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I am starting a new business. The business will be providing

interconnected VoIP services and will...
I am starting a new business. The business will be providing interconnected VoIP services and will be required to provide FCC filings. I know as part of my FCC filings I will have to have a DC registered agent stamp the form. Which state or district would I benefit the most to incorporate my business in terms of tax liabilities and FCC filing requirements?
Attorney must be familiar with FCC requirements
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6/4/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Business Law
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Hello Brett,


My name isXXXXX a licensed attorney. I very much appreciate your patronage, and am glad to try and help out. Congratulations on what sounds like an exciting business venture!

I do have direct experience with this type of matter, so here's how this works. It involves an interplay and coordination of state and federal law. When it comes to Federal Communications Commission filing requirements, the decision of which state you pick for incorporation is essentially irrelevant. In other words, you'll be held to the same compliance standards under federal law. However, the second part of the equation pursuant to state law certainly is a highly relevant inquiry. For the "friendliest" forum for one in your shoes, the classic choice of incorporation venues would be Delaware. Personally, that would be my most likely pick, especially for this type of venture and under the circumstances you've related here.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

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Customer reply replied 4 years ago

Please explain why Delaware would best suit my business?

Hello Brett,

Thanks for writing back..great to hear from you!


Sure, I'm glad to answer your additional question.

If you were looking for a family partnership or some sort of other close entity, I would have made a different recommendation. When it comes to incorporating for a business such as you've described, here, you can't go wrong with Delaware. Here's why I say so. Title 8, Chapter 1 of the Delaware Code codifies what is called the Delaware General Corporation Law. Since 1899, Delaware law has made it extremely attractive and popular to select that state for incorporation. And it's not by accident, either. This tiny state lacked the natural resources and territory available to some other jurisdictions as a source of revenue generation. Think of oil and gas revenue...Texas, Louisiana, Oklahoma. Think of tourism...California, Florida. Now think of what you associate with making money in Delaware. Not a whole lot, at least for many folks. More specifically, here are just some of the benefits available to you: no personal liability for corporate debts; right to change your own bylaws; highly developed body of pro-corporate case law in case someone tries to impose liability on you; bench trials should you be sued (not leaving your fate in the hands of an unpredictable jury); your corporation would be subject exclusively to Delaware law even while conducting business in other states; you could hold all corporate offices yourself as one person; and a widely recognized reputation as a "hassle free" and highly favorable jurisdiction for corporate tax treatment.

I could probably list more, but those are the "biggies" that readily come to mind.

Kind regards,

Ben, J.D.

LawHelpNow
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Hello Brett,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
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