The Rise of the LLC: A Matter of Trust
Filed Under: Delaware, Limited Liability Company, Trend Report
Tags: Delaware, Incorporating, Limited Liability Company
If you had to guess which entity is number one in Delaware – would you say an Inc. or LLC? According to a recent report found in the Fordham Journal of Corporate and Financial Law; the statistics are staggering. Since 2004 the number of LLC’s filed in Delaware has surpassed the number of Incorporations by almost 3 – 1.
The total number of LLC’s filed in DE from 2004 to 2009 was 519,000. The total number of Inc.’s filed during the same period was 189,000. There were 329,000 more LLC’s filed in DE than Inc.’s in that six year period. The most dramatic increase in the LLC’s filed occurred between 2005 and 2007. Through that two-year period there was an increase of 40% more LLC’s filed when compared to 2004. In 2007, there were 112,982 LLC’s filed in DE versus 68,807 filed in 2004. The total number of Incorporations has fallen every year since 2005. The dramatic economic crisis which began in 2008 had an impact on each entity type; although the LLC still out paced the Inc. by more than 50%. Why are these numbers important? What can we learn from them?
Well, first of all when you consider that the Delaware Incorporation has been in existence since the 1800’s and the Delaware LLC since 1991 – this change has obviously occurred over a very short period of time. The LLC is now the most popular type of entity filed in America. In fact; according to the study, the LLC is being filed by almost 11 to one over the Inc. in some other states.
Business people from all walks of life are placing a great deal of trust in this relatively young corporate entity type. In the past, most business endeavors sought the structure of the corporation to provide stability. The security, flexibility and informalities associated with the LLC have made it an obvious choice for many entrepreneurs and investors. We now live in a world that is more litigious than ever and your business deserves ample protection as do you and your assets. The LLC can typically shelter any type of business or assets and provide separation for the individuals involved. It is very simple to operate and the burden of management associated with a stock company is greatly reduced.
However, the most important factor is still – trust. The LLC has withstood the legal challenges of the past 19 years and has established itself as a very worthy entity. Also, we can conclude that the LLC is helping many individuals and small groups realize their business potential. The LLC is very well suited for a more intimate business strategy. The privacy offered is also appealing to many; since we are all faced with the threat of identity theft in this age of immediate information.
Harvard Business Services, Inc. has been filing LLC’s since 1991. We know firsthand how valuable the LLC is to most business people. The LLC may be just right for you and if there is strength in numbers…..well you will be joining a very strong group! We can help you file your LLC today.
Comments (3)Ready, Set, Start Your Business Graduates
Filed Under: Delaware
Tags: Delaware, Entrepreneur, Incorporating
Congratulations to all the Graduates of 2010! So, now you’re looking for a job in your field of study or your trying to decide what you want to do in life. I’ve got a great idea, have you ever thought about starting your own company and being your own boss? It could be your fastest route to success. Does this idea sound interesting, but are you not sure how to get started, where to get started or what type of company you need?…Or maybe you think it might be too complicated or cumbersome.
Three words: Harvard Business Services.
For almost 30 years HBS has been forming and filing companies for entrepreneurs like you all over the world. We will make the incorporating process so easy and painless that in less than ten minutes you will officially have your own company. Below are a few answers to some FAQs.
How easy it is form a company in Delaware?
The hardest question we’re going to ask you is what you want to call the company. After that we will explain your options so you can decide between an LLC and an Incorporation. All we need is your contact information and payment. No signatures and No passports are required.
Is any of my contact information available for public record?
None of your contact information is available for public record and no one will know who is behind this company as we will file your company anonymously and we will not sell or release your information unless legally obligated to do so.
Do I need a physical address in Delaware or have to open a bank account in Delaware?
All you need is a Delaware Registered Agent like Harvard Business Services, Inc. No physical address is required in Delaware as HBS will be your Registered Agent to receive and forward service of process and other government documents, such as franchise tax reports, and notices. It is a legal requirement to have a Delaware Registered Agent.
Your company’s bank account can be opened anywhere in the world and is not required to be opened in Delaware.
Are there any taxes in Delaware or annual fees?
There is no sales tax in Delaware, there is no state income tax for corporations that operate outside of the State of Delaware and there is no inheritance tax. To maintain your company in Delaware there are two annual fees. The annual Franchise Tax is simply what you pay the State of Delaware for the right and privilege of owning a Delaware company and our annual Registered Agent fee – the lowest in the industry — is only $50 per year.
Does Delaware need to know the nature of business or where you are conducting business?
Delaware doesn’t need to know the nature of business or where you are conducting business. With a Delaware company you can operate business lawfully all over the world.
Graduates this year will not find a friendly market for jobs, yet opportunity is everywhere. Many successful entrepreneurs became mega-rich because they improved an industry they knew well. They followed their instincts. They invented something new or better than anyone else had ever thought of, so maybe you should consider forming your own company instead of looking for a job.
You could have the next million dollar idea such as the original whiz kids like Bill Gates or Steve Jobs. Put your own spin on success and maybe you will make a lot of money along the way like these folks did. For a list of successful young millionaires click HERE.
Want more information on “Why Delaware?” click HERE.
Want to know what makes Delaware so appealing? click HERE.
Ready to start your own business? To get started click HERE or call 800-345-CORP (2677).
Comments (1)15 Minutes or Less…Could Save Your Assets!
Filed Under: INC Knowledge
Tags: Business Tips, Incorporating
That little gecko has become quite popular! Seems like he is everywhere…..TV, radio, print, billboards and on the web. People are obviously concerned with auto, boat and motorcycle insurance; as many companies advertise routinely for their business. Most responsible folks are also concerned about insuring their homes, health and lives as well. All of us want to be sure that those aspects of life are protected from the unforeseen worst case scenario. There is risk involved with almost every facet of everyday life that we control with various insurance policies.
What about your business? How can you apply insurance to your business, your assets and their future? The answer is INCORPORATION!
You can find many essays and articles on the web which reinforce the advantages of incorporation. Most will stress the benefits of credibility, tax advantages and asset protection. The process of incorporation also adds security and stability to any business; much like auto insurance makes us feel more comfortable when we drive. Being incorporated will ease the strains of business risks and allow you to focus on the business itself. It will establish a separate entity apart from the individuals involved and offer the protection and separation from the negative impacts that can face your company. Liability, judgments by creditors, debt and litigation are all real worst case scenarios that every business must deal with. Incorporation will typically shield and shelter the business owners involved from those fears and isolate them and their personal assets from issues pertaining to the business.
There are still many sole proprietors who are not insuring their businesses or their assets. They and their personal assets are directly at risk with every transaction. At best, sole proprietorship is a quick way to get a business started; however once established, incorporation will typically offer immediate business stability – much like your insurance policy. After incorporating, the risks are minimized.
Harvard Business Services, Inc. has been providing peace of mind to sole proprietors for more than 30 years by incorporating them. If you have about 15 minutes or less to spend with one of our incorporation specialists or on our convenient and informative website www.delawareinc.com – we will help you form your corporation or LLC today. Life is full of risks…….we all need insurance! It’s so easy, with our help. File today!
Comments (3)The Benefits of Incorporating Your Family Business in Delaware
Filed Under: 101, INC Knowledge
Tags: 101, Close Corporation, Family Limited Partnership, Incorporating, Limited Liability Company
Structuring and operating a business is a complex challenge under the best of circumstances. When family members are part of the equation, the complexity multiplies many times. On the other hand, some of the world’s most respected brand names today started out generations ago as family businesses. The LLC in particular gives you the flexibility to structure the business in a way that takes these complex variables into account. In addition, the corporation or Limited Liability Company creates a wall of separation between your personal assets and the functions of your family business.
As owners or participants in a business, family members must confront a range of issues:
- Which family members “own” the business now?
- Which family members contribute the most value to the business?
- As the business grows, how will its ownership and management evolve?
- How will ownership transition smoothly and equitably to the next generation and to future generations?
Benefits of Incorporating Your Family Business in Delaware
- Limited liability
- Asset protection
- Homesteading & Insurance
- Delaware Family Limited Partnerships
- Delaware Corporations and Limited Liability Companies
- International Corporations
- Delaware Trusts
- International Trusts
- Offsets inadequate insurance
- Pass-through taxation (with S-Corp and LLC)
- Business deductions for losses and expenses
- Enhanced credibility with existing and potential customers
- Investor attraction
Many family businesses today are taking advantage of Delaware’s flexible LLC and close corporation laws. The flexibility of the Delaware LLC stems the way it allows business owners to establish what is known as a private operating agreement. This agreement is similar to a contract between family members. The contract sets forth the company’s governance structure and does not have to be filed with the State of Delaware; the arrangement is the personal, private business of you and your family.
In the operating agreement, you determine the rights and privileges of the members. Among a wide array of arrangements you can set up, the agreement can identify and separate owners from managers, define compensation arrangements, and mandate what will happen in the event one of the principals retires or dies.
A Delaware LLC can even allow for different classes of members: those who run the company, those who are employed by it, children of family members, and future generations. At the same time, a Delaware LLC provides your family with the benefits of pass-through taxation and limited liability.
The Delaware close corporation is meant for tight-knit groups such as a family. Its structure makes it very difficult for a (family) shareholder to transfer ownership to someone outside the family without the consent of the other family members. This is a way to ensure that business remains in the family as long as its members want it to. And, if the close corporation elects Subchapter S status with the IRS, it also enjoys the benefits of pass-through taxation and limited liability.
LLCs are a good choice to hold the assets because they are tax-free companies with strong liability protection. And, if they are set up properly, you won’t need to file separate tax returns for each LLC, which saves time and money. The family home is a personal asset. For further protection, your home should be homesteaded and insured. Homestead laws vary from state to state, so be sure to check with a local lawyer about the rules that govern your state’s homestead protection. In some states, you will need to register to be covered; in other states, there maybe a limit on the value you can protect.
If there is a family farm involved, protect it by placing it in a Family Limited Partnership (FLP). The FLP will allow you to maintain control, but will spread out the legal ownership. If you are sued personally, the farm won’t be sold to satisfy a judgment against you. In addition to being the first step in estate planning, Family limited Partnerships are also great asset protection plans.
Comments (2)The Best Way to Form a Company
Filed Under: HBS Announcements, Videos of Interest
Tags: Incorporating, Videos of Interest
After hours of hard work at Harvard Business Services we are pleased to debut the first of our video series. Check it out!
Comments (3)



