Why Incorporate in Delaware?

No matter where you live, you can benefit from the unique protection of a Delaware LLC or corporation. | Under the Full Faith and Credit clause of the United States Constitution, you have the right to form a company in any state and use it in your home state. So why would you choose a company from a state other than your home state? The simple reason to choose a Delaware company is because it is better. The state where the company is formed governs the internal affairs of the company. Many states have laws and courts which are not as "business friendly" as Delaware. Choosing Delaware affords you the best protection for your business. Even the US Chamber of Commerce has published studies over the past seven years ranking Delaware's litigation system number one in almost every category, every year. Therefore to provide more business predictability and to better help protect your personal assets from business liabilities you should form a Delaware LLC. Furthermore the Delaware LLC's operating agreement, which is a partnership agreement among its members, is permitted to contain anything you want under the "Freedom of Contract" doctrine in Delaware. This means that you can count on your business agreement being enforced in court, as written, by a competent member of the Delaware Court of Chancery. Moreover business managers in Delaware are afforded the protection of the "Business Judgment Rule", which provides managers the freedom to take risks without the threat of liability to the shareholder. This is because even bad business decisions are protected in Delaware unless the manager is self dealing.

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[eterniguitar]

Your facts are wrong- where in the U.S. Constitution does it mention anything about Delaware and corporations?

[incnow360]

@eterniguitar....

Full Faith and Credit Clause, the familiar name used to refer to Article IV, Section 1 of the United States Constitution, addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings" of other states.

Furthermore entities are "persons" under the 14th amendment that are entitled to Equal Protection and Due Process. More information can be found at Wikipedia under "Legal Personality".

[NateWorksFromHome]

Doesn't your address have to be in Delaware, or how do you get around that?

[incnow360]

@NateWorksFromHome ...

You need to have a registered agent in Delaware, such as Agents and Corporations, Inc. That is your "physical presence" for purposes of being sued. No need to have a mailing address.

[xMaGiCxJTAGx]

thumbs up if you live in Delaware xD

[daysia20]

yay Delaware!!!!

[skylar1955]

when John D. Rockefeller wanted to take "for the public good" out of incorporating, he went to the slimeball crooks in Delaware to get the job done.

[DavidS1231]

I moved to Delaware five years ago and have been loving it since! And if I ever consider starting an LLC, I am definitely in the right place!

[gottabeyouuu]

oh my gosh. this is the first thing I have ever seen about the state in which I reside.

[earvase]

All and all you can get away with alot more in Delaware then any else state.

[defmos21]

There is nothing in the US Constitution concerning corporations in Delaware.

[spideraxis]

@laurengetncrunk Would you rather live in Detroit; Harlem; Gary, IN; Newark or Camden, NJ?

[artmutgirl1]

@laurengetncrunk Maybe that's why you hate it so much. If you've never lived anywhere else you've never had a chance to miss Delaware. I was born and raised most of my life in Delaware, But I also lived in Wisconsin for a couple years, Went to college in Pennsylvania and lived in China for a while. But at the end of the day I can't wait to go back. Delaware is really not all that bad :)

[spideraxis]

Delaware has the lowest taxes in the nation.

[1NyGiantsFan]

@FilmPriest Ur really funny.

[ericmotocross]

John is that you? Its bmx!