JURISDICTIONS
Delaware
General Information
| Location | Situated at northeast coast of the United States, at the south of New York within approximately 1 hour flying distance |
| Main Cities | Dover is the capital; Wilmington is the biggest city |
| Population | About 875,000 |
| Language |
English – US |
| Legal System | English Common Law |
| Political System | Delaware was the first state to ratify the US constitution on 7th December 1787. |
| Currency | US Dollar |
| Economy | As a modern and well-developed western economy, the Delaware Division of Corporations provides prompt, friendly and professional services. A global outreach and expansion is one of their overall strategies |
| Time Zone | GMT -4 |
| Major Banks | Wide range of international and local banks is situated at Delaware. |
| Principal Corporate Legislation |
Corporation: General Corporation Law |
| Number of entities incorporated in 2008 | About 122,700 (Corporation and LLC) |
| Total number of entities on register | Approximately 842,800(Corporation and LLC) |
Introduction
Over the last seven years, Delaware has been very successful in promoting its corporation services by introducing some user-friendly facilities, like expedited service, online filings and searches. Incorporation revenue accounted for 22% of the State’s general funds in fiscal year 2007.
The popularity of Delaware can be evidenced by the fact that Delaware is the corporate home to 63% of the Fortune 500 companies and half of all US firms traded on the New York Stock Exchange and NASDAQ.
Delaware officials stay on the top of trends in the international business world and are better able to understand and respond to rapidly changing corporate needs. They also intend to continuously expand Delaware’s global market share by official visitations to other countries, e.g., China, India, UK, etc. and also participating in many international conferences in respect of economic affairs, corporate governance, etc.
Chief Justice Myron Steele stated, “We (Delaware) are at heart a customer-service organisation”. Delaware aims at being a customer-service organisation and ever-focused on serving customers.
Current Features & Benefits
- A well-developed political, legal and economic society
- Back up provided by comprehensive and mature professionals, financial institutes and legal services providers
- 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 – like “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
| General Information | Delaware-Corporation | Delaware-LLC |
|
Stability of Jurisdiction |
Good |
Good |
|
Legal System |
Common Law |
Common Law |
|
Type of Company |
Corporation |
LLC |
| Company Information | ||
| Bearer Share | No | N/A |
|
Standard Authorised Capital / Shares |
1,500 No Par Value |
N/A |
|
Chinese Name Permitted |
No |
No |
| Official Bilingual M&A | No | No |
| Local Requirements | ||
|
Minimum Number of Shareholders |
1 |
N/A |
|
Minimum Number of Directors |
1 (b) |
N/A |
|
Company Secretary |
Yes (b) |
N/A |
| President & Treasurer | Yes (b) | Optional |
| Beneficial Owners | No | No |
| Public Filings | ||
|
Shareholders |
Yes |
N/A |
|
Directors |
Yes |
N/A |
|
Company Secretary |
Yes |
N/A |
| Other | ||
|
Registered Agent / Resident Agent |
Yes |
Yes |
|
Registered Office |
Yes |
Yes |
|
Annual Return / Accounts Filing |
Yes / No |
Yes / No |
|
Corporate Tax |
No (a) |
No (a) |
|
Change of Domicile Permitted |
Yes |
Yes |
| Shelf Companies Available | No | No |
|
Notes: |
|
| (a) |
Only on onshore profits, NO tax on offshore profits |
| (b) |
Must be natural persons; corporate entity not permissible |