Originally from:
Legal Aspects of Doing Business in North America - 2nd Edition - Loose leaf
Legal Aspects of Doing Business in North America - 2nd Edition - Electronic
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Delaware
David W O’Connor
Montell North America Inc
Wilmington, Delaware, United States
Introduction
Delaware offers to foreign enterprises an enticing business climate and culture. Its laws
are designed to respond to the rapidly changing needs and patterns of modern business
and its attorneys and other professionals are experienced, dedicated and creative. Moreover,
the clarity and flexibility of Delaware’s regulatory environment encourage initiative
and promote business potential.
Delaware also enjoys a global reputation for preeminence in the field of corporate law.Delaware’s
court system is renowned for acting quickly and effectively in the resolution of
corporate litigation at both the trial and appellate levels. This is one reason why more than
half of the Fortune 500 and more than 334,100 companies are incorporated in Delaware.
This chapter outlines the registration process a foreign enterprise must undertake before
transacting business in Delaware and highlights some of the unique regulatory, tax and
other provisions and advantages available in Delaware.
Foreign Corporations
According to subchapter XVof the Delaware General Corporation Law, a foreign corporation
is a corporation organized under the laws of any jurisdiction other than the State of
Delaware.1 Foreign corporations are free to engage in any lawful business activity within
Delaware with the exception of banking.2
Qualification
In order to qualify to do business in Delaware, a foreign corporation must complete three
simple steps. First, the foreign corporation must pay to the Secretary of State a nominal
registration fee.3 Second, the foreign corporation must file with the office of the Secretary
of State a certificate issued by an officer authorized by the jurisdiction of incorporation to
verify the foreign corporation’s corporate existence.4 Third, the foreign corporation mus
Delaware
Introduction
Foreign Corporations
Foreign Limited Partnerships
Limited Liability Companies
Limited Liability Partnerships
Taxation
Special Tax Exemptions
Antitrust
Labor
Productivity
Labor Unions
Environmental Law
Product Liability
Long-Arm Jurisdiction
David W O’Connor Montell North America Inc, Wilmington, Delaware, United States
