TERMS OF USE: The information contained on this site is based on our own research. The information is believed to be accurate but not infallible. It is presented with the understanding that we are not engaged in rendering legal, accounting or other professional services. We recommend you seek the services of a competent professional. We assume no liability or responsibility for errors or omissions. We are not liable for any loss or damage caused or alleged to have been cause directly or indirectly by this product or our websites. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND. Effort is made to keep the content up-to-date, however laws and requirements can change. Please check all information with the State of Delaware's site: www.state.de.us/corp/


Will you be filing a tax return for your US company?

September 10th, 2008

If you’re filing a tax return for your US company please take note of the message below from TheBallardFirm.com (CPA)….

“On Federal forms, if your company is set up and incorporated in the State of Delaware, you are to designate your company as a DOMESTIC entity. Do not indicate that your company is a FOREIGN entity on any Federal forms.? Failure to do so will complicate and delay the successful filing of your federal tax return.”

Please feel free to email them if you have any questions: kyer@theballardfirm.com

Modified yearly tax rates for LLCs & Corporations

August 5th, 2008

The State of Delaware modified the tax rates as part of the new state budget effective July 1, 2008

LLCs
The LLC Franchise Tax will increase from $200.00 to $250.00

ALL CORPORATIONS

Corporations with shares from 1 - 3,000.00 WAS $35.00 PLUS $25.00 = $60.00

- EFFECTIVE JULY 1: 1 -5,000 shares will be $75.00 PLUS $25.00 processing fee = $100.00
Over 5,000 - 10,000 shares = $150.00 PLUS $75.00 EACH; Add $1,000 plus $25.00 processing fee.

Sample Corporate Resolutions

November 13th, 2007

A corporate resolution is a legal document defining which individuals are authorized to act on behalf of a corporation. The form and structure of this document varies depending on the state in which the corporation is organized.

* (Source wikipedia.org)

> View sample Corporate Resoulutions

Time to pay your registered agent fee?

October 30th, 2007

If you’ve received notice that it’s time to pay your registered agent’s fee (an annual fee), then please use the link below to make payment. Your registered agent is Aradel Inc. He provided his first calender year of service for free. After that period it is then $65 per year. Most registered agents charge $99 or more per year.

Click the link below to make payment.

> Pay your $65 annual fee

If you’re not sure why you’re being asked to pay this fee please read the questions and answers below:

Why am I being asked to pay this fee?

The State Registration Office requires that companies have a registered agent in Delaware. Your registered agent is Aradel Inc.

What is the roll of my registered agent?

Your registered agent sends you notices from the State Registration Office. This includes sending your annual franchise tax notice. In the case of Aradel Inc. they can also help you file tax returns. You can contact them directly by going to: www.aradelinc.com

What happens if I don’t pay this fee?

If you decide not to pay the fee Aradel Inc. can send a notice to the State Registration Office removing themselves as your agent. Your company can then be made void by the State.

If you have any questions please email your registered agent by going to:

> Contact Aradel Inc.

Cancelling your LLC

February 15th, 2007

If for some reason you need to cancel your LLC, it’s a good idea to fill out the formal paper work to cancel the company. If the LLC isn’t formally dissolved then it continues to incur annual franchise fees and penalties, including interest.

For information on canceling an LLC please see the State Registration office’s site for details:

> FORM TO CANCEL AN LLC

Dissolution (terminating) your Corporation

February 15th, 2007

If for some reason you need to shut down your corporation, it’s a good idea to fill out the formal paper work dissolving the company. If the corporation isn’t formally dissolved then it continues to incur annual franchise fees and penalties, including interest.

For information on dissolving a corporation please see the State Registration office’s site for details:

> FORM TO DISSOLVE CORPORATION BEFORE SHARES ARE ISSUED

> FORM TO DISSOLVE CORPORATION AFTER BUSINESS HAS BEEN OPERATIONAL

Is your LLC or Corporation on the list below?

January 31st, 2007

If your company appears in the list below you need to send your contact details to your registered agent (Aradel Inc.) as soon as possible. The registered agent is unable to contact you and can’t send your State notice to pay your annual Franchise tax. The tax for corporations is due before March 1st each year and LLCs are due before June 1st each year. After that date you will incurr a $100 fine and ongoing interest. Your company can then be made void and the registered agent can remove himself as your agent. Please click on the link below so that the registered agent has your details.

Is your company on this list:

  • 4UBAGS, INC
  • Ledzone LLC
  • McGinley Consulting Group, LLC
  • Medi-View LLC
  • My Business Pages, LLC
  • Play Your Heart Productions, LLC
  • WB Investment, LLC
  • Star Aero Services, LLC
  • Grolis LLC
  • Multiverse Infinite Group, LLC
  • WEBSMITH CORPORATION
  • YOUR BUSINESS COACH COMPANY
  • PORTABLEDEALS INC
  • Eurosheds Incorporated
  • Gnarly, Inc.
  • Nac International Group, Inc
  • T-Tronik Institute
  • Zuho, Inc.
  • Grosvenor Films Inc
  • Health and Wealth Systems, Inc.

If you are the owner of one of the above companies please click the link below and enter your details:

http://www.myuscompany.com/registration.htm

You will also need to email Gerry Ballard (his details are in our members only area) and request your Franchise Tax notice as soon as possible. Failure to do this can mean the State Office will void your company.

Issuing corporate shares

January 22nd, 2007

Stock certificates can be purchased, or you can type up your own. Although most companies have fancy stock certificates, it’s not required. In fact, a stock certificate can even be hand written.

Stock certificates need to include the following:

The front of the certificate must show:

  • The corporate name
  • State in which is was incorporated (Delaware)
  • Name of the share holder
  • Number of shares
  • Class of share
  • The series of stock

The certificate must also be signed by one or more of the officers as agreed to in the bylaws, or by the board of directors.

Below is a sample certificate you can download:

> SAMPLE STOCK CERTIFICATE

Warning: if you plan to sell shares to the public you need to talk to a lawyer

Sample shareholder agreement

January 19th, 2007

A shareholder agreement is used to determine what happens in the event of the death, retirement, etc. of a shareholder. It also explains voting rights, employment, etc.

> DOWNLOAD SAMPLE AGREEMENT

Keeping corporate records

January 19th, 2007

You will need to keep a record of the following:

  • A list of the names and addresses of all shareholders
  • A copy of your Articles of Incorporation
  • Income tax returns (if applicable)
  • Your bylaws
  • Your meeting minutes
  • Copies of financial statements showing initial capital contributions paid by shareholders