This document is the "Terms of Service" document, which should be conspicuously placed on the opening page of your site, or accessed with a conspicuous link from your opening page. It contains copyright and trademark information, disclaimers, and a place for the user to accept or decline the agreement.
Delaware Terms of Service
Category:
State:
Multi-State
Control #:
US-DB0813AM
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Word;
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How to fill out Terms Of Service?
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FAQ
Businesses can operate as foreign LLCs in both states, but to do so, they must meet the specific foreign qualification filing requirements designated by the state that is not their ?home? state. So you can file for an LLC in Delaware if you live in California and vice versa or if you live anywhere else.
Delaware corporate name The name must be distinguishable from those of other corporations organized, reserved or registered as a foreign corporation under the laws of Delaware. Use of words "Bank," "Banc," "Banque" and "Trust" need approval from the Department of Banking.
(a) Service of legal process upon any corporation of this State shall be made by delivering a copy personally to any officer or director of the corporation in this State, or the registered agent of the corporation in this State, or by leaving it at the dwelling house or usual place of abode in this State of any officer ...
Assuming your corporation was incorporated in the State of Delaware, the only officer positions that are required to be filled are the offices of the President and Secretary. All other positions that you will likely create (Chief Executive Officer, Chief Yahoo!, etc.)
File Certificate of Incorporation in Delaware In order to form a Delaware Corporation, particularly one that issues stock, you must complete and file a Certificate of Incorporation (PDF)(88.5 KB)Opens in a new window with the Delaware Division of Corporations.
Service of process shall be made by the sheriff to whom the writ is directed, by a deputy sheriff, or by some person specially appointed by the Court for that purpose, except that a subpoena may be served as provided in Rule 45. Process, complaint and affidavit of demand to be served together.
In fact, the great majority of Delaware LLCs operate outside of the state of Delaware. The advantages to forming a Delaware LLC go on and on, and both the legal and corporate worlds agree that Delaware is the state in which you want to form your LLC, regardless of where you intend to do business.
I'm not a Delaware resident and don't have a physical address in Delaware. Can I still form an LLC in Delaware? Yes, a non-resident with no physical address in Delaware can form a Delaware LLC. The State of Delaware only requires the company to have a Registered Agent in Delaware.
Names of Delaware corporations must (1) be available, (2) contain a corporate suffix, (3) not contain restricted words, and (4) not violate other naming rules in Delaware. Picking a name that follows these rules reduces the chance of delay with your incorporation.
Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
