Delaware Business Formation Questions & Answers

Q: How can I optimize a sale of business assets when the business is no longer in good standing?

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Answered on Aug 14, 2017
Jonathan R. Roth's answer
More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...

Q: Is a Delaware LLC that just converted to a Delaware C corporation obliged to send out the 228(e) notice?

1 Answer | Asked in Business Formation for Delaware on
Answered on Nov 2, 2016
Michael David Siegel's answer
This is entirely a question of DE law. Call a DE lawyer.

Q: Registering business in Delaware or Nevada or any other state which is better than the above two mentioned.

1 Answer | Asked in Business Formation for Delaware on
Answered on Aug 29, 2015
Adam Studnicki's answer
It depends what your goals are. The franchise taxes in DE can be expensive. WY may be an option to consider as well. A business lawyer can advise based on your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...

Q: Incorporating and operating in the US

1 Answer | Asked in Business Formation for Delaware on
Answered on Aug 11, 2015
Adam Studnicki's answer
In some situations, this may be possible. Best to consult with a lawyer about your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...

Q: How should I go about opening a bank account for my Delaware LLC?

1 Answer | Asked in Business Formation for Delaware on
Answered on Apr 17, 2014
Charles Snyderman's answer
You should be able to open a bank account in the U.S. without actually coming to the U.S. You say you do not have an ITIN. Why not? It is not difficult to obtain. You will need that so the bank can identify you. The IRS website has instructions for obtaining an ITIN.

Q: How would a uk company incorporate in the united states

1 Answer | Asked in Business Formation for Delaware on
Answered on Mar 14, 2014
Charles Snyderman's answer
Choose a State to incorporate in, and then find an attorney with expertise in that area.

Q: I want to start a business with different services ie cleaning, landscaping,painting and powerwashing. what formation?

1 Answer | Asked in Business Formation for Delaware on
Answered on Jan 10, 2013
Charles Snyderman's answer
Yes, you can form an LLC. You should have an operating agreement prepared by an attorney. This agreement will protect both of you down the road in the event of disagreements, and if one of you chooses to leave and you do not agree on the value of his ownership interest, the agreement will state how that value should be calculated. The agreement also provides for what happens if one of you should die. For example, would you want to have your partner's spouse as your new Partner?

Many new...

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