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USA Company Formation - Main Steps to Follow

The United States of America has the largest and appreciated economy in the world, an influential culture, and history, with a gross domestic product per capita which can surpass $18 trillion (as registered for 2016) in just one year. International and local investors have varied business opportunities on the US market and can set up companies in domains like tourism, technology, engineering, finance and many more. First of all, a business form should be accepted once the company is ready to be incorporated in one of the 50 states in America. There are three major entities which can be set up in the USA, such as:

•    limited liability company;
•    corporation;
•    limited partnership.

The business presence can be suitably developed in America once the appropriate form is selected, considering the regulations and the civil law jurisdictions in this matter. In compliance with the legislation related to the company formation in USA, our team of company incorporation specialists in USA can provide business persons the necessary support when drafting the paperwork for a future enterprise and can offer tax advice on request. 


Set up a limited liability company in USA


A preferred form of business in USA is the limited liability company for citizens non-US citizens but also for local businessmen. Delaware, Wyoming, and Nevada are among the business-friendly states in which entrepreneurs can focus on and can establish a limited liability company. It is good to know that there are no restrictions regarding the numbers of the owners of an LLC in USA, the minimum share capital and the nationality of the shareholders. Here are the main requirements for opening a limited liability company in USA:

•    choose and reserve the name of the company:
•    appoint a representative if you want to incorporate the company from abroad;
•    offer information about the company’s owners (name, address);
•    apply for FEIN (Federal Employer Identification Number) with the IRS;
•    open a bank account for your company;
•    provide the Articles of Association;
•    set up a business address for your office.

Please consider that if your home country is part of The Hague Convention, you will need to provide to the authorities an Apostille or a Certificate of Authentification of your company which is necessary for opening a bank account in the country you live, for your company in the USA.

We remind that USA company formation requires lots of attention to the legislation of the state in which the incorporation will take place. In this matter, among many others, our company formation agents in USA can offer complete support and guidance.
 

C Corporations for foreign entrepreneurs in USA


Citizens form overseas interested in starting a business in USA can choose to form a C Corporation which is also known as a regular corporation. Besides opening a LLC in the USA, foreign investors can also consider registering a C Corporation which offers limited liability to the stockholders, managers, and employees. A C Corporation has an unlimited development potential through the sale of shares which can attract investors worldwide. Furthermore, a C Corporation in USA inputs no limits on the shareholders, but if there are, for instance, 500 stockholders and valuable assets of $ 10 million, the C Corporation must be registered with the Securities and Exchange Commission in the USA.
 

Which USA states are preferred for company incorporation?


Delaware, Wyoming, and Nevada are among states with suitable and relaxed regulations for setting up a company in the USA. For instance, Delaware has less restrictive business laws and it is open for all kinds of startups among many others. All companies in Delaware must be registered with the Delaware Department of State Division of Corporations, and please keep in mind that a registered agent with a physical address in Delaware must be hired for your company in the state. The same is available for Wyoming, Nevada or any other state in USA.

Regarding the business environment and the legislation in Wyoming, we mention that incorporating a company in this state comes with no franchise taxes, no need for nominee directors and privacy regarding the stockholders of the enterprise. No matter which of the 50 states in USA you would like to incorporate your business in, our advisors can help in drafting the documents, in tax matters or when applying for special licenses and permits.

For a better and complete understanding of how a local or a foreigner can open a company in USA, we invite you to get in touch with our team of experts in company incorporation in USA who stands at your disposal with information.

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