1. DELAWARE: Corporate Gateway to the USA

2. DELAWARE Cynthia B. Kane Special Assistant to the Delaware Secretary of State

3. Why is Delaware the Corporate Gateway to the USA?
More than 780,000 business entities have their legal home in Delaware
61% of the Fortune 500
Half the companies traded on the New York Stock Exchange and NASDAQ
70% of new Initial Public Offerings on U.S. exchanges
140,000 new corporations, partnerships and limited liability companies formed annually

4. Delaware welcomes the world
The second-smallest state is the corporate home to the world’s leading companies.

5. The Delaware Story
Delaware is strategically located at the midpoint between Washington, D.C., and New York City.

6. Major Industries in Delaware
Financial Services
Autos
Bio & Life Sciences
Tourism
Manufacturing
Chemicals
Agriculture
Corporate & Legal Services
Delaware has one of the strongest, most diverse economies in the USA

7. Delaware Corporate and Legal Services
Business Entity Formation and Related Services
Corporate and alternative entity formations, compliance and governance, and domain and trademark management.
Dispute Resolution and Litigation
Corporate Law, Fiduciary Law, Bankruptcy Law, Intellectual Property Law, Technology and Insurance Disputes
Corporate and Personal Planning
Holding Company, Asset Protection, Estate and Trust Services

8. Why are over half of the Fortune 500, NYSE and NASDAQ incorporated in Delaware?
Why does it make sense for businesses entering U.S. markets to incorporate in Delaware?

9. What is the magic about Delaware?
A unique combination of elements enables Delaware to provide unparalleled service to its corporate clients:
Delaware’s General Corporation Law
Delaware’s Courts
Delaware’s Legal Community
Delaware’s Division of Corporations

10. Why it makes sense for you to incorporate in Delaware
Delaware offers a unique
combination of advantages:
Delaware General Corporation Law -- this law is annually updated and designed to permit corporations and their shareholders the maximum flexibility in ordering their affairs

11. Why it makes sense for you to incorporate in Delaware
Delaware offers a unique
combination of advantages:
Delaware’s Courts
Delaware’s Court of Chancery and Supreme Court are pre-eminent in the field of corporate law and have written much of the modern case law.
Delaware’s Federal Bankruptcy Court is the finest, most efficient in the nation and handles many of the largest corporate reorganizations and dissolutions in the nation.
The U.S. District Court of Delaware is nationally recognized as a premier trial court for the resolution of major patent disputes.

12. Why it makes sense for you to incorporate in Delaware
Delaware offers a unique
combination of advantages:
Delaware’s Legal Community -- specialized corporate lawyers are experts in Delaware corporation law and active in both its formulation and application

13. Why it makes sense for you to incorporate in Delaware
Delaware offers a unique
combination of advantages:
Division of Corporations — a model of state-of-the-art efficiency, its staff handles complex documents efficiently—you can incorporate in one hour

14. Where is Delaware in the Legal Universe ?
“Best legal system in the United States”
Thomas Donohue, President, U.S. Chamber of Commerce
U.S. Chamber of Commerce Survey of State Litigation Systems
Delaware ranked #1:
Judge’s competence and impartiality
Timeliness of decisions
Handling of scientific and technical evidence
Treatment of punitive damages

15. Types of Delaware Business Entities
Corporations
Alternative Business Entities
General Partnership (GP and LLP)
Limited Partnership (LP and LLLP)
Limited Liability Company
Statutory Trust

16. Delaware versus Offshore Jurisdictions and Other States
Easy access to U.S. market and capital
No personal property tax
No intangible property tax
No minimum capital requirement
The franchise tax compares favorably with that of other states

17. Delaware Division of Corporations – “a government agency that runs like a business”
Open 7:30 am – midnight
Exceptional Services
Choice of 1 Hour, 2 Hour, Same Day, 24 Hour or Regular Service
Global 24/7 Service
Web Based Services
Online Corporation Laws
Pay annual taxes
Download forms
Reserve corporate names
Research status of Delaware business entities

18. Efficient, Dependable, & Secure
State-of-the-art imaging
Efficient workflow application
Overnight offsite backup
Disaster recovery facility

19. Role of a Delaware Registered Agent
All U.S. states require business entities to have a registered office within the state open during normal business hours to accept service of process.
Business entities retain a “Delaware registered agent” to manage administrative compliance with Delaware laws. Key functions include:
Service of process
Compliance (taxes, annual reports, etc.)
Filing documents (amendments, dissolutions, etc.)
Delaware is the only State that allows Direct Online Access
Agents scan images and submit corporate data through high speed data lines.
Documents appear in priority order for approval by state officials providing unmatched speed and efficiency.

20. Delaware – “At Your Service”
Contact a Delaware Registered Agent
Contact the State of Delaware
Call at
Visit website at
Link to registered agent websites
Print forms
Get a list of fees and services
Access to Court opinions
Visit State web portal at
Get business and visitor information
Thank you for allowing us to be here today

21. Summary - The Delaware Advantage
Flexible and modern statutes
Respected Courts
Exceptional Service
Business-friendly government
Unsurpassed corporate law expertise
Result is predictability, efficiency and fairness

22. DELAWARE: Corporate Gateway to the USA