Company registration in Delaware

Registration fee is from 1500 €

Registration period — 5 working days

Minimum authorized capital - 1 USD

Remote opening — yes

Financial statements — yes

Delaware is one of the most popular states in the United States for business registration. More than 60% of Fortune 500 companies are registered here. This popularity is due to favorable corporate legislation, minimal bureaucratic procedures, and loyal taxation.

What companies can be registered in Delaware?

Different organizational and legal forms are available in the state, including:

  • LLC (Limited Liability Company) is the most convenient form for small and medium-sized businesses, as well as for foreign investors. It does not require authorized capital, provides a flexible management structure and tax advantages.
  • C-Corporation is a classic corporation, suitable for large-scale businesses and companies planning to attract investments or go public.
  • S-Corporation is an option for US residents with restrictions on the number and status of shareholders.
  • Partnership (LP, LLP) is a partnership with different levels of responsibility of the participants.

Taxation in Delaware

For companies operating outside the United States, no income tax is applicable.

An annual franchise fee is required:

  • for LLC - $300;
  • for C-Corporation - from $400 (depending on the number of shares).

Income tax within the United States is paid at federal rates (21% for corporations).

There is no capital gains tax and no dividend tax for non-residents if profits are earned outside the United States.

Why Delaware?

  • Possibility of 100% foreign ownership of the company.
  • Flexible corporate laws adapted to international business.
  • Company registration in Delaware - usually takes from 2 to 5 business days.
  • High level of confidentiality: information about the owners is not published.

If you are planning to register a company in Delaware, Maira Consult lawyers will provide full support - from choosing the optimal form of company to opening a corporate account in an American bank or payment system.

We will help minimize the tax burden and make your business in the United States as convenient and safe as possible.

Delaware advantages

1

Delaware LLC or C-Corporation is registered in 1-3 business days

2

100% foreign ownership is possible, minimum requirements for directors and shareholders

3

Names of owners and directors are not published in public registers.

General Information

Registration Features

Mandatory Registered Agent in Delaware. Every company must have an official registered agent in the state who receives legal correspondence and notices from government agencies. This is a key requirement for the legal operation of the business.

Company Name

Every company registered in Delaware must have a unique name that is verified through the Delaware Division of Corporations. Additionally, the name must contain the designation of the legal form: LLC, Inc., Corporation, Limited.

Authorized Capital

In Delaware, there are no mandatory requirements for the amount of authorized capital for an LLC (limited liability company). For a C-Corporation, the amount of authorized capital is set by agreement between the shareholders. This allows investors to flexibly determine the ownership and financing structure of the business.

Director

A director or manager of a company can be either a US resident or a foreigner. There are no restrictions on citizenship or residence. The number of directors is not regulated - it can be either one person or a board of directors. This makes company registration in Delaware convenient for international investors.

Shareholders

The owner of a company can be either an individual or a legal entity. Delaware law allows 100% foreign ownership of a company, which opens up opportunities for international entrepreneurs to do business in the United States without the need to involve local partners.

Financial Reporting

Companies in Delaware are required to file a short report with the Delaware Division of Corporations every year and pay a franchise fee. For LLCs, it usually amounts to $300, for corporations - from $400 and above, depending on the number of shares. Detailed federal accounting is required only if the company generates profits in the United States.

Taxation

The state is known for its loyal taxation regime. If a company does not operate in the United States and does not receive income in the country, US income tax does not apply. The only mandatory payment is the franchise fee. This model makes Delaware one of the most attractive jurisdictions for international business.

Confidentiality

Delaware law provides a high level of confidentiality for company owners and directors. Information about shareholders and beneficiaries is not published in the public domain, which allows for business anonymity.

Stages of company registration

01

Choosing the name and form of the company

To register a Delaware LLC or C-Corporation, you need to check the uniqueness of the name through the Delaware Division of Corporations. The process takes a few minutes and the name must meet the standards of the jurisdiction.

02

Preparation and collection of documents

To register a company in Delaware, each member of the company provides KYC documents: passport, proof of address, resume and, if necessary, letters of recommendation from the bank.

03

Identification of company participants

At this stage, the identity of the director and shareholders is verified through the KYC system to meet the requirements of compliance and US banks.

04

Formation of the share capital (if necessary)

For Delaware LLC, the authorized capital is not required. For a C-Corporation, the capital is formed by agreement of the shareholders and can be contributed during or after registration.

05

Company registration

Submission of documents to the Delaware Division of Corporations. The standard registration period is 1-3 business days.

06

Receiving of corporate documents

After the company is registered in Delaware, the client receives a Certificate of Formation, Operating Agreement (LLC) or Articles of Incorporation (C-Corporation) and other corporate documents.

07

Legalization of documents (if necessary)

If the documents are required for use abroad, we help you to obtain an apostille.

08

Delivery of corporate documents

After the company is registered in Delaware, the original corporate documents are sent by courier service to any country in the world.

Answers to the Most Common Questions:

Yes. It is a legal requirement to have a registered agent. The agent provides the official address of the company in the state and receives all legally significant documents.
Delaware company registration usually takes 2 to 5 business days.
Yes. Company registration in Delaware is completely remote. All documents are processed online, and the corporate package is sent by courier service.
Yes, but US banks require the physical presence of the director or owner. Alternatively, you can use international payment systems. Maira Consult lawyers will help you choose the best option.
After registering a company in Delaware, obtaining an EIN (Employer Identification Number) takes from 2 weeks to 2 months, depending on the IRS workload.

Our Contacts

Phone

+380 97 527-66-30

Client Relations Department

+380 73 427-66-30

Email

[email protected]

Address

Kyiv, 01054, Ukraine,

40B Ivan Franko St., office 207

Messengers

Social Networks

International Law Company Maira Consult