How to register a US company from outside the US

How to register a US company.

The United States of America has always been one of the best places in the world to start a business from home. In the United States, foreigners can own a stake in the business world. You are ready to go as long as you satisfy some state and federal requirements. Do you want to register your business in the United States but are unsure how to do so? A straightforward guide to registering a business in the United States is provided.

1. Determination Stage to register a US company

In this stage, you determine exactly what you want to do, where and how you want to do it, how much it will cost, and whether you can afford it. A few of the things that must be determined in this stage are;

• You must choose a location for your business. Choosing a location for your business is probably the most important decision you will ever make, and changing your mind is expensive. There are distinct tax schedules and business regulations in each of the 50 United States. You should pick a location that meets your company’s goals at the lowest possible cost.
• Your requirement to safeguard your intellectual property. USA Corp is able to recommend vetted and competent IP attorneys who specialize in trademarks, logos, and other areas of intellectual property relevant to your business.
• Additionally, you must determine whether any additional licenses are required.
• You must determine whether you require visas or other forms of immigration. A valid work visa is required if you intend to manage your business from within the United States.
• You must determine the company’s staffing requirements. For instance, how many company officers do you intend to bring to the US for whom visas are required? Will employees be hired in the United States? Do you intend to recruit employees from abroad? etc.
• Additionally, you must determine whether you require access to US capital markets. Although USA Corporate Services does not offer these services, prior to expanding your business in the United States, you should carefully consider financing.
• Additionally, you must determine your requirements for supply chain, marketing, and other support services.

2. Planning Stage for registering a US company

You will make practical decisions at this stage. The steps to be taken in this stage to register a US company are;

• The business’s name. You need to be sure your business name is not already taken by another company in the US. Before incorporating, a thorough legal search is required. Additionally, if you have a tagline or name, you will need to search for trademarks to avoid being sued for theft.
• Choose whether to operate as a limited liability company or a corporation. Understanding the various types of US business entities is essential for a non-resident forming a new business. State law is always used to form business entities, not federal law. Each state maintains its own name register. The proposed company name is only checked in that state when starting a new business. As a result, a business name is only protected in the state in which it is registered to conduct business and the state in which it is incorporated.
• The next step is selecting a state to incorporate your business in after you have selected your location. You can incorporate it in the state where your business is located or in a different state. It is less expensive to incorporate in the same state as your business. Although incorporation in a different state will always cost more, there may be advantages. In the state where your business is located, you are not required to incorporate it; you can incorporate it in any state of your choosing.
• Also, determine the company’s capitalization. How many shares each shareholder will own at the par value and how much each shareholder will invest in the business?
• Determine the officers’ and directors’ roles and responsibilities. It is advisable to provide the board with Directors’ and Officers’ insurance if you intend to have a large number of shareholders. This safeguards the board in the event that shareholders file a lawsuit.
• Find out who the shareholders, officers, and directors will be. Do you already have these responsibilities? If not, when, who, and how will you select?

3. Actionable steps to register a US company

The Action Stage ought to go fairly quickly and smoothly. In this stage, the steps to take to register a US company are as follows:

• Hire a registered agent. If you want to start an LLC, a corporation, a partnership, or a nonprofit corporation, your company needs to have a registered agent in the state. The state in which your business is registered is required you to have a registered agent. The registered agent of an LLC or corporation is the entity’s official state contact for official state communications, service of process, and other legal documents.
• File your US corporation or LLC. After selecting your preferred registered agent, you will submit your company’s documents to the state. You will need to submit various documents to the state, depending on the company structure you are registering for. Typically, you must file either “Articles of Organization or Certificate of Formation for Limited Liability Companies (LLCs)” or “Articles of Incorporation or Certificate of Incorporation for Corporations”.
• After the company is filed, you will typically need to prepare some documents that explain how the business will be run or governed. When forming an LLC or corporation, some states require these documents, while others do not. Bylaws for corporations and Operating Agreements for LLCs are typically prepared by you.
• The next step is to apply for an employer identification number (EIN) for your business once you have completed the company’s filing and received the documents from the state via mail. It is issued by the Internal Revenue Service (IRS) of the United States. The number serves as an LLC-specific tax identification number. Applying for a bank account, a merchant account for processing payments, a loan, or a Shopify or Amazon FBA Seller Central account, to name a few, all require the EIN. As a result, this is the most crucial next step you need to complete before you can use your US business effectively.
• After that, acquire a physical or virtual US mailing address. You can overcome this obstacle by renting virtual mailbox services, where they will receive and scan mail on your behalf if you do not intend to rent a physical office space. Before renting the address, double-check to see if it has been flagged as an address used by commercial mail-receiving agencies to ensure that your chances of success are maximized.
• What next? Get a bank account in the US. Before opening an account for you, US banks must be familiar with their customers in accordance with AML and KYC regulations. You will be able to open a bank account in the United States on the spot at the branch if you are able to travel there. A few online banks may remotely open your bank account if you are unable to visit the US. However, the procedure will remain unchanged, and these banks’ Know-Your-Customer policies can sometimes be even more complicated than those of conventional banks.

Conclusion

Depending on their work backlog, processing times will vary by state. In most cases, foreign citizens will have to wait at least 30 days to get an EIN. If the directors or owners are non-citizens and you need a Tax ID, you must apply to a separate IRS unit. Check to see that you are adhering to all local, regional, state, and federal regulations. Consult a licensed US business attorney in the state where your company is located.

Link: https://www.usa-corporate.com/start-us-company-non-resident/