This document discusses the advantages of incorporating a startup business in Delaware. It notes that Delaware makes things easy for businesses with flexible laws regarding boards of directors, stock issuance, voting rights and privacy protections. Delaware also offers a tax advantage with 0% income and investment taxes. The document provides advice on when a startup should consider Delaware incorporation, such as when seeking professional investors or entry to the US market. It outlines next steps including annual franchise taxes and filings. Exceptions are also presented, such as companies that will never need institutional funding or go public.

1. DELAWARE
STARTUP PROMISSED LAND
1
EKATERINA MAMYKO, ESQ.
STARTUPLAWUA.COM
TUNIS, TUNISIA
MARCH 4TH, 2017

2. EKATERINA MAMYKO, ESQ
TARAS SHEVCHENKO
UNIVERSITY OF KIEV, LL.M.
LEADING SPECIALIST IN
STARTUP AND INVESTMENT
LAW IN UKRAINE
HELP CENTRAL & EASTERN
EUROPEAN STARTUPS DO
BUSINESS WORLDWIDE

3. WHY DE
WHEN TO GO DE
WHAT HAPPENS NEXT

4. WHY

5. DELAWARE MAKES
THINGS EASY
DELAWARE MAKES
INVESTORS HAPPY
DELAWARE IS THE STANDARD
OF CORPORATE LAW

6. Structuring boards of directors
Stock issuance and preference
Voting rights
Providing the broadest privacy protections
DELAWARE OFFERS FLEXIBILITY

7. Income tax = 0%
Investment tax = 0%

8. NO quarterly filing

9. WHEN

10. Professional investors
Specific investment instruments
Entry to US/global market
…and more

12. Start selling in US…
from home

13. WHAT’S
NEXT

14. Annual Franchise Tax
Annual state filing + federal tax returns
Mailing and Corporate agent services

15. GOOD AND FAST
CPAS ARE LIKE
UNICORNS:
THEY ONLY EXIST IN
YOUR DREAMS OR
IF YOU SPEND AN
INFINITE AMOUNT
OF MONEY

16. FREE ADVICETHE ONLY TIME YOU WILL GET IT FROM A LAWYER

17. DON’T GO DE UNTIL YOU
REALLY NEED TO
BE OPEN TO OTHER
MARKETS AND JURISDICTIONS

18. WHO DOES NOT NEED TO GO DE

19. Receive institutional/professional funding
Go public
Deal with multiple classes/types
of stock holders
COMPANIES THAT WILL NEVER

20. WHERE ELSE TO LOOK

21. ILLEGAL OFFSHORE

22. THANK YOU
THESE SLIDES:
SLIDESHARE.NET/MAMYKOEKATERINA
EKATERINA MAMYKO, ESQ.
@STARTUPLAWUA
WWW.STARTUPLAWUA.COM