We Know You Have Questions

Here are the Answers

When do you need an attorney?
  • You will need an attorney to buy/sell your business.
  • When you are wanting to execute a merger.
  • Drawing and executing business contracts.
  • When your company receives a service of process or legal filing.
When do you need an accountant?
  • When you need to file Federal taxes for your business.
  • When you are questioning the number of shares and par value your corporation should issue.
  • When considering registering in multiple states.
  • When considering the type of corporation you should register. ie. s-corp or c-corp.
  • When dealing with IRS issues other than the initial registration of the EIN.
Why do so many Fortune 500 incorporate in Delaware?

The laws of the state of Delaware are favorable to helping companies protect and grow their capital. These pro-business laws include The Financial Center Development Act, The Delaware General Corporation Law and the Delaware Limited Liability Act.

The Financial Center Development Act (Passed in 1981)

The Financial Center Development Act offers tax breaks and eliminates consumer rate restrictions. Since it’s passing, more than 16 major financial institutions companies, such as J.P. Morgan Chase, First Union Corporation, MBNA America, and Citibank, have purchased or opened branches in Wilmington. With 18 Delaware banks holding assets in excess of $1 billion and one with assets over $10 billion, Delaware has become a national and international financial hub.

The Delaware General Corporation Law & The Delaware Limited Liability Company Act

These legislations allow companies and their management a wide spectrum of freedoms in structuring and managing their operations. Delaware Corporations can shelter their directors from personal liability under A Delaware director shield law. The regulations and statutes of Delaware are so well-formulated, other states across the US have looked to them as a model for incorporation law and corporate tax structure.

What is the role of a Registered Agent? Do I really need one?

The State of Delaware and many other states require you to use the services of a Registered Agent. This person will be able to service your company throughout the process of incorporation and beyond. Your Registered Agent will also ensure your company remains active and in good standing, along with altering you when corporate taxes are due.

How will service of process be handled?

Service of Process is the delivery of legal notice of a court’s action. Once your Registered Agent receives the documents, we will email and mail them, registered mail, directly to you. The cost for shipping will be included in the price of your annual Registered Agent fee.

What are the documents needed to start a business?

The Documents needed to open a business are as follows:

Business Registration Document- This document is the legal document that is filed with the State granting your permission to operate your business. It is called a Certificate of Formation or Articles of Organization depending on the State you are registering in. 

EIN- 
Every company needs to have an Employer Identification Number (EIN) issued by the IRS. This is a unique number that is given to your company for tax purposes. The EIN is also needed to open a bank account. 

Company Resolution- 
The company resolution is a document that states who is able to open a bank account, sign a contract, and legally act on behalf of the company. Not all states require you to register your Certificate of Formation or your Articles of Organization with the owners names and addresses on it. If the information is not on the filed document then a company resolution is used. 

ByLaws/ Operating Agreement- 
The Bylaws are used for Incorporations and the Operating Agreement is used for LLCs. Both documents states in details the job of the officers in the company as well as the shares they hold in the company. These documents will also be used for banking purposes. These documents should be reviewed and updated as soon as a member, director, or shareholder is changed. 

Business License- The need for a business license depends on the State and the nature of the business. Please contact the office to find out if you are required to maintain a business license. 

What is needed for Mail Forwarding?

For Mail Forwarding service, IncorpNation will follow all rules and regulations mandated by the United States Postal Service. In order to accept mail on behalf of your company a USPS 1583 form must be completed, notarized, and submitted with two forms of Identification. You will not receive your mailing address until this requirement is met.

What are acceptable identification for the USPS 1583 form?

Valid driver’s license ◦ Passport ◦ Voter registration card ◦ Vehicle registration card ◦ Current lease ◦ Current mortgage ◦ Current deed of trust ◦ Home insurance policy ◦ Vehicle insurance policy ◦ Valid state non-driver’s identification card ◦ Alien registration card ◦ Certificate of naturalization ◦ Armed forces ID ◦ Government issued ID ◦ University ID card

What is an Apostille?

The Apostille is a way of authenticating documents for use outside the country they were created. It applies only to certified and legalized documents for countries that participating in the Hague Convention. Here is a list of those countries:

Albania
Argentina
Armenia
Australia
Austria
Bahamas
Belarus
Belgium
Belize
Bosnia and Herzigovina
Brazil
Bulgaria
Burkina Faso
Canada
Chile
China, People's Republic of
Colombia
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Guatemala
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Latvia
Lithuania
Luxembourg
Malta
Mauritius
Mexico
Moldova, republic of
Monaco
Montenegro
Morocco
Netherlands
New Zealand
Nicaragua
Norway
Panama
Paraguay
Peru
Poland
Portugal
Romania
Saint Kitts and Nevis
San Marino
Serbia
Seychelles
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Thailand
The former Yugoslav Republic of Macedonia
Trinidad and Tobago
Turkey
Turkmenistan
Ukraine
United Kingdom of Great Britain and Northern Ireland
United States of America (documents issued by the USA will can not have an Apostille for the USA)
Uruguay
Uzbekistan
Venezuela
Zimbabwe

Customer service & support: 302-605-2976