Delaware Offshore Company Formation (LLC, INC, CORP)

Delaware is the 49th state of the United States of America located on the Eastern Seaboard of America and bordered by the Atlantic Ocean and Delaware Bay, as well as by the states of New Jersey, Pennsylvania and Maryland.

American corporate structures take the form of the Limited Liability Company (LLC) of which there are two types the, domestic and non-resident. In addition there are stock corporations known as ‘C’ and ‘S’ corporations, Limited Partnerships; Holding Companies established for the sole purpose to manage and maintain its intangible assets and the business Trust.

The Delaware offshore entity usually takes the form of the non-resident LLC.

Company Formation expertise	Excellent
Charges	Good
Secrecy	Satisfactory
Banking services	Good
Legal system	Excellent
Political stability	Good
Prestige	Excellent

The non resident limited liability company (LLC) is the usual form taken by the offshore business. The LLC is a separate entity from its owners who are classified as ‘members’ and the liability of the individual member is limited to their investment.

The Delaware company formation requirements for a LLC are very flexible.

• The minimum number of members and managers each is one.
• One individual can hold all the corporate offices of President, Treasurer and Secretary.
• There no are minimum capital requirements.
• Bearer shares are not permitted.
• A registered office and agent in Delaware must be maintained.
• There is no requirement to file financial statements unless the LLC owns assets in Delaware or has conducted business with local residents.
• There is no requirement to disclose beneficial ownership.
  

The Delaware business Trust is an unincorporated association that must be evidenced in writing. It is a tax efficient vehicle. The Trust is managed by one or more named Trustees who are not personally liable for any obligations of the business Trust. At least one Trustee must be either a Delaware resident or have a principal place of business in Delaware. The beneficial owners are protected from liability and have an undivided beneficial interest in the business Trust's property, and have no interest in specific business Trust property.

Taxation

US State income tax is levied in addition to federal income tax. In the state of Delaware corporate tax is levied on the income of all domestic businesses. All non-resident limited liability companies, corporations and limited Partnerships that do not conduct business in Delaware and do not receive income from a Delaware source, are exempted from corporate taxes, sales taxes and property taxes. The only tax paid to the state of Delaware is an annual franchise tax.

There is also exemption from inheritance tax on stocks or shares held by non residents.

Banking

There is good banking confidentiality, Delaware companies and Trusts can be formed discreetly and there is no requirement to file any record of ownership or directorship with the Government. Non-resident ownership of a US bank account incurs no taxation.

Employment law

Delaware is a well-educated state. The Department of Labour and the Delaware Workforce Investment Board strive to work together to help Delaware companies build a strong and successful workforce. There is a minimum wage for many sectors.

Geography, People and Culture

Delaware has a total area of 1,982 square miles. The climate is moderate year round. Average monthly temperatures range from 75.8 to 32.0 degrees. Average temperature in the summer months is 74.3 degrees. About 57% of the days are sunny. The population is 783,600 (estimated in 2000). The state capital is Dover.

Immigration and Residency

The usual entry requirements into the US apply. Foreign citizens will require a visa to enter the United States to visit, study or conduct business. Immigrant visas are required for foreign citizens who wish to live permanently in the United States.

Legal and Political System

Delaware became a state in 1776, just two months after the signing of the Declaration of Independence. The capital was moved from New Castle to Dover in 1777. Delaware's first constitution was adopted in 1792. The current constitution was adopted in 1897. It has been modernized with many new amendments since that time.

Today, Delaware has a cabinet form of government. The General Assembly, Delaware's lawmaking body, is comprised of a State House of Representatives, whose 41 members are elected for two-year terms, and a State Senate, whose 21 members are elected for four-year terms. Half of the Senate seats are contested in each general election.

The State Supreme Court consists of a Chief Justice and four associate Justices. All members are appointed by the Governor, with confirmation by the Senate, for a term of 12 years. Ruth Ann Minner is currently Delaware's first woman Governor.

Economy

Delaware’s GNP per capita basis is one of the world's 10 most wealthy nations. Unemployment is below 5%. In addition to its corporate base the economy’s agricultural and fishing industries produce broilers, soybeans, corn, milk, crabs and clams.

There is also the manufacturing of chemicals, food products, paper products, rubber and plastics products, primary metals, printed material and mining of sand and gravel and magnesium compounds.