How to get Company Registration in USA as a Non-Resident?

As a non-resident looking to set up a US company, you have even more steps to go through than a US resident, and more downside if you make a mistake. For example, there are more income tax issues for non-residents who want to take their income out of the US. Obtaining an appropriate US work visa and opening a bank account are also problems. Each of these topics is very complicated. In short, you not only have to create a workable business model, but further have to make it work within the US tax, legal and economic framework.

This page details everything you need to know about a company registration in USA as a foreigner, non-citizen or US citizen that lives outside the country. Incorporating in the United States can increase your company’s credibility, gain access to the US market and investors (the world’s largest source of each).

If you are located outside the United States and wish to form a company in the US (either to open a US bank account and/or merchant account, open a physical US branch or any other reason), then we’ve created this step-by-step resource to explain the process, show you exactly what you need and how we can help you. Note that “Incorporate” means to form a “Corporation” and “Form an LLC” means to form a “Limited Liability Company” (LLC) which is further explained below.

To create a Corporation in the United States, we will file documents called “Articles of Incorporation” or “Certificate of Incorporation. The LLC version of these documents is called “Articles of Organization” or “Certificate of Organization” (these documents may have different names depending on which state you choose). Also, the word “entity” is used to describe a business that is not an individual and can apply either to a Corporation or an LLC.

The steps outlined below describe the critical steps that must be addressed before a business can be launched.

What type of company is being set up?

·         C-Corporation, S Corporation, Versus LLC Tax Comparison. (“S” corporation status is not available to non-US residents)

·         In which state you want to incorporate company

·         Where in the US the company will conduct business

·         The type and activity of the business, and its need for licenses, registrations, permits etc.

·         The staffing needs, which in turn influence the need for physical location and size of facilities

Step 1: Determination of Stage

Step 1, determine what exactly you want to do, where and how you want to do it, how much it will cost and whether or not you have the budget. From this step, you can then develop a plan of action, so you need to determine:

Step 2: What is the Planning of Stage?

In the Company Planning Stage you will determine such practical matters as:

·         The name of the company

·         Whether to be a corporation or a limited liability company

·         Which state to incorporate in and which states to register in

·         Determine the capitalization of the company (how many shares at what par value, and how much each shareholder will contribute to the company as their capital contribution

·         Determine who will be the shareholders, officers and directors

    Determine the roles and responsibilities of the company’s officers and directors