COMPANY REGISTRATION IN USA

a. BASIC ELIGIBILITY:

b. For LLC:

• Foreign nationals can be the sole member or have multiple members.
• No restrictions on foreign ownership.
• No need to visit the U.S. for registration.

b. For C-Corporation:

• Ideal for startups planning to raise capital.
• Foreigners can be shareholders and directors.
• No citizenship/residency requirement.

For S-Corporation:

• Not available to non-resident aliens.
• Shareholders must be U.S. citizens or permanent residents.

1. LLC
2. C-CORP
3. S-CORP
4. SOLE PROPRIETORSHIP
5. NON-PROFIT ORGANIZATION

• Choose the Business Structure: You must decide the type of business entity to register: LLC, S-CORP, C-CORP, Sole Proprietorship or NPO.
• Select the State of Incorporation:Each U.S. state has its own rules and fees. Popular states include: Delaware, Wyoming, Nevada, California, etc.
• Choose a Unique Company Name:The name must be unique in the chosen state and it should comply with state naming rules, also Check name availability via the Secretary of State website.
• Appoint a Registered Agent:A Registered Agent is required in the state of incorporation and must have a physical U.S. address.
• Obtain an EIN:Required for opening a U.S. bank account, hiring employees, and paying taxes.

1. Passport Copy (for Foreign Nationals): A valid passport (identity proof of each founder or director) and notarized copy may be required by banks or registered agents.

2. Proof of Address: Recent utility bill, driver’s license, or bank statement not older than 3 months.

3. Proposed Business Name: At least 1–3 name choices. It must be unique in the selected state and comply with naming rules.

4. Articles of Organization / Incorporation: Filed with the Secretary of State. Includes: Company name, Business purpose, Registered Agent details, Company address and names of members/directors.

Operating Agreement / Bylaws:

• Operating Agreement (for LLCs): outlines roles, ownership, profit sharing, etc.
• Bylaws (for Corporations): internal rules, structure, meetings, director duties.

6. Registered Agent Consent: Agreement showing that the Registered Agent accepts responsibility for receiving official documents

7. EIN: Form SS-4 filed with the IRS to obtain an EIN.

8. U.S. Business Address: Physical or virtual address within the U.S.

9. Banking Resolution (for Corporations): Authorizes designated persons to open and manage a corporate bank account.

• STEP 1 Choose the Right Business Structure: Select a legal entity based on your goals, taxation, and liability preferences (LLC, C-CORP, S-CORP, etc.)
• STEP 2 Choose the State of Incorporation: Popular states include: Delaware, Wyoming, Nevada or California.
• STEP 3 Pick a Unique Company Name: Must be unique in the selected state that Include suffixes like LLC, Inc., etc. as required, Verify name availability via the state’s Secretary of State website
• STEP 4 Appoint a Registered Agent: Required in the state of registration, must have a physical U.S. address, can be an individual or a registered agent service provider, Responsible for receiving legal and government documents.
• STEP 5 File Formation Documents with the State: For LLC – Articles of Organization; For Corporation – Article of Incorporation.
• STEP 6 Create Internal Governing Documents: For LLC – prepare Operating Agreement; For Corporation - prepare Corporate Bylaws, defines ownership, profit-sharing, decision-making rules.
• STEP 7 Apply for EIN:Issued by the IRS (free of cost), required to: open a bank account, file taxes and hire employees.
• STEP 8 Open a U.S. Business Bank Account: Requires EIN, formation documents, passport, and address proof
• STEP 9 Register for State Taxes or Licenses:Sales tax, employment tax, or professional licenses might be needed
• STEP 10 Stay Compliant with Ongoing Requirements: Annual Report Filing, Franchise Tax, Federal and State Tax Returns and maintain proper accounting and legal documents

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