Trademark Registration

Formation of Delaware Company

Accolade Corporate Services Limited

Rm 701-2, 7/F, Fu Fai Commercial Centre, 27 Hillier Street, Sheung Wan, Hong Kong.

Tel .+852 3521 2888
Fax +852 3521 2800




HK LTD......... +852 6567 0408

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Formation of Delaware Company

Each of the 50 states of the United States is constitutionally an independent legal jurisdiction with the right to enact laws in many areas of activity. Each state has enacted its own LLC statute with most states doing so after 1988 when the U.S. Internal Revenue Service commenced issuing rulings that an LLC would qualify for partnership tax treatment. Among the states, the state of Delaware has emerged as the premiere LLC jurisdiction with approximately 25,000 LLCs being formed annually. The status of Delaware as the leading LLC domicile is linked in part to the important role played in the U.S. by the Delaware corporate legislation and its Chancery Court in the development of American corporate jurisprudence. The influence of the Delaware corporate regime is evidenced by the fact that more than half of the companies on the Fortune 500 list and of the companies listed on the New York Stock Exchange are domiciled in Delaware.

Advantages of Delaware Company

  • A well developed political, legal and economic society
  • Back-up provided by comprehensive and mature professionals, financial institutions and providers of legal services
  • Privacy – no disclosure of beneficial owners
  • No income tax is assessed on corporations’ offshore income
  • Non-resident shareholders pay no Delaware state tax on shares
  • Annual franchise tax is low
  • Wide variety of types of entities fit for different purposes, e.g., "C" Corporation, LLC, "S" Corporation, Close Corporation, etc.
  • Simple company structure, e.g., for a “C” Corporation, one person can act as the director, shareholder and officer
  • User-friendly - timely registration, expedited service, online filing and search, etc
  • Simple administration – corporate books and records are not required to be located in Delaware

Features of Delaware Company

  • No restrictions on foreign ownership or management of the LLC. Members may be individuals or business entities of any nationality or domicile. Single member LLC's are permitted. With the exception of a Registered Office and Registered Agent in Delaware, no physical presence is required.
  • The LLC management agreement is not a matter of public record and can be in any language.
  • No disclosure in the public record of the names of the members or managers of the LLC.
  • Non-residents of the U.S. who are members of an LLC and who are not otherwise subject to U.S. federal income taxation pay no tax in the U.S. if the LLC's income is from non-U.S. sources and the LLC carries on no business in the U.S.
  • The LLC's corporate records may be maintained outside of the U.S.
  • The ownership interests in an LLC of an individual non-resident of the U.S. are subject to the U.S. estate tax but can be avoided if the ownership interest is held through a foreign company.