Delaware LLC Formation
Delaware isn't an offshore jurisdiction: it's a US state and the legal home of a large share of America's biggest companies, thanks to modern corporate law and a specialized business court.
Why foreign entrepreneurs choose Delaware
A Delaware company is a US company in every sense. Founders from Latin America and beyond choose it to sell into the United States, sign contracts with American clients and suppliers, raise money from US investors, or get their business ready to grow in that market. Investors know Delaware corporate law better than any other, and its specialized business court adds real predictability.
You can form an LLC, which is flexible and simple to run, or a corporation, the form venture capital funds usually expect. Like any American business, it will have federal and state obligations, so we coordinate with US accountants and explain from the start what owning a company in the United States involves.
Typically a good fit for
- 01Startups looking to raise money from US investors.
- 02Latin American businesses that want to sell in the United States.
- 03Holding companies for US investments.
- 04Partners from different countries who want a widely recognized corporate framework.
How we set up your company
In Delaware the first decision is LLC or corporation; then we draft the operating agreement or bylaws around your growth and investment plans.
- 01
Initial consultation
We talk through your business, your partners and what you want the new company to achieve.
- 02
Review and due diligence
We review the documents of the shareholders and beneficial owners and confirm the project is a good fit for the jurisdiction.
- 03
Incorporation
We prepare the formation documents and coordinate the filing with the local registered agent.
- 04
Handover and launch
You receive your corporate documents, and we guide you through the first steps to put it into operation.
What's included
We coordinate with a Delaware registered agent and, where needed, with US accountants for your tax ID number and filings.
Formation
Name clearance, preparation of the Certificate of Formation and filing with the state.
LLC documents
Operating Agreement, initial resolutions and identification of the members and, where applicable, the managers.
Registered agent
Registered agent and registered office through our correspondents in the state.
Annual maintenance
Renewals, periodic state reports and LLC updates handled on your behalf.
Ongoing counsel
Support with the LLC's decisions: admitting or withdrawing members, changing managers and amending the Operating Agreement.
Compliance and transparency
Every company we form goes through know-your-customer (KYC) due diligence: we identify the members, managers and beneficial owners, and review the source of funds and the purpose of the structure. We only work on legitimate business and investment projects, and we follow US state and federal rules, including beneficial ownership reporting obligations where they apply.
Delaware companies are subject to US federal and state law, including any applicable beneficial ownership and information reporting obligations.
Frequently asked questions
Is a Delaware LLC an offshore company?
+
No. It's a US company governed by federal and state law. For a foreign founder it's a gateway to the American market, not an offshore vehicle.
LLC or corporation?
+
An LLC is more flexible and easier to run; a corporation is the usual choice if you plan to raise venture capital or issue different classes of shares. We help you decide based on your plans.
Do I have to live in the US to own a Delaware company?
+
No. People of any nationality can be owners and managers. You will need a Delaware registered agent, which we arrange for you.
Will I have to file US tax returns?
+
Generally yes, depending on the company's activity and form. We coordinate with US accountants so you're compliant from day one.
Delaware or Florida?
+
Delaware stands out for its corporate law and is favored by investors; Florida is often more practical when the business will have a physical operation, office or staff in that state.
Further reading
Let's talk about your structure
Tell us what you want to achieve and we will recommend the right jurisdiction and type of company. Book a consultation or reach us through the form below.
Contact Us
Tell us about your case. Our team will get back to you shortly.