The Internet Incorporator

Michael Neuvirth

One of the earliest choices a new company has to make is where it should incorporate itself. One of the most popular places for both U.S. and Non-U.S. entities is Delaware.

Today's Enable looks at Delaware Corporations, a web site that makes it very easy to incorporate your new entity in Delaware – regardless of where you are physically located. The main features of the site are highlighted below.

Please be advised that we are not providing any tax or legal advice and are not telling you to incorporate in Delaware. We strongly recommend that you speak with a professional before deciding where to incorporate. With that in mind – if you are told to do so in Delaware – then delawarecorp.com can help you do so quickly, easily and at a very reasonable price.

Why Delaware

The site has a detailed section on the advantages of incorporating in Delaware. Some of these are reproduced as follows:

• For over a century, Delaware has been the home for America's premier corporations. More than half of the Fortune 500 are incorporated in Delaware.
  
  
• Delaware's laws governing corporations are arguably the most advanced and flexible laws in the nation.
  
  
• Jurisdiction over most questions arising under Delaware's corporation laws is vested in the Delaware Court of Chancery. The Court of Chancery has over 200 years of legal precedent in corporation and business entity law.
  
  
• The Delaware State Legislature take seriously its role in keeping the corporation, limited liability company and limited partnership laws current.
  
  
• You can form a Delaware corporation, limited liability company, or business entity without coming to Delaware.
  
  
• The owners and operators of a Delaware corporation are not required to be identified in the public records of the State.
  
  
• Delaware has a minimal corporate franchise tax (as low as $50 per year) that is not based upon income.
  
  
• There is no Delaware income tax for Delaware corporations or limited liability companies that do not do business in Delaware.

Focused and Service Oriented

This site is the place to go if you want expert assistance in forming a Delaware corporation. The key to this site is that unlike most other corporate service companies, it only offers formation services only in Delaware.

The site is designed especially for online ordering. The site claims that in most cases it will have your organizational certificates filed with the Delaware Secretary of State by the next business day after your order is received. However, if you don?t like filling out forms, or if you have any questions, you can call them and they will take your information over the phone. You can also email them questions.

Step-By-Step Process

The online incorporation process is very simple. The site walks you through it and provides explanations and tips for every section. It should only take you a few minutes to complete the online form and if you have questions along the way, you can speak to a customer service agent in real time.

A nice feature is the "best buy" incorporation package. In one click you can choose a basic package that costs $250 plus an $83 state filing fee and includes:

• A check on the availability of your corporate name in Delaware only.
• Drafting and filing your Certificate of Incorporation the same day your order is processed.
• A certified copy of your Certificate of Incorporation Draft bylaws.
• A custom made seal with your corporate name and year of incorporation.

Organizational minutes adopting bylaws and electing initial Board of Directors.

Twenty (20) printed stock certificates.

Stock ledger and stock transfer record.

Corporate minute book and slip case with corporate name imprinted.

Blank IRS forms SS-4 and 2553.

Delaware Corporations is the place to go if you want to incorporate in Delaware. Satisfied users have told me that the process is painless and highly professional.

Published by Israel's Business Arena on March 13, 2001. s.