CHOOSING YOUR DELAWARE BUSINESS ENTITY
Almost 60% of the Fortune 500 companies are incorporated in Delaware, and for good reasons. Delaware’s business laws, courts, and governmental services make Delaware an ideal place to organize.
Advanced, flexible business laws
Courts highly sophisticated in business and commercial law
Cooperative, friendly governmental agencies
Delaware’s business entity laws are among the most advanced and flexible statutes in America. They are designed to provide maximum flexibility in the structuring of business entities and the allocation of rights and duties among owners and managers.
The Delaware courts, and in particular the Delaware Chancery Court, are renown for their expertise in corporate and other business law. That expertise, gained over two centuries of deciding important corporate and business matters, has resulted in a wealth of decisions that make Delaware law highly predictable, thereby facilitating planning and reducing the need for litigation. The Delaware courts frequently handle significant cases on an expedited basis when time is critical to the litigants. Delaware’s recently enacted Summary Proceedings Act offers a unique procedure to resolve major commercial disputes on an expedited schedule with special rules to minimize the burden and expense of litigation.
Finally, the Delaware Secretary of State’s Office, through its Division of Corporations administers filings for Corporations limited partnerships, registered limited liability partnerships, limited liability companies and business trusts. It also assesses and collects annual fees and taxes and registers all foreign business entities doing business in Delaware. Equipped with the most modern technology, the Division of Corporations can accept for filing original, facsimile or electronically transmitted documents. Storage of documents on optical disks permits both the Division of Corporations and authorized on-line users to retrieve documents and information easily and quickly. One hour, two hour, same-day and 24-hour service is available from the Division of Corporations.
With modern, flexible business entity statutes, highly respected courts, well-developed case law, and a cooperative and efficient Division of Corporations, Delaware offers an unparalleled environment in which to organize business entities.