Register your business in the United States of America

Stage-2: Incorporation of US Company

• Choose a name for your US Company: You need to do extensive search of company names before you can confirm the availability of desired name(s) for your US Company. Each State has its own register of names.

  The proposed name for your US Company is only checked in that State during the incorporation, and therefore your US Company name is only protected in the state where it is incorporated and in any other state(s) in which it is registered to do business.

  You can get assistance from the professionals in our network to conduct a trademark search. Domain name(s) availability is another factor you can consider.

• Choose the structure of your US Company: There are two main types of US business entities: the limited liability company (LLC) and the business corporation (company limited by shares). A non-US resident forming a new US Company needs to understand the differences between the types of US business entities.

  Most Common Types:

  • Corporations
  • Limited Liability Company (LLC)

  Tax Choices:

  CORPORATION

  Default Tax Status:

  • C-CORP

  Optional Tax Status:

  • S-CORP subject to conditions

  LIMITED LIABILITY COMPAY (LLC)

  Default Tax Status:

  • One Member Sole Proprietorship
  • Two-more Members Partnership

  Optional Tax Status:

  • C-CORP
  • S-CORP subject to conditions

  Liability Protection:

  • Limited Liability: Corporations, LLCs
  • Unlimited Liability: Sole Proprietorship, Partnership

  Legal Framework:

  • Corporations: Corporation Law
  • LLC: Limited Liability Company Law
• Choose the State where you want to register your US Company: Each State makes its own laws, specific rules and requirements. You can choose to incorporate in the State where you are going to do the business or you can incorporate in another state where costs are lower. You can register your US Company in any State you prefer.
• Shareholders, Directors and Officers of the Company: You can establish roles and identify the Shareholders, Directors and Officers of your US Company.

  The Directors are elected by the Shareholders. The Board of Directors govern the corporation, set targets/priorities, and appoint the officers.

  Typically, the officers of your company are a president, secretary and treasures – and are responsible for the day-to-day operations of your company.

• Formation of the US Company: You can register your US Company by filing the incorporation documents with the filing office of the State. You/your Agent can submit the necessary forms and pay the required fees.

  The following is a summary of the documents you would need to register a US Company.

  	CORPORATION	LIMITED LIABILITY COMPAY (LLC)
  DUE DILIGENCE	Federal Law prohibits certain nationalities from US assets including US Companies.
  FORMATION	Certificate of Incorporation, Articles of Association	Articles of Formation, Articles of Organisation
  GOVERNANCE	Organisational Minutes and Bylaws, Shareholders Agreement (Optional)	Operating Agreement
  OWNERSHIP	Share Certificate	Member Certificate
  TAX	IRS Form for EIN	IRS Form for EIN

• Post-Formation of the US Company: Here are some of the points you need to consider once you get past the incorporation procedures of your US Company.
  • Register the US Company in other States (as needed): You can register your US Company in other States depending on your business plans & goals.
  • Hold the organisational meetings: You can conduct the first meeting(s) to issue shares to the shareholders, appoint the Directors and Officers and take all other necessary actions.
  • BE-13 Survey: Within a specified number of days after the formation of your US Company, BE-13 Survey Form needs to be files with the US Bureau of Economic Analysis, a division of the US Department of Commerce.
  • Obtain the Federal Employer Identification Number (EIN): You need to obtain a Federal Employer Tax Identification Number by filing the prescribed form with the IRS centre for your district. You will need EIN for opening a bank account, hire employees and to conduct the business.
  • Open your Bank Account: You can open a US Business Banking Account for your US Company. The requirements vary from bank to bank, as the account opening process is highly regulated by local and federal rules. You must be physically present to open a US Business Bank Account, and some banks may not open an account for your company if you are not a US resident.
  • Start your Business: You are all set to start the business now. You can lease or buy office space, hire employees and sell your products/services. Our consultants can assist you in all general and administrative matters –

  (1) Consult with Commercial Brokers for leasing / purchasing office space;

  (2) Talent Acquisition -- Ads for skilled/non-skilled labour; Compliance with local minimum wage regulations; Payroll Services and HR Services;

  (3) Accounting & Bookkeeping activities, where you can avail the services of our Accounting and Finance Experts, including remote Accountants, who can work full- time or part-time for your US Company.

Contact UBCS today to understand how many days it takes to complete the company registration process in the United States? - Let’s TALK