Reasons for setting up an LLC in Delaware - PowerPoint PPT Presentation

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Reasons for setting up an LLC in Delaware

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Many businesses in the region choose to form their own business or register existing ones in the region due to the lucrative benefits offered by the legal and regulatory framework.  – PowerPoint PPT presentation

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Title: Reasons for setting up an LLC in Delaware


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Reasons for setting up an LLC in Delaware
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  • Many businesses in the region choose to form
    their own business or register existing ones in
    the region due to the lucrative benefits offered
    by the legal and regulatory framework. 
  • The State has predictable and business-friendly
    laws that make it easy for setting up an LLC in
    Delaware. The State further allows you to
    incorporate your business without actually
    visiting the area. Only limited information is
    needed to start a business and the entire process
    can be handled by a third-party service provider
    as well. 
  • Steps for starting an LLC in Delaware
  • The registration process of Delaware LLCs
    requires - 
  • Certificate of formation
  • Documentation of operating agreement 

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  • Before deciding about starting an LLC in
    Delaware, it is important to file a certificate
    of formation. You must check prospective business
    names with the Secretary of State to ensure there
    are no conflicts. 
  • Simultaneously, the legal environment
    necessitates using LLC, Limited Liability
    Company, or L.L.C as a part of the business name.
    The same can be changed in later stages through
    an Amendment to the actual Certificate of
    Formation.
  • The registered agent requirements
  • You can form an LLC in the region without
    actually maintaining an office or a bank account.
    However, the LLC act necessitates the business
    incorporated in the region to have a registered
    Delaware agency along with an in-state address.
    Third-party service providers can act as your
    registered agents for an annual fee.    
  • Post formation, the registered agent handles the
    State of Delaware notices on your behalf. These
    accept and forward the legal notices to your
    business. 

4
  • The name of the LLC
  • Address and details of the registered agent
  • Signatures of an authorized service provider 
  • For series LLC, the liabilities of each member
    must be clearly defined in the certificate of
    formation. Optional provisions can also be
    included. For instance - on special request, the
    names of the members and managers can be made
    part of the original certificate of formation.
  • Delaware LLC operating agreement 
  • It is important to draft a clear Operating
    Agreement. This sets forth the ownership and
    management structures along with clearly defined
    procedures. 
  • Delaware mandates the same as the Operating
    Agreement will govern the working of the LLC. The
    agreement must be written and signed. 
  • Even in the case of a single-member LLC, the
    Operating Agreement is critical as it helps to
    clearly define the decision-making process,
    especially when dealing with other businesses.
    This enhances the protection and credibility of
    the business in handling financial transactions.
  • The Agreement also includes provisions like
    liability, ownership, business dissolution, and
    transfer of interest. 

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  • Signing the LLC operating agreement 
  • Once the agreement has been drafted and approved,
    the members may execute it. The same will not
    draft and finalize the operating agreement till
    all members agree to the same. 
  • Also, formal requirements like voting rights,
    annual meetings, etc. are not required by LLCs
    which helps to streamline the business.
  • Such an agreement can even be enforceable
    unsigned yet in the case of multiple-member LLCs,
    it becomes tough to prove that all members agreed
    to the same. Hence a signed document is
    recommended. 
  • Also, in case of changes in the agreement or
    ownership structure, the amendments or a new
    agreement should be signed. 
  • Thus opting for creating a Delaware LLC means
    two-way protection for yourself and your
    business. It helps to safeguard your assets, and
    build a shield between your business liabilities
    and assets. It also prevents creditors from
    taking charge of your business due to mistakes of
    your business partners. Creditors of members only
    enjoy an economic interest instead of a
    controlling right or liquidating the business. 

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Website https//e-delaware.com/ Main Telephone
info_at_e-delaware.com Main Telephone 1 800 418 07
18 Address 112 Capitol Trail
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