FAQs

FAQs

Below you will find the answers to some of the most frequently asked questions.

If your question is not listed here, please do not hesitate to contact us, call 800-426-2327 or email dcs@lawdeb.com.

Q.
Open/Close Why should I incorporate in Delaware?
A.

Many companies decide to incorporate in Delaware as they are well known for low franchise tax for small businesses and no Delaware sales tax. Unlike other States, Delaware has its own business court (Court of Chancery) that minimizes time, cost and risk of commercial litigation.

The Court of Chancery has over 200 years of legal precedent in corporation and business entity law. The Delaware State Legislature takes seriously its role in keeping the corporationlimited liability company and limited partnership laws current.

Call us today on 800-426-2327and we can discuss the benefits of incorporating in Delaware.

Q.
Open/Close Do I need an Attorney?
A.

No. We can prepare and file necessary paperwork to incorporate your business.

If you are unsure of the structure of your business, we do encourage you to speak with your tax advisor or attorney for legal advice.

If you should have general questions regarding the incorporation process, please do not hesitate to contact us at dcs@lawdeb.com, or by calling 800-426-2327.

Q.
Open/Close How do I form a Corporation or LLC?
A.

Forming a Corporation or LLC is easy with Delaware Corporate Services.

Simply call us on 800-426-2327 or email dcs@lawdeb.com and the team will gladly assist.

Q.
Open/Close What is a Registered Agent?
A.

A registered agent accepts service of process if the corporation or limited liability company is sued. A registered agent is also called a Statutory Agent or Agent for Service of Process depending on the state of formation.

Annual Franchise Tax Notices, LLC Tax notices and Void notices are sent to the registered agent in most states. These notices are then forwarded to the entity for payment.

DCS can act as a registered agent on your behalf, contact us today to find out more, email dcs@lawdeb.com, or call 800-426-2327.

Q.
Open/Close Why do I need a Registered Agent?
A.

A registered agent is required by law in most states and must be available to accept service of process. DCS can take away the embarrassment of receiving service of process during your business work hours, by becoming your registered agent. It is best to have a registered agent receive this on your behalf.

A physical address in the state of incorporation or qualification is required in every state. Post office boxes are not acceptable. It is required that the registered agent be available to accept service of process and important legal documents. This will also avoid having your company’s information listed on secretary of state websites. The registered agent’s name will appear on your formation documents and secretary of state websites.

To discuss further, call us today on 800-426-2327 or email dcs@lawdeb.com.

Q.
Open/Close What is Service of Process?
A.

Service of Process (SOP) is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court.

The SOP is served upon the registered agent/address of the company on record. It is very important that the SOP is received and responded to in a timely manner. The summons will normally provide a time frame to respond to the notice. If the defendant does not respond by the required date, the plaintiff may seek a default judgment from the court.

Delaware Corporate Services ("DCS") can act as an agent for service of process for you and being part of Law Debenture, we can also accept appointments in any of our offices globally to overcome time-zone issues.

If you have any questions regarding SOP, call us on 800-426-2327 or email dcs@lawdeb.com