Delaware’s business entity laws provide international businesses with several advantages.
The ease of creation, flexibility in management and ownership structures, limitation of liability, and efficient and fair procedures for dispute resolution are just a few of the benefits enjoyed by business entities organized in Delaware, including those headquartered outside of the United States.
Delaware provides substantial flexibility for parties in international commerce to form corporations, as well as other business entities — limited liability companies and limited partnerships — that may be appropriate for specialized situations. Delaware statutes for alternative entities are based on the principle of “freedom of contract,” which gives parties the freedom to form contracts based on the needs of the parties, without government restrictions. Delaware alternative entities allow their owners to determine which fiduciary duties apply, and to establish the parties’ rights and obligations.
You do not need to be an American citizen, nor live or visit the U.S. in order to incorporate or form a business entity in Delaware. The only requirement is that you maintain a registered agent in Delaware who can receive important legal documents on your behalf.
Managers and investors of Delaware business entities can make decisions and take action from anywhere in the world. Voting and other actions can be done by written consent, without the need for a formal meeting. In fact, written consent can be done electronically.
Consistent with Delaware’s policy of respecting contracts, the Delaware courts will generally enforce choice of forum and choice of law agreements for jurisdictions outside of Delaware, including those outside the United States.
Delaware’s Division of Corporations offers companies, attorneys, and registered agents a complete suite of services and has specialists to answer questions and assist with corporate, UCC and tax filings.
The Delaware Corporate Law Website offers a comprehensive collection of articles that lays out the advantages of Delaware Corporate Law in 10 languages. Topics include the benefits for international business, a primer on Delaware’s General Corporation Law, the fiduciary duties of Delaware directors, and a look at alternative entities.
See a full list of Certified Registered Agents here. A Delaware address is required as part of the formation documents; however, a registered agent can provide this service.
A Delaware forum selection clause can help Delaware businesses manage litigation risk. Delaware recognizes the value of honoring the choice of forum selected by sophisticated contracting parties. Read more about this option available to Delaware entities.