Company Registration in Delaware
Delaware is one of the most popular states in the US for incorporation – and for good reason: it is the legal home of a significant share of the world's corporations. Its popularity is determined by a rare combination of flexible corporate law, simple registration and transparent rules for doing business, which in many other jurisdictions simply do not occur together.
Why Delaware?
- Fully remote registration – you do not have to appear in person in the United States; the whole process can be carried out without travelling.
- No minimum share capital requirement – the barrier to entry is low compared with many European jurisdictions.
- Choice of tax status – the members can decide whether the company will be tax-transparent (tax paid at the level of the members) or taxed as a separate entity. This choice has a direct effect on how income is settled.
- No tax on income earned outside the USA – a company that does not operate in the United States generally pays no US federal income tax on such income, provided it has no US-source income or US trade or business.
- Flexible management structure – Delaware law gives members broad freedom to shape corporate governance, which is one of the reasons international corporations choose this state.
How much does it cost and how long does it take?
Delaware companies are subject to an annual franchise tax regardless of the revenue earned – it is a fee for keeping the company in good standing. Registration is among the fastest in the world, provided that formal errors that prolong the process are avoided.
What is worth remembering?
Documents of a Delaware company, in order to be used in Poland (for example when concluding contracts with Polish counterparties), should bear an Apostille clause and, where necessary, be translated into Polish by a sworn translator. The company must also have a registered office in the state, which is usually arranged through a virtual office service.
How do we help?
We guide you through the whole registration process – from choosing a name and preparing the founding documents, through filing the Certificate of Formation, to obtaining the Apostille and the sworn translation of documents for the needs of Polish legal transactions. We also advise on choosing the company's tax status and assess whether Delaware really suits your business model or whether another jurisdiction is worth considering.
Result: a company registered quickly and efficiently, with documentation ready for use in Polish legal transactions and a tax structure matched to your situation.
