DELAWARE INCORPORATION: EXPLANATORY NOTES


 

Delaware incorporation (or llc formation); explanatory notes: (the capitalized phrases below are the phrases which appear as hyperlinks on the web page which contains the special offer regarding Delaware corporations and llcs)

WITHIN 24 HOURS: We will file the Certificate of Incorporation (or Certificate of Formation in the case of an llc) within 24 hours after you have (1) provided payment for our services and the fees we must pay out as a part of the process (charge cards are considered immediate payment, checks require clearing time) (2) given your approval to the name to be used and the names and addresses of the parties to be listed in the certificate and signed any necessary documents. The Secretary of State advises that they will give 24 hour service on expedited filings. While they have adhered to that time frame in the past, so that the filing does occur within 24 hours, they reserve the right to extend the time if extraordinary conditions occur, and they are generally good about promptly advising that they have made the filing within that 24-hour period.

CHECKING YOUR NAME: The name checks we conduct for domain name purposes and on the U.S. Patent and Trademark Office trademark search facility are exact name searches only. It is possible that there is a trademark in existence which is "confusingly similar" (see limitations of USPTO searches) to your name, and this possibility (while slim) cannot be eliminated by the searches we are making, or by the name check with the Secretary of State. In conducting these name checks, we are relying upon the information provided to us and cannot be responsible for errors in that information.

HOME STATE INCORPORATIONS...: "Home state incorporations" means corporations (or limited liability companies) where one or more out of the principal parties in the company is a resident of the state. It does not include situations where no participant in the company is a resident.

ACKNOWLEDGED FILING...: The Secretary of State may not acknowledge the filing of the articles immediately upon filing, at least at this time, but the effective date of your company will nevertheless be as of the date and time of filing.

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