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offshore solutions since 1988

DELAWARE - U.S.A.

U.S.AFor over a century, Delaware has been the home for America’s premier corporations for some very good reasons. 
More than half of the Fortune 500 are incorporated in Delaware. 

Delaware's advantages as a place of incorporation range from the Delaware General Corporation Law to the flexibility built into the corporate formation process.

Jurisdiction over most questions arising under Delaware’s corporation, limited liability company, and limited partnership laws is vested in the Delaware Court of Chancery, a business court. The Court of Chancery has over 200 years of legal precedent in corporation and business entity law. The court does not use juries and the judges are appointed on merit, not elected. Because there are no juries, decisions from the Chancery Court are issued in written opinions. Delaware has a large body of written legal precedent to rely upon. 

Delaware’s General Corporation Laws are arguably the most advanced and flexible laws in the nation making it the friendliest state in America for corporations.

All of this means you have a stable legal platform upon which to operate. In other words, you know the rules going in. Chancery Court practitioners recognize that “outside the takeover process... most Delaware corporations do not find themselves in litigation. The process of decision in the litigated cases has so refined the law that business planners may usually order their affairs to avoid law suits.”

The Delaware State Legislature take seriously its role in keeping the corporation, limited liability company and limited partnership laws current. 

Delaware receives a large percentage of its revenue from corporate registration fees and therefore it is in the State’s best interest to attract as many corporations as possible.

Asset Protection:
One of the best reasons for incorporating, or forming a limited liability company, is to separate your personal assets from your company’s assets. If you conduct business without using a corporation, or limited liability company, you place your assets at risk. Separating your personal property from your business property, and using a legal form such as a corporation, can help protect your personal property. Incorporation or formation of a limited liability company also allows you to take advantage of the statutory and judicial laws of Delaware, to help you plan how your business runs.

An example; Delaware Law allows for a version of the Limited Liability Company often called a Serial LLC. An LLC is normally very simple to create. The major difference between an LLC and a sole proprietorship or a partnership is the limitation of liability an LLC brings to you. But say that you wanted to conduct more than one type of business, and you didn't want to create a separate corporation or limited liability company for each. The “Serial” LLC allows different lines of business to be treated separately from each other from a liability standpoint. So, for example, an LLC that owns several merchant vessels may insulate the LLC from liability for each individual vessel, if the operating agreement allows for it, and the operating agreement is followed.

The Delaware Division of Corporations generates a considerable amount of revenue for the State, so they have invested in state-of-the-art imaging equipment, and process new filings very quickly. Our partners have direct connections to the Division of Corporation's electronic database, and can file your corporation formation documents electronically.

 

CorporatION

Incorporation can give your business credibility, prestige and substance.

A corporation has certain tax advantages; the owners and directors can be protected from personal liability; and the business can raise capital through the sale of shares of stock.

Only One officer or Director is needed in Delaware, but many jurisdictions have stricter guidelines, forcing you to name other directors and officers to get established.

Also, please take in consideration these advantages for Delaware corporations:

  • Delaware is considered the most attractive state in U.S.A. for incorporation.

  • Only one incorporator is required. A corporation may be the incorporator.

  • There is no minimum capital requirement.

  • The franchise tax compares favorably with that of other states.

  • For companies doing business outside of Delaware, there is no corporation income tax.

  • Delaware has no sales tax, personal property tax or intangible property tax on corporations.

  • No taxation upon shares of stock held by non-residents and no inheritance tax upon 
    non-resident holders.

  • A corporation may keep all of its books and records outside of Delaware.

  • You may have a principal place of business/address outside of the State of Delaware as well.

 

Types of corporations we can form for you  - Listed below are the major types of corporation services we offer.

  • Limited Liability Companies (LLC)

  • "C" Corporations

  • "S" Corporations

We urge you to consider whether incorporation is right for operating your business. If you are uncertain, you should check with your accountant or tax advisor to determine if a corporation or a limited liability company best suits your individual needs.

Limited Liability Company advantages

A Delaware Limited Liability Company (LLC) is a hybrid business entity, designed to combine the advantages of a corporation with the tax advantages of a partnership. Like a corporation, the owners of an LLC are not personally liable for the LLC's debts and obligations. Like a partnership, an LLC can be treated as a pass-through entity for tax purposes. This may be advantageous for those who cannot meet the IRS requirements for an "S" corporation and desire the tax pass-through treatment.

In summary, a Limited Liability Company provides:

  1. pass-through tax treatment of a partnership

  2. liability protection afforded by a corporation (and not available with a partnership)

  3. freedom from the restrictive and burdensome qualification and operating requirements that come with an "S" corporation.

What is the greatest advantage LLC delivers to US non-residents?

Provided the company conducts no direct or indirect business in the USA and neither the managers, nominees and/or beneficial owners are US citizens or green card holders Delaware LLC can be free of all US taxes.

YACHT OWNERS

When the yacht is subsequently put up for sale, the owner has the flexibility of selling the yacht as an asset of the corporation or selling the entire corporation of which the yacht is an asset. The latter circumstance is accomplished by simply transferring the shares of stock in the corporation over to the new owners. This arrangement can be very attractive to the prospective purchaser because title to the yacht has not changed hands - it is still registered to the corporation. Therefore, no sales tax may be assessable on the transfer, and, no re-registration costs are incurred.

Registered Agent

A registered agent acts on the corporation's behalf in the state of incorporation with the primary duties of providing a registered office address, receiving service of legal papers, and being a local contact point for the Secretary of State or other government agencies.

A professional agent can also assist you with keeping your corporation in good standing, obtaining copies, obtaining a certificate of good standing/existence, and other questions relating to maintaining your corporation.

It is extremely important for you to keep your registered agent informed of your current address and telephone number so that you can be reached in the event that the agent receives official mail or service on your behalf.

Fees Schedule Incorporation/Formation - Our incorporation/formation package includes:

  • minimum State Fees

  • filing and recording the Certificate of Incorporation/Formation with Apostille

  • preparation of Unanimous Consent electing the initial director/manager

  • fees to prepare and file the documents

  • legal address

  • Registered Agent service for the first year 

all inclusive .......................................................................................................................... 850 $

 

 

Option:

 
Same Day Service (incorporation within 24hrs)........................................................................ 150 $

Deluxe Company/Corporate Kit:

The minute book features sample forms, 15 membership/stock certificates and a 
metal 
seal press all packaged in a handsome gold-stamped slipcase ......................................
175 $
Overseas courier shipping documents only ............................................................................    60 $
Overseas courier shipping documents with Corporate kit ......................................................... 125 $

Annual Maintenance Fee:

Each year we fulfill your statutory obligations, pay taxes, provide legal address and 
Resident Agent for all inclusive fee of  .....................................................................................
500 $


Your Virtual Office in Delaware:

Some of our customers find it is necessary to establish an actual presence and operating office
in Delaware. We are able to offer you Virtual Office, Mail Forwarding and Fax forwarding service.

Most clients who use this service receive only a small amount of mail and fewer than 3 telephone
calls per month. Our fees are based upon this type of arrangement. We would be happy to create
a program of services which will meet your individual needs.

 
Delaware Virtual Office Package - annual fee ................................................................... 629 $

Package includes:

  • Your exclusive telephone number answered by our secretary in your company's name. 
    Caller inquiries answered, messages taken and dispatched via fax or airmail (other 
    operators charge 700$ per month for this service only)

  • FAX forwarding (receive and re-send) service, 24-hour receiving capability

  • Delaware business street address (NOT a P.O. Box) - mail forwarding service

  • Additional charges

  • Charges for postage - double the needed amount

  • Long distance telephone calls - double the needed amount. 

  • FAX receive or send is $5 first page $2 each additional page are billed monthly.

  • If mail forwarding exceeds 25 pieces per month, additional charges will be made.

  • Escrow deposit of $100 minimum should be maintained with our office which we will 
    draw from as postage is needed.

  • We will notify you as your postage account is used and when you will need to make
    additional deposits. 

Mail Forwarding Service

 

We will forward to you only 1st Class mail addressed to your corporation.
Our annually service fee ....................................................................................................... 300 $

 

An annual deposit for postage $100 for internationally mailing is mandatory. 

Our service does not include forwarding packages of any sort, nor magazines,
catalogs or bulk rate advertising materials. We process and forward mail every Friday.

FAX Forwarding Service - Shared Fax - Our fax is 24 hrs/7 days ready. Use our Delaware 
fax number as your own fax number. We will re-fax your messages to you. Incoming and 
outgoing faxes retransmitted will be billed at 5$ for 1st page and 2 $ each additional.

 

 
Annual fee ........................................................................................................................... 250 $

Your Own Phone/Fax Number in USA  – Obtain your own fax number. The messages will be 
send to your fax or email anywhere in the World at rate of 5$ for 1st page and 2 $ each additional.

 
Annual fee ........................................................................................................................... 300 $

 

 


fax: +1 917 4648381, +44 870 1387648, +385 51 214355

email: info@offshoregate.com