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Delaware Business Formation Questions & Answers
4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

David Aldrich
David Aldrich
answered on Apr 3, 2025

The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More

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4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Felicia Altman
Felicia Altman
answered on Apr 3, 2025

In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More

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4 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Delaware on
Q: Trademark registration for "West Coast Records"

I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

Alan Harrison
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answered on Apr 3, 2025

You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.

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1 Answer | Asked in Contracts, Business Formation and Business Law for Delaware on
Q: If I form an LLC at 16 and have members above 18, would they in theory have more rights to choices the LLC makes?

I'd want to enforce a board of directors regardless of it being an LLC, I'd be incorporating but from what I've read a minor can't form a corporation. I am from overseas but I will file under one of the many services that file for you and have virtual addresses and etc. Sort of... View More

Anthony Wilkinson
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answered on Aug 13, 2024

It's wonderful to see your entrepreneurial spirit at such a young age! The concerns you're raising are very important, and you're wise to think them through carefully.

There is no law in the State of Delaware against a minor forming an LLC. Also, the general rule in the U.S.... View More

2 Answers | Asked in Immigration Law, Contracts, Business Formation and Business Law for Delaware on
Q: Create an operation agreement for F-1 students; Web-design company in Delaware

Dear Lawyers,

I would like to create an operational agreement for my LLC. At the moment, I'm an F-1 international student, so I would like to know if you could help me do this. We create websites. In summary, I (founder) and another co-founder (F-1 student as well) are not going to... View More

Daniel Bitonti
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answered on Jul 30, 2024

To ensure your LLC is set up correctly and complies with all applicable laws, it's highly recommended to retain an experienced attorney. As F-1 international students, there are specific immigration laws to consider. Direct participation in the operations of the LLC might violate your visa... View More

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1 Answer | Asked in Tax Law, Business Formation, Business Law and International Law for Delaware on
Q: Legal ways to start an US business from a country that has no double taxation treaty with the US and avoid double taxed?

E.g Delaware often mentioned as an offshore location and a business friendly state. Can I avoid being double taxed somehow (legally)? I would gladly pay taxes in the US. If i can't find a solution soon, i have to find another english market, unfortunately.

James L. Arrasmith
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answered on Mar 8, 2024

Starting a business in the US from a country without a double taxation treaty can indeed present challenges, but there are legal pathways to minimize the impact of being taxed in both jurisdictions. Delaware is a popular choice for international business owners due to its business-friendly laws,... View More

1 Answer | Asked in Business Formation, Real Estate Law, International Law and Business Law for Delaware on
Q: Integrating French real estate into US LLC for liability protection

I am a French citizen, and I want to integrate my real estate property in France into my US-based LLC, which is currently being formed in Delaware. I'm interested in achieving liability protection through this integration. I haven't consulted with any professionals or advisors yet. Could... View More

James L. Arrasmith
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answered on Jun 19, 2025

If your goal is liability protection, forming a U.S. LLC is a good first step—but transferring or associating foreign real estate with that LLC involves serious jurisdictional considerations. France does not automatically recognize U.S. LLCs as having legal personhood in the same way it does... View More

1 Answer | Asked in Business Formation, Business Law, International Law and Contracts for Delaware on
Q: Delaware company notarizing contract for manufacturing license in Egypt requirements and steps?

I am part of a Delaware company planning to notarize a contract that grants a manufacturing license for a medical device to a foreign party in Egypt. As this is our first time with such a notarization, could you help us understand the requirements, steps, potential expenses, and timelines?... View More

James L. Arrasmith
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answered on Jun 19, 2025

To notarize a Delaware company’s contract for a manufacturing license intended for use in Egypt, you’ll need to follow a multistep authentication process recognized under international law. Begin by having the contract notarized by a Delaware notary public. The notarization must then be... View More

1 Answer | Asked in Business Formation, Business Law, International Law and Contracts for Delaware on
Q: Notarizing a contract for a Delaware company with a foreign party in Egypt: requirements, steps, costs.

I am with a Delaware company and plan to notarize a contract granting a manufacturing license for a medical device to a foreign party in Egypt. This is our first time processing such a notarization to legalize the relationship. Can you assist us with understanding the requirements, steps, potential... View More

James L. Arrasmith
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answered on Jun 19, 2025

When notarizing a contract between a Delaware company and a foreign party in Egypt, you’ll need to follow both U.S. and Egyptian standards for international document authentication. The process typically begins with having the contract signed and notarized by a U.S. notary public. Delaware... View More

1 Answer | Asked in Business Formation, Immigration Law and Business Law for Delaware on
Q: Can I accept volunteer work from an H-1B visa holder for my Delaware corporation?

I recently started a Delaware corporation and someone on an H-1B visa offered to volunteer doing product design work because they're interested in the concept and want more work experience. I don't have the funds to hire them right now. I'm concerned about the risk of them having... View More

James L. Arrasmith
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answered on May 24, 2025

You should not accept volunteer work from the H-1B visa holder for your Delaware corporation, as this arrangement would likely violate both immigration law and federal labor regulations. H-1B holders are authorized to work only for their sponsoring employer, and performing any work for another... View More

1 Answer | Asked in Tax Law, Business Formation and Business Law for Delaware on
Q: How to file Delaware state taxes for a new company incorporated in Dec 2024?

I'm inquiring about filing Delaware state taxes for the first time. Our company was incorporated in December 2024, and I would like to know what steps we need to take to comply with Delaware state tax filing requirements. Additionally, is there an extension clause available for filing taxes?

James L. Arrasmith
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answered on May 15, 2025

vSince your company was incorporated in Delaware in December 2024, you will still need to comply with the state’s tax and filing obligations for that year, even if your business activity was minimal or nonexistent. Delaware requires all domestic corporations to file an annual franchise tax report... View More

1 Answer | Asked in Business Formation, Business Law and Trademark for Delaware on
Q: Can I omit the LLC suffix in branding for my Delaware LLC?

I have an LLC registered in Delaware under the name "My Business Name, LLC." For branding materials and advertisements, I would like to use just "My Business Name" without the LLC suffix, while keeping the suffix for all official documentation and forms. I am uncertain if I need... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s unfortunate that your situation with the pain clinic has led to a dismissal, especially after a false positive test result. The first step is to gather all the medical documentation you have, including the records from your hospital stay and any related tests or treatments that could explain... View More

1 Answer | Asked in Immigration Law and Business Formation for Delaware on
Q: Can I be my own statutory agent with a non-resident visa?

Dear Sir or Madam

I am about to make my own LLC to make an income during my OPT for my F1-visa before finishing my Bachelor's degree. I signed the work under Sevis and worked towards making money but before making money it has to be registered. which I try to do now. I was told that I... View More

James L. Arrasmith
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answered on Feb 7, 2025

You raise a crucial question about serving as your own statutory agent while on an F1 visa with OPT status. As a non-resident in Ohio, you unfortunately cannot serve as your own statutory agent, since Ohio law requires statutory agents to be legal residents of the state.

Given your visa... View More

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... View More

Timothy Denison
Timothy Denison
answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Delaware on
Q: I left a company I cofounded but still have 50% share. Would I be personally liable if the company does not file taxes?

I cofounded a S corporation in Delaware a few months ago and left the company as the board member and employee after a couple of months due to disputes with my partner. I still kept the shares (50%) because I was not compensated for the work I did. The company was a start-up and did not have any... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 19, 2020

Depends on what's in the operating agreement/by-laws. What was the underlying entity that was S-elected? S-corps cannot be created at the state level, you have to have a registered entity upon which to elect S status. The IRS will use the entity law to determine owner liability and... View More

1 Answer | Asked in Business Formation, Mergers & Acquisitions and Tax Law for Delaware on
Q: How can I optimize a sale of business assets when the business is no longer in good standing?

In 2015, friends and I started a business. We allocated shares, and set up a vesting schedule. In 2016, we decided to allow the business license (Delaware) to lapse and operate with funds from an existing LLC business I own, however, the other partners do not benefit from the LLC business.... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 14, 2017

More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the... View More

1 Answer | Asked in Business Formation for Delaware on
Q: Is a Delaware LLC that just converted to a Delaware C corporation obliged to send out the 228(e) notice?

What would be the consequences for failure to give such notice?

Michael David Siegel
Michael David Siegel
answered on Nov 2, 2016

This is entirely a question of DE law. Call a DE lawyer.

1 Answer | Asked in Business Formation for Delaware on
Q: Registering business in Delaware or Nevada or any other state which is better than the above two mentioned.

I have an online ecommerce store which sells products worldwide, with US, UK and India being the core market. I'm based in India but I want to register my business in Delaware or Nevada. Plus, I have multiple businesses (with different brand names) as well which I would want under a single... View More

Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

It depends what your goals are. The franchise taxes in DE can be expensive. WY may be an option to consider as well. A business lawyer can advise based on your specific circumstances.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This... View More

1 Answer | Asked in Business Formation for Delaware on
Q: Incorporating and operating in the US

Can non-Americans, residing in their own country, start a company (incorporate) in the US and operate a business (without having to come to the US)?

Adam Studnicki
Adam Studnicki
answered on Aug 11, 2015

In some situations, this may be possible. Best to consult with a lawyer about your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal... View More

1 Answer | Asked in Business Formation for Delaware on
Q: How should I go about opening a bank account for my Delaware LLC?

I recently registered a single member Delaware LLC and have a EIN for it. I do not live in the USA and therefore have no SSN/ITIN.

The purpose of the LLC is to process orders more efficiently for our USA clients.

After registering the LLC (through a document filing service that also... View More

Charles Snyderman
Charles Snyderman
answered on Apr 17, 2014

You should be able to open a bank account in the U.S. without actually coming to the U.S. You say you do not have an ITIN. Why not? It is not difficult to obtain. You will need that so the bank can identify you. The IRS website has instructions for obtaining an ITIN.

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