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Library ~ A Checklist for Establishing Delaware Substance

DMS professionals can provide all necessary services and functions to fulfill the requirements for  establishing DHC substance in Delaware.

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DHC's should take the following steps to achieve and maintain substantial nexus with Delaware:
1. Have a documented non-tax business purpose for its existence.
2. Own or rent usable office space, furniture and office equipment in Delaware.
3. Establish one or more Delaware bank accounts through which investment income is collected. Any dividends paid should be drawn on the Delaware bank account(s). Loans or equity investments made by the DHC should be originated in the Delaware account(s). In addition, disbursements for the DHC's operations (rent, compensation, Delaware franchise tax, etc.) should be made from the account(s).
4. Use a Delaware address for correspondence and the filing of payroll and other tax returns.
5. Employ individuals who discharge their duties within the State of Delaware.
6. Order and use corporate stationery and business cards with the Delaware address and maintain a telephone number for the Delaware office.
7. Perform all accounting functions and keep all accounting and corporate records in Delaware.
8. Retain Delaware personnel and/or independent contractors to maintain custody and protect and enhance the assets of the investment holding company.
9. Conduct regular Board of Directors, shareholder, and management committee meetings at the DHC office. Maintain minutes, resolutions, and other documentation of the proceedings.
10. Have Delaware employee(s) initiate and/or confirm activity flowing through investment accounts.
11. Originate contracts and orders including investment buy/sell requests in Delaware and use a Delaware address. Additionally, an employee, officer or director in Delaware should be authorized to make such decisions.
12. Meticulously document all transactions between the DHC and any other affiliate on terms that fall within the range of acceptable business practice and economic terms of the transaction (at arm's length).
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