Delaware is known as one of the most business-friendly states in the United States, making it an attractive destination for entrepreneurs, including non-US citizens. If you're a non-US citizen looking to start a limited liability company (LLC) in Delaware, this guide will walk you through the process.
Step 1: Choose a Business Name
The first step in incorporating an LLC in Delaware is choosing a business name. Delaware requires that your business name must be unique and distinguishable from other businesses registered in the state. You can check the availability of your desired name by conducting a business name search on the Delaware Division of Corporations website.
Step 2: Appoint a Registered Agent
A registered agent is a person or company that accepts legal documents on behalf of your LLC. In Delaware, the registered agent must have a physical address in the state and be available during normal business hours. Non-US citizens can appoint a registered agent who is a resident of Delaware.
Step 3: File the Certificate of Formation
The next step is to file the Certificate of Formation with the Delaware Division of Corporations. This document outlines the basic information about your LLC, such as its name, purpose, and management structure. You can file the Certificate of Formation online or by mail.
Step 4: Create an Operating Agreement
An operating agreement is a document that outlines the rules and regulations for running your LLC. This document is not required by Delaware law, but it is highly recommended. Your operating agreement should cover important details such as the distribution of profits and losses, voting rights, and decision-making processes.
Step 5: Obtain an EIN
An Employer Identification Number (EIN) is a tax identification number that allows your LLC to pay taxes, open bank accounts, and hire employees. Non-US citizens can apply for an EIN online or by mail.
Step 6: Comply with Tax Obligations
Your LLC must comply with state and federal tax obligations, including paying annual franchise taxes to the Delaware Division of Corporations.
In conclusion, incorporating an LLC in Delaware with a non-US citizen is a straightforward process that requires careful planning and attention to detail. By following these steps, you can set up a solid foundation for your business and take advantage of the many benefits Delaware has to offer.
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