Is it possible (or legal) for a set of foreign people (outside the country, no citizens) to create a delaware company? Would that work at all, what with banking and all? Anyone know?
Possible, trivial with the right bank, tens of millions of foreign individuals and corporations hold US companies and bank accounts. I used to set them up routinely for incubated companies at my workplace. Only sticking point is passing Know Your Customer regulations at the bank, which is not difficult at banks which routinely transact internationally. Our Citibank would accept a faxed copy of their passport plus basically any confirmation of existence of their corporate structure. (Including "We exist, thanks." on letterhead.)
Yes. There are no restrictions on Delaware incorporation. Anyone can do it. BUT...you would need an in-Delaware agent for service of process (basically, to receive legal documents and notifications).
Of course, international-based companies don't usually incorporate in Delaware because that would subject them to US federal income (and other) taxes, in addition to the taxes of their home country, on their full income, rather than just the income derived from their US operations. This is why multi-national corporations have separate subsidiaries in each country.
