pay:
- Bank Wire Transfer
- Western Union Transfer
- Bank Check: Check must be issued by any U.S. bank or other U.S. or non-U.S. financial institution.
- Business or Personal Check: Three-week delay for non-certified checks to clear the bank.
- Credit Card: Visa, MasterCard or Discover.
- Alertpay (up to $250)(If you don't have Alertpay account, Click Here)
Any payment must be made in US dollars;
Full payment is required before Delaware-Corporate services are provided.
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g. How are Delaware-Corporate products shipped (the Corporate Kit, for example)?
Unless otherwise stated, the Delaware-Corporate products are shipped via UPS or FedEx.
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h. How do I get more information?
Contact Delaware-Corporate right away!
Back to the top i. When should I expect a reply from Delaware-Corporate, to my e-mail?
You will receive a personalized answer very quickly, generally with 24 hours.
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j. What does Delaware-Corporate do with the comments and suggestions it receives?
Delaware-Corporate publishes testimonials on the Client Testimonials page. These testimonials are not solicited by Delaware-Corporate and have been received in writing.
As regards comments and suggestions, Delaware-Corporate examines them very seriously and usually implements the suggestions made.
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k. Does Delaware-Corporate suggest other relevant sites?
Yes. Delaware-Corporate suggests many useful Partner links on the Front page.
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