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FAQ: Frequently Asked Questions For Delaware
Name Endings
1. Can I use club as my corporation name?
Delaware as an expanded list of corporate name endings. "Association," "Company," Corporation,"
"Club," "Foundation," "Fund," "Incorporated," "Institute," "Society," "Union," "Syndicate," "Limited," or
the abbreviation "Co.," "Corp.," "Inc.," "Ltd.,".
2. Can I use Trust as my corporation name?
Use of word "Trust" is prohibited except for corporations under supervision of the Bank
Commissioner.
3. Can I use LTD for my Limited Liability Company name?
No. The name of an LLC must end with Limited Liability Company or LLC.
Article Requirements
1. How many Directors and Officers do I need for my Corporation?
The minimum number is one. Directors are not required to be listed on the articles.
2. Can I have as many shares of stocks as I want?
Delaware does regulate the number of shares and par value for a corporation. You must stay at
3,000 shares or less (minimum tax) $35.00 for Delaware franchise fee
3. Are Members and Managers listed on LLC articles?
No, Members and Managers are not required to be listed on the Articles of Organization
4. What is the difference between a Manager and a Member for an LLC?
You can only list one or the other on your articles of organization. Managers are employees of the
company and members are owners. A Manager may be an owner.
5. Who is the Incorporator or Organizer?
IncSmart.biz and the filers are the Incorporators and Organizers for your new entity. It is the person
that completes and signs the articles and submits them to the Secretary of State. The Incorporator's
and Organizer's duties and title end after filing.
Taxes and Fees
1. Does Delaware have annual fees and reports?
All Delaware corporations are required to file an Annual Report and to pay a DE tax. Religious and
charitable non-stock corporations are exempt from the tax but must file an annual report. Taxes and
annual reports are to be received no later than March 1st of each year. The minimum fee is $120.00
with a maximum tax of $165,000.00. Taxpayers owing more that $5,000.00 pay taxes in quarterly
installments with 40% due June 1, 20% due by September 1, 20% due by December 1, and the
remainder due March 1. All Delaware LLCs are required to file an Annual Franchise Tax report and
to pay a franchise tax. The Franchise fee is due before June 1st and is $200.
2. Does a Delaware Corporation also have a report?
Annual reports for corporations are not sent to the registered agents. A minimum of $120.00 filing fee
is required for the annual report. Must be paid online before March 1st. Religious and charitable non-
stock corporations are exempt from the tax but must file an annual report.
3. Does a Delaware LLC also have a report?
There are no annual reports for a LLC.
4. If I do not conduct any business in Delaware, do I pay state taxes?
For companies doing business outside of Delaware, there is no corporation income tax.
Compliance Requirements
1. Will Delaware require me to have a local bank account?
Delaware does not require a local bank account to run your business from the state.
2. Does Delaware have Series LLC requirements?
A limited liability company agreement may establish or provide for the establishment of 1 or more
designated series of members, managers, limited liability company interests or assets. Any such
series may have separate rights, powers or duties with respect to specified property or obligations of
the limited liability company or profits and losses associated with specified property or obligations,
and any such series may have a separate business purpose or investment objective.
3. What are the Delaware annual maintenance fees?
Filing Process
1. What is the process to file a new company in Nevada?
The Delaware Secretary of State averages around two (2) weeks to file new articles. They also have
an expedite service that can reduce your time to less than 48 hours.
Delaware Order Forms
1. Delaware Corporations
2. Delaware Limited Liability Companies
3. Delaware Doing Business As (DBA)
5. Delaware UCC Statement
6. Delaware Foreign Qualification
7. Delaware Mail Forwarding Service
8. Delaware Bookkeeping Service
9. Delaware Amendment
1. Can I use club as my corporation name?
Delaware as an expanded list of corporate name endings. "Association," "Company," Corporation,"
"Club," "Foundation," "Fund," "Incorporated," "Institute," "Society," "Union," "Syndicate," "Limited," or
the abbreviation "Co.," "Corp.," "Inc.," "Ltd.,".
2. Can I use Trust as my corporation name?
Use of word "Trust" is prohibited except for corporations under supervision of the Bank
Commissioner.
3. Can I use LTD for my Limited Liability Company name?
No. The name of an LLC must end with Limited Liability Company or LLC.
Article Requirements
1. How many Directors and Officers do I need for my Corporation?
The minimum number is one. Directors are not required to be listed on the articles.
2. Can I have as many shares of stocks as I want?
Delaware does regulate the number of shares and par value for a corporation. You must stay at
3,000 shares or less (minimum tax) $35.00 for Delaware franchise fee
3. Are Members and Managers listed on LLC articles?
No, Members and Managers are not required to be listed on the Articles of Organization
4. What is the difference between a Manager and a Member for an LLC?
You can only list one or the other on your articles of organization. Managers are employees of the
company and members are owners. A Manager may be an owner.
5. Who is the Incorporator or Organizer?
IncSmart.biz and the filers are the Incorporators and Organizers for your new entity. It is the person
that completes and signs the articles and submits them to the Secretary of State. The Incorporator's
and Organizer's duties and title end after filing.
Taxes and Fees
1. Does Delaware have annual fees and reports?
All Delaware corporations are required to file an Annual Report and to pay a DE tax. Religious and
charitable non-stock corporations are exempt from the tax but must file an annual report. Taxes and
annual reports are to be received no later than March 1st of each year. The minimum fee is $120.00
with a maximum tax of $165,000.00. Taxpayers owing more that $5,000.00 pay taxes in quarterly
installments with 40% due June 1, 20% due by September 1, 20% due by December 1, and the
remainder due March 1. All Delaware LLCs are required to file an Annual Franchise Tax report and
to pay a franchise tax. The Franchise fee is due before June 1st and is $200.
2. Does a Delaware Corporation also have a report?
Annual reports for corporations are not sent to the registered agents. A minimum of $120.00 filing fee
is required for the annual report. Must be paid online before March 1st. Religious and charitable non-
stock corporations are exempt from the tax but must file an annual report.
3. Does a Delaware LLC also have a report?
There are no annual reports for a LLC.
4. If I do not conduct any business in Delaware, do I pay state taxes?
For companies doing business outside of Delaware, there is no corporation income tax.
Compliance Requirements
1. Will Delaware require me to have a local bank account?
Delaware does not require a local bank account to run your business from the state.
2. Does Delaware have Series LLC requirements?
A limited liability company agreement may establish or provide for the establishment of 1 or more
designated series of members, managers, limited liability company interests or assets. Any such
series may have separate rights, powers or duties with respect to specified property or obligations of
the limited liability company or profits and losses associated with specified property or obligations,
and any such series may have a separate business purpose or investment objective.
3. What are the Delaware annual maintenance fees?
- Pay Annual Corporation Report and Tax of $120
- Pay Annual LLC Franchise Fee $220
- Pay Annual Registered Agent Fees
- Pay Federal Taxes & State Taxes in Delaware
Filing Process
1. What is the process to file a new company in Nevada?
- Choose a Name for your LLC or Corporation
- File your Articles with the Delaware Secretary of State
- Order your Tax ID Number
- Order your State Business License
- Receive copy of documents by email and originals by US Post
- Open a business checking account
The Delaware Secretary of State averages around two (2) weeks to file new articles. They also have
an expedite service that can reduce your time to less than 48 hours.
Delaware Order Forms
1. Delaware Corporations
2. Delaware Limited Liability Companies
3. Delaware Doing Business As (DBA)
5. Delaware UCC Statement
6. Delaware Foreign Qualification
7. Delaware Mail Forwarding Service
8. Delaware Bookkeeping Service
9. Delaware Amendment
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