Global Entrepreneur Guide

Delaware Company Incorporation for Non-Residents

Everything you need to know to establish your US company from anywhere in the world.

Start without borders

If you aspire to be an entrepreneur, you may have heard of the benefits of incorporating in Delaware. The Delaware Court of Chancery, its flexible corporate structures, and strong privacy policies are excellent reasons to start a business in this state.

And, incredibly, these benefits are not limited to Delaware residents. In fact, you don't even need to live in or visit the state to form a company there.

Restrictions

Except for residents of restricted countries (such as Cuba, Iran, North Korea, Syria, and Russia), anyone can establish a corporation or LLC in Delaware.

INCORPORATE A CORPORATION

Ideal for startups seeking venture capital or going public.

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FORM AN LLC

The most flexible and popular option for small and medium businesses.

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Who can incorporate in Delaware?

Practically anyone can start a business in Delaware. There are no citizenship or residency requirements for company owners, directors, or executives. This makes Delaware an attractive option for non-residents wishing to do business in the US or own assets in the country.

Important: Delaware requires every company to have a Registered Agent with a physical address in the state to receive legal notifications.

Incorporation Process by Entity Type

Steps for LLC

Choose a name for your LLC
Provide the contact person for communications
Indicate the full name of a member/owner
Harvard Business Services prepares the Certificate of Formation
State approval (within 3 to 5 business days)

Steps for Corporation

Choose a name for your corporation
Indicate the number of authorized shares
Provide the full name of a director
Filing of the Certificate of Incorporation
Creation of internal documents (Bylaws, etc.)

How to open a US business bank account

Unfortunately for international clients, one of the most common and inflexible requirements for opening a business bank account in the US is physical presence for the process. However, digital options exist:

Digital Partners

Options like Mercury are popular among international clients as they allow remote processing.

Required Documents

• Certificate of Incorporation
• EIN Number (Tax ID)
• Valid Passport
• Operating Agreement

Can I be an officer without living in the US?

Yes, Delaware allows foreigners to act as officers, directors, or members of an LLC. There are no restrictions on citizenship or residency for officers or directors.

Mail Forwarding Service

By hiring our mail forwarding service, you can receive your company's correspondence at our office, from where we will forward it to the address of your choice anywhere in the world.

Corporate Transparency Act

Thanks to a March 2025 resolution, Delaware LLCs are exempt from Beneficial Ownership Information (BOI) reporting requirements before FinCEN, significantly simplifying compliance for foreign owners.

Apostilled Documents

If your company does business outside the US, you will likely need documents apostilled by the Delaware Secretary of State to verify its legal existence before foreign banks.

Ready to expand your business globally?

DelawarePro helps you with the entire registration process, from name search to obtaining EIN and registered agent management.

Note: We are not tax or legal advisors. We recommend consulting with professionals before incorporation.