It is essential to understand how to form a company in the USA as a non-citizen, foreigner or US citizen that lives outside the country.
Have in mind that as soon as you incorporate your business in the United States, you will be able to increase your business’s credibility and gain access to US investors and market.
It does not matter if you are located outside the United States, or you wish to form in the US because by checking the process through Delaware Agency, you will be able to do it with ease.
On the other hand, if you wish to do it yourself, have in mind that you have to understand the laws and how regulations function so that you can protect yourself along the way.
You should stay with us to learn the steps you have to take:
- Choose The Type Of Business Entity: LLC or Corporation
The first step you have to make when it comes to the business formation is determining which type of business you wish to open. In case those owners of the company are not the US citizens, you will have the option of forming LLC or Corporation.
There is no restriction on some owners, whether individuals or other companies own the business or where the owners are from.
However, you have to think about your home country and regulations, because according to the law you may have restrictions on which type of company can operate in the state you wish to register your business.
That is the main reason why you should consult with local laws and contact an attorney that has knowledge and understanding on the situation as well as US laws so that you can ensure all local requirements you may need to pursue the goal you wanted in the first place.
If you wish to understand what is Limited Liability Company or LLC, you should click here for more information.
- Choose A State Where You Wish To Form LLC or Corporation
For instance, in the United States, you will be able to form LLC or Corporation in any state that you can think of and the one you will choose depends on why you are forming it in the first place.
Some US states are more international-friendly and business-friendly than others, especially Wyoming, Nevada and Delaware are.
For instance, if you wish to open the US Company because you will need a bank account or merchant account, and you will not need a physical presence and US branch, you can choose Wyoming because it features lowest annual state fees.
At the same time, Wyoming, Nevada and Delaware banks are more interested and familiar with dealing with international clients that do not feature local office, which will make the primary bank account much more straightforward than in other states.
On the other hand, if you wish to open the US branch with a physical office, you will need to choose a state where you can easily do it.
Have in mind that if you decide that your office will operate in Florida, you will have to form a company in another state such as Delaware, you will have to re-register.
This particular process is known as foreign qualification, which means that you are qualifying the ability to open a business and expand it further.
The third possibility is to form a business that will allow you to obtain US venture capital or investments; you should consider the entity, which is required by the vast majority of venture capitalists and US investors.
Check this link: https://en.wikipedia.org/wiki/Foreign_corporation to learn more on foreign qualification.
- Requirements To Form A Company In The USA
- Company Name – The idea is to find the unique name that is not available and used by other businesses.
- Registered Agent – This is a company or person that features physical address in the state where you wish to form a business, and he/she has to be available during business hours as well as sign and accept official state and legal documents. Most agencies will provide you the ability to get Registered Agent so that you can enjoy in the peace of mind.
- Federal Employer Identification Number – FEIN, or as other people call it Tax ID Number is vital because the United States Internal Revenue Service will issue you the number so that you can get identification. As soon as you get the number, you will be able to open a bank account and everything along the way.