Legal Business Structures Table - Delaware
Legal Business Structures Table
TYPE
OWNERSHIP
Indiv?dual
CONTROL
Controlled by
Owner
Sole
Proprielorshlp
G€neral
Partne?ship
6 Qe!.c.,
s15-1 01
Llmited
Partnersh?p
6 Dsl.c..
Two or mo?e
individuals or
other enl?ties
according to
partnership
agreement
Gontrolled by th€
partners in
accordance with
partnership
agr€¨ºment
Two or mors
ownsrs; two
classes of
owners; general
partners and
limited partners
General
s17-r0r
Shareholders
(Unlimited
number)
"C" Corporation
I Qel.Q.
Shareholders
Subchapter "S"
Corporation
partne(s) may
d?ssolv€ et tha?r
discrel?on, limited
partners do no
hav6 lhis oplion.
General partners
generally run
bus?ness, as
specified in
partnership
aqreement
Owners share
ownersh?p
lh?ugh stock,
and business is
managsd through
a Board of
Directors; certain
legal regulations
also apply
Same as "C"
Corporation
Above
8ge!.C.
LIABILITY
T?(ATION
Own6r ig
All business income
perBonally liabl€
for all business
is considered
debts
lhe ow?rer and is
taxed at personal
All paflners are
jointly and
s¨ºverally liabls
for all parlnersh¨ªp
debts
General
padner(s) ara
fully liable for all
business debts,
l?m?ted pertners
only liable to
extent of capital
inv€st€d
FILING FEE
None
personal income to
income tax rates
lndiv?du?l paftners'
prorated share of
partnership income
or loss is included
on the respGctfue
income tax retum of
lhe partner and
tax¨ºd at p€rsonal
or corDorale rat¨¦s
Same as gener?l
partnerslSp
Ownefs ilablllty
is llm?ted to
amount of capital
contributed
unless acting as
guarantor of
corporate d€bt
Corporat?on pay tax
on bus?n€ss income
at corpor?te tax
rate: profits
distributed to
shareholders and
afe lax€d at
personal income tax
rate
Same as'C"
Corporation
above; generally
limitgd to assets
in corporation
Corporation not
taxed; income ?s
taxable to the
shareholders at
their personal
income tax rate
$300.00
Payable to the
Secretary of
State
6 Del.C.,
s1s1208
$300.00
Payable to
Secretary of
State
6 Del.Q,
s17-1 1 09
¨¹?!8.
s391
Based on the
number of
aulhorized
shaf?s or
assumed nopar capltal
payable to
Secr¨ºtary of
Slate
I
s3s1
Based on the
number of
authorlzed
shares or
assumed nopar cap?lal
payable to
Secretary of
Limited Liability
Company
One or more
members
6 Psl.q,
s18-101
Contrclled by
members or
Generally, same
managerc, as set
out in operating
agreement
Corporalion
above
as'C'
TarGd as
partnership,
@rporation or may
be disregaded
depending on
election rnade. See
'Check lhe
Limited Liability
Partnership
6 Qe!.c.,
s17-214
Two or more
owners; limited
p?rtners
Controlled by
partners in
accordance with
partnership
Limit€d and
General partners
only liable to
extent of capital
agreement
?nvested
8300.00
Payable to
Secretary of
Slate
6 Del.C.,
s18-1 1 07
Bo)C'
reoulations
Same as general
partnership
$200.00 per
partner not to
exceed
$120,000.00
Payable to
Secrctary of
State
I, Del.C.
G15-1207
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