Choosing Your Delaware Incorporator
Once you decide that Delaware is the best state for incorporating your business, you will note there are a large variety of incorporators where you can choose from. Incorporators usually are lawyer offices, financial experts or companies dealing mostly with company formation in Delaware. By far the most convenient way to research the market is the Internet. Many incorporators have websites where they advertise their services.
We understand that each business man has different needs than others, so we made a list of services which should be covered by your incorporator for general purpose incorporation. If you know your business is special in some respects, the easiest and safe way to get informed is to contact a legal advisor.
Your incorporator must provide you full incorporation papers. These are:
- Certificate of formation (stating the name of the company and the registered agent address in Delaware)
- Minutes of the Initial Meeting (stating the nominated Operating Manager(s))
- Action of the Member(s) and Manager(s) (stating the nominated persons for each office and the shares distribution)
- The Membership Interest certificates
- The Operating Agreement
If they don't state them in their service descriptions, you should ask them before proceeding engaging them for your business incorporation.
It is a common practice among incorporators to provide you with the registered agent services and mail forwarding (please note this is a recurring expense). Some ignore the last one, since the initial official papers are shipped by the incorporator with no extra cost. It highly depends on you business model whether you need or not mail forwarding.
Optionally, your incorporator may provide the following:
- Bank account opening
- Accounting services
- Financial consultancy
- Legal consultancy
These services are always at extra costs and, again, is depending on your business model if you need them or not. Probably the bank account is more needed then the other three, especially of US aliens.
Since 2005, US aliens can open a bank account remotely, after a period when the amendments of the Patriot act made this impossible. Many people thought since the business is an US entity they don't fall under those terms; however that was in the past, incorporators being now again able to serve any US alien with the bank account opening service.
Continue to the last article in the guide, running your Delaware company.
