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
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.