Create an Offshore Company in Delaware

Updated on Saturday 10th December 2022

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Investors from abroad interested in a favorable business hub in America may focus their attention on Delaware, the state considered an offshore center with a great taxation system. Even though there are no specific rules when opening an offshore company in Delaware, one should consider and respect the Common Law. One can open an offshore company in Delaware can set up a limited liability company, an advantageous business form for both residents and non-residents in the USA. With a wide experience in Delaware offshore company formation for entrepreneurs worldwide, our agents specialized in company formation in America can offer complete support and guidance in documents matters.

Main conditions for setting up an offshore in Delaware

An individual who wants to start a business in USA may open an offshore company that comes with varied tax benefits. For instance, there are no VAT, personal income taxes, or other levies for non-residents working in such a company. For Delaware offshore company formation​, please consider the following requirements:
  •     it can be set up by at least one shareholder;
  •     the accepted name of the business must end with the termination LLC or Limited Liability Company;
  •     you must prepare the Articles of Association;
  •     you must appoint a registered agent for your LLC in Delaware;
  •     the LLC must have a bank account.

Offshores in Delaware are not subject to public disclosure, as these can be set up in complete privacy for the owner. Furthermore, LLCs in Delaware won’t need annual reports compared to other forms of businesses in America. Opening a company in USA, whether a corporation or an LLC, requires attention and a better understanding of the legislation of each state, in our case, of Delaware, which is permissible for foreign entrepreneurs.

The USA company formation can be explained and supervised by our team of specialists in company incorporation in America. Here is an infographic with information about how to open an offshore company in Delaware:

Delaware offshore company registration for non-residents

Those interested in Delaware offshore company registration do not have to visit this state or live in Delaware to be able to open an offshore company. However, there are restrictions regarding the establishment of this business structure in Delaware. For example, entrepreneurs from countries such as Russia, North Korea, Cuba, Syria, and Iran cannot get involved in Delaware offshore company formation.

Non-residents can choose a corporation, LLC, limited partnership, or non-profit corporation to open an offshore company in Delaware, without them being registered as residents in the respective American state. We remind you that our local agents can take care of the formalities involved and guide you regarding the necessary documents, as well as the collaboration with the relevant authorities.

International entrepreneurs have at their fingertips multiple possibilities for business development in the American states. If you have decided to start a company in USA, we recommend that you collaborate with our specialists and find out the required formalities. Among these we mention the drafting and submission of Articles of Association, opening a bank account, tax registration, and more.

Those who want to set up a branch in USA should know that the process can take around 5 weeks. During all this time, the necessary documents will be drawn up, including the Articles of Association, a bank account will be opened and the formalities for obtaining the necessary business license will be prepared. It should be mentioned that the management of the company does not have to be local, therefore, you have the freedom to choose regardless of the country of origin.

Duties of a registered agent in Delaware

As mentioned above, an offshore company in Delaware must have a registered agent. It has a series of attributions, including the registration formalities in this American state. Here are other attributions:
  • He/she will take care of the necessary documents for the company, as well as their presentation to the Delaware Division of Corporations and/or the Secretary of the State of Delaware.
  • Any legal action against the offshore company in Delaware comes to the attention of the registered agent.

You can talk to one of our company formation agents in USA and learn more about how to open an offshore company in Delaware and the responsibilities of a registered agent. Find out more about Delaware offshore company registration from us.

Investors who want to set up an LLC company in Delaware need a local representative agent. A single shareholder is sufficient, and USD 1 represents the minimum share capital. Besides these aspects, we mention that there is no need for shareholders to reside in this American state. And in terms of benefits, this structure is subject to an extremely beneficial tax system, with a 0% corporate tax rate. Get in touch with us and discover all the aspects that interest you.

Important features of an offshore Delaware company

Offshore companies in Delaware present a number of advantages and are preferred by foreign investors who want to benefit from a good tax system. Among the most important features of offshore companies in Delaware we mention:
  • 0% corporate tax rate.
  • Registered office in USA required.
  • Registered agent needed.
  • Availability of buying a shelf company.
  • Registration of a limited liability company, as the optimal structure for offshore.
  • Confidentiality of shareholders and directors.
  • No minimum capital is required.
  • At least one director is needed, regardless of nationality.
  • Company secretary required.
  • No public access to accounting documents.
  • Filing annual returns is required.
  • 0% tax rate on royalty payments and distribution.
  • No auditing requirements.
  • Business operations must be conducted outside Delaware.
  • No need for company meetings.

We remind you that offshore companies in Delaware must keep accounting records, even if the audit is not required. Also, Delaware offshore company formation is ready in about 7 days, and the incorporation fee is around USD 90, to which is added the franchise tax of almost USD 75. We invite you to discuss all aspects of how to open an offshore company in Delaware with one of our company formation agents in USA.

The advantages of an offshore in Delaware

Being a state with permissible legislation for both local and foreign entrepreneurs, Delaware is preferred for starting a business by creating an offshore. We mention that there are numerous advantages to have in mind when deciding to open an offshore in Delaware, and below are the most important ones: 
  •     an offshore in Delaware can be 100% foreign-owned;
  •     the general meeting of the owners can be organized anywhere, not only in the state;
  •     there is no maximum number of shareholders allowed for creating an offshore;
  •     there is no need for a minimum share capital;
  •     there are small registration costs for LLCs in Delaware;
  •     the assets of the owners are protected in case of company liquidation or bankruptcy;
  •     the identity of the owners is protected;
  •     the offshore company in Delaware is ready in two working days.

Investing in the USA

Being considered the world's strongest economy, the USA is an excellent business destination for foreign investors. Quality infrastructure, transparency of the legal system as well as investment promotion offers implemented by the government are some of the advantages of the US business climate. Here are some statistical figures:
  • Around USD 23 trillion was the GDP of USA registered in 2021.
  • The total FDI stock in 2021 surpassed USD 13.6 billion.
  • More than 8 million jobs were created in the R&D sector in USA in 2020, supported by foreign investments.
  • Japan, Germany, Canada, and the UK are the biggest investors in USA.

If you have decided on Delaware offshore company registration or if you want to set up a company in USA, we suggest you get in touch with our specialists in company incorporation in America.