Nevada Corporation Anonymity
 

Our U.S. and foreign customers often ask about anonymity, confidentiality and privacy with regard to the owners, officers and directors of a corporation or members and managers of a LLC formed in Delaware or Nevada. The following explains how the Delaware LLC provides the most protection at the lowest cost.

It is much touted that the State of Nevada does not charge an income tax to businesses located in Nevada. Nevada allows for stockholders to remain anonymous (bearer stock certificates with no names of stockholders). The only way for officers, directors or members to remain private is to have a director nominee, this service is not ethical in our opinion. Nevada does not have an information sharing arrangement with the IRS (but this is irrelevant if your private information is published with the initial list of officers and directors). If you are outside Nevada, such as California, you will pay California income tax and will probably have to register your Nevada Company as an out of state company doing business in California and pay the annual fee to California ($800 per year).

While Delaware does not have such a non-information sharing arrangement with the IRS, for most companies, that is not relevant because the State of Delaware does not obtain any financial or personal information about your company. Delaware companies also have a better reputation in the business community, as judged by the United States Chamber of Commerce.

If you are not located in Nevada, you will probably be better served incorporating in Delaware. Delaware has more privacy because it does not require the disclosure of officers, directors or members names. It is also less expensive to incorporate in Delaware. We form Delaware Corporations and Delaware LLCs for $298 complete with all required documentation.

The owners, officers and directors of a corporation and the members and managers of an LLC can remain anonymous in Delaware corporations and LLC's during and after their formation in Delaware. In Delaware, the only name and address which is required to be on record is the name and address of the Incorporator and Registered Agent.

The minimum filing fee to form a Delaware corporation is $74.00 or $100.00 to form a Delaware LLC. In contrast the minimum filing fees to form a Nevada Corporation or LLC is $175.00 plus $125.00 to file the required list of Corporation Officers and Directors or LLC Member and Managers and $100 to expedite the filing. The minimal annual fee for a Delaware Corporation is $60.00 or $200.00 for an LLC in contrast to the Nevada Annual Corporation or LLC fee of $85.00.

Agents and Corporations, Inc. serves as the Incorporator and Registered Agent for Delaware, Florida and Nevada corporations and LLC's. Agents and Corporations, Inc. does not voluntarily disclose any information about its customers. Agents and Corporations, Inc. protects the privacy of our customers by forwarding any requests for information or notices of legal actions to our customers for the customers to decide whether and what to respond. You may also obtain the confidentiality of the attorney client privilege by paying a legal fee to Incorporate or form your LLC through The Williams Law Firm, P.A.

The Minutes, By Laws and Stock Certificates which Agents and Corporations, Inc. prepares and sends to its full service Delaware, Florida and Nevada Incorporation customers are private documents which may be kept confidential by the Stockholder or Stockholders. The Limited Liability Company Agreement which Agents and Corporations, Inc. prepares and sends to it's full service Delaware, Florida and Nevada LLC customers is a private document which may be kept confidential by the LLC Member or Members.

Delaware will accept the filing of the Annual Corporation Franchise Tax Report and payment without the listing of Officers and Directors and signature. The Delaware LLC Annual Report does not require any information or signature when it is filed with the $200.00 Annual Fee.

A Delaware Corporation or LLC does not have to obtain a business license or pay any Delaware income taxes if it does not do business in Delaware. A Nevada Corporation or LLC is required to apply and pay $25.00 for a one time business license even if it does not do business in Nevada. Neither Delaware or Nevada require a bank account to be opened or meetings to be held in the state. Please note that Delaware bank accounts are exempt from attachment by creditors (other than tax creditors and spousal and child support creditors).

This explanation and comparison will help you make your choice of State if you are looking for anonymity, privacy and confidentially when you incorporate or form an LLC. If you have any questions, you may call, Fax or E-Mail the attorney who manages Agents and Corporations, Inc. or its incorporation specialists to assist you.