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Advantages
Because of low incorporation and administration fees, Delaware Corporations are often used for American trading situations
Quick incorporation procedures
Readily understandable corporate law
Disadvantages
Can be difficult to prove ownership but Directors can be named in Articles of Incorporation
Company Status
Standard US Corporation with Limited Liability
Corporate legislation source
General Corporation Law of Delaware
Company name
Prior name approval required
The name must contain a corporate ending word such as "Company", "Incorporated", "Corporation", "Limited", "Association", "Club", or an abbreviation of such words
The words "bank", "trust", "insurance", "university" and "college" require approval from appropriate regulatory agency. "Finance" and "fiduciary" are subject to additional approvals
Time taken to incorporate
24 hours
Are shelf companies available?
Yes ? but more expensive
Usual minimum capital
1500 authorised shares of no par value, however, no minimum amount of capital required
Capital Duty
See Annual Franchise Tax payable
Minimum number of shareholders
One
Are bearer shares / shares of no par value possible?
No / Yes
Directors: minimum number / corporate directors allowed / location
One / No / No restriction
Secretary: mandatory / corporate secretary allowed / location
Yes / No / No restriction
Is there a requirement for a Registered Office / Registered Agent?
Yes / Yes
Is any information required by the authorities prior to incorporation or prior to tax status being granted?
No
What information is available on the public file?
Name of the Company and any changes thereof, incorporation number, date of incorporation, registered office address, registered agent's detail Principal activities of the Company, Director's details, issued capital may be voluntarily disclosed
What documents must he kept at the Registered Office?
None
Corporate books & seal
Can be kept anywhere. No stipulation
Are accounts required / filed?
No / No
Is an annual return required?
No - only the Annual Franchise Tax Report
Where are meetings to be held?
Can be held anywhere. No stipulation
Annual fees payable to the government: Tax / Annual Return Filing Fee
Annual Franchise Tax due in March - a minimum (with filing fee) US$50.00 - increases depending on the number of shares authorised or the value of the Company's assets
Are there any exchange controls?
United States Law requires that anyone taking more than US$ 10,000 into or out of the US must report this fact to the US customs authorities
Double tax treaties
The USA has numerous treaties
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