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Business Law

Start your Delaware company the right way

Delaware is the leading home for U.S. companies. We help entrepreneurs and overseas businesses choose the right structure, form the company and get it ready to operate, with a Delaware attorney who answers your questions.

Who it’s for

Who we help

Entrepreneurs starting a new business

Overseas companies opening a U.S. subsidiary or affiliate

Business owners who need a Delaware registered agent

Business law services

How we help

Choosing the right structure

Corporation or LLC? We explain the differences and which fits your goals.

Forming the company

We prepare and file the formation documents with the Delaware Division of Corporations.

Getting ready to operate

Federal tax ID (EIN), a Delaware business license if you will do business in Delaware, and any special licenses.

Registered agent

We can serve as your Delaware registered agent. We receive legal papers and official notices for your company, forward them to you, and remind you of your annual Delaware tax and report deadlines so your company stays in good standing.

Ongoing needs

Business transactions and commercial leases.

How it works

What to expect

Consultation

We discuss your plans and recommend a structure.

Formation

We prepare and file the documents.

Setup

EIN, licenses and registered agent arranged.

Good to know

Common questions

Short answers to questions clients often ask. Every case is different, so please contact us about your own situation.

Why form in Delaware if my business is elsewhere?

Delaware has a well-developed body of business law and the Court of Chancery, a specialized business court, which many investors and partners prefer. Whether it is right for you depends on where you operate, and we explain the trade-offs.

Corporation or LLC: which is right for me?

It depends on your plans for ownership, investors and taxes. We walk through the options at your consultation.

How long does it take to form a Delaware company?

The Delaware Division of Corporations usually processes standard filings within a few business days. For an additional state fee, it also offers expedited service, including same day, two hour and one hour options. We tell you the realistic timing for your situation.

Do I need a registered agent?

Yes. Every Delaware company must keep a registered agent with a physical address in Delaware to receive legal papers and official notices. We can serve as your registered agent.

What do I need to do each year after formation?

Delaware LLCs pay an annual tax due June 1. Delaware corporations file an annual report and pay franchise tax by March 1. Your company must also keep a registered agent in Delaware. If you do business in another state, that state may have its own requirements.

Can a non-U.S. resident own a Delaware company?

Yes. Owning a company is different from having permission to work in the U.S., which may require a visa. We can help with both.

Can you help me buy or sell a business?

The sale or purchase of a business can involve real estate, franchise rights, trademarks and other assets. We help with purchase and sale agreements, negotiations and each step through closing, in English or Chinese.

Should a lawyer review my commercial lease before I sign?

Commercial leases are long and often favor the landlord. Before you sign, we review the terms that most often cost tenants money:

  • How taxes, insurance and building maintenance are shared, especially in a triple net lease
  • Common area maintenance charges, and what the landlord can pass on to you
  • Exclusive use, so the landlord cannot rent nearby space to a competitor
  • Indemnification and insurance requirements
  • The basics: square footage, start and end dates, rent, parking and signage

Start your business

Tell us about your plans and we’ll explain your options.

Schedule a consultation

Or call (302) 478-2900 · email huang [at] xhlegal.com