USA Company Registration Process From India 2021

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Today we will discuss this new article about “USA company registration from India”. Through this article, you will know whether Indian people can register for jobs in America and whether they can open their own business or not along with being a non-resident.

Today we will know all these things through this article. So you stay with us till the end to understand this article completely.

USA Company Registration From India

Every day, a new company venture emerges in the United States, ranging from market behemoths to small-scale businesses.

Registration is the first and most basic step for starting a business. The United States possesses the world’s largest market.

The reason for this is that they have the lowest tax rate in the country. In the United States, forming a corporation is a simple online process.

The good news is that citizenship in the United States is not required.

The United States of America is well-known across the world as a major business center. Every day, foreign people are eager to establish businesses in the United States, ranging from huge corporations to small start-ups.

The most effective approach to expand your business globally is to register in the US marketplace, which is a critical success component for all enterprises worldwide.

The United States of America is the world’s largest and most interconnected market, with the lowest tax rate.

The first step in creating a business in the United States is to complete the company registration process.

There are a few procedures that must be completed in order to register a corporation in the United States. Foreign nationals who want to start a business in the United States have been granted a few exemptions by the US government.

By following a simple procedure, a foreigner can set up or register a corporation as an Inc or an LLC through the internet.

Because of the country’s core technology, infrastructure, and resources, the majority of foreign nationals are willing to start a business in the United States.

Corpseed’s USA Business Registration Services Highlights

USA Company Registration in 19 Days
100% Online Banking
Zero Balance Account
No Opening Fee
No Monthly Fee
Free Checking Account
Savings Account Earning 1%
Free US Tax Consulting
Free ACH Payments
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Domestic And International Wire Transfers $5 and $35 Respectively
FDIC-Insured Banks Withhold Money
All payments except transfers are free.

Get Your Business Registered In The US

Hire an Expert-You may engage an expert to guide you through each stage of the process and help you register your company.

He’ll also provide you with professional legal counsel tailored to your company’s needs.

Do it yourself– You can incorporate it yourself if you believe you understand all of the rules and are prepared to take the risk.

However, you must use extra caution while setting up, since any incorrect filing might result in legal action.

Incorporation through Stripe Atlas-Incorporating your firm with Stripe Atlas is a new and emerging option. Stripe is a payment gateway that enables you to accept worldwide payments, and Stripe Atlas is one of their services that allows you to incorporate your company.

Although their fees for business incorporation may be less than an expert’s, Stripe only creates a C-Corp and only in one state, namely Delaware.

Required Documents

Passport photocopy & Pan card
Address Proof and ID proof documents – Aadhar Card
Signed documents for Incorporation.
Photographs

Two Types of Companies That Indians Can Register in the US.
1. Limited Liability Corporation- LLC
2. C-Corporation
Limited Liability Corporation- LLC
The most adjustable corporate structure is an LLC. It provides you with tax advantages, liability limitations, and legal protection for your own assets.
An LLC can choose whether to be taxed as a company or as an individual. Things that “pass-through” are sometimes referred to as “Pass-through” things.
You can avoid double taxes here if you choose to be taxed as an individual. That is, the business’s revenue is taxed only as of the income of its members, and the corporation pays no tax on it as a distinct entity.
Incorporation income, on the other hand, is taxed twice. In the hands of the corporation first, and later of the individual.
The members’ responsibility is restricted in this situation. However, it is also one of the main reasons why venture investors avoid investing in LLCs. Furthermore, venture investors prefer preferred stock (similar to preference shares) since it guarantees a consistent revenue stream as well as ownership rights, and it can only be issued by a C-corporation.
C-Corporation
In the United States, a C-Corporation, sometimes known as a closed corporation, is a popular company form in which the members’ liability is limited. It has the ability to issue stocks and so has very high growth potential.
A C-compliance Corporation’s method is more thorough than that of an LLC. You’ll have to keep track of your finances and follow other laws and regulations. C-Corporations do not have the option of choosing how they wish to be taxed. It will be taxed only as a company.
As a result, it is subject to double taxation, with the Corporation being taxed first as a different business, and then the dividend is taxed in the hands of the person. However, if you plan to seek funds in the future, you should consider forming a C-corporation since venture capitalists like it.
Preferred stock, which is the most sought-after investment by VCs, may only be issued by C-corporations. Dividends provide a consistent and increased income. In the event of a dissolution, preferred stockholders get paid before common stockholders, which is a significant benefit.
Furthermore, the maximum number of stockholders in a C-corporation is limitless. As a result, if additional funds are required, new shareholders can be added.
As a result, the company you choose is totally dependent on your company’s long-term goals. If you want to develop in the future and want to raise capital over time, a C-Corporation is the way to go.
Also, there is no limit on the number of stockholders that can participate.

Diffrence Between Limited Liability Company And C corporation

Limited Liability Company	C corporation
Members are the owners.	The owners here are the Shareholders
Suitable for small companies with a small number of stockholders.	Appropriate for medium-sized to large enterprises with a large number of stockholders.
Members may choose and manage how the building is constructed.	Shareholders choose directors who guide the company in the right direction.
In an LLC, members are not held accountable.	In a C company, shareholders are not held accountable.
Transferability is proposed, depending on the operating agreement’s limitations.	The stock of shares may be simply moved here.
Outside stakeholders usually choose an LLC since they are primarily designed to function as partners.	C corporations are preferred by foreign investors because they include equities that are divided among the shareholders.

How to Incorporate a LLC in Delaware

Step 1. Select a name for your LLC

Choosing a name for your firm is the first step in registering your business.

You must first choose a good name for your business and then check to see if it has already been taken or is still available. If it’s already taken, you’ll need to come up with a new name that’s unique and appropriate for your business.

However, if you’re lucky and the name you like isn’t already used, you should reserve it right away for a cost of $75. You can see if the name is available here. Also, register your business name here.

Step 2. Appoint a registered agent

After you’ve decided on a name for your LLC, you’ll need to choose a registered agent. A registered agent is a person or a company that is allowed to collect legal documents on your behalf.

A physical address in Delaware is required for the registered agent. If you are physically situated in Delaware, you can even be your own registered agent. You can select a registered agent from this list.

Step 3. File a certificate of formation

Now that you’ve chosen a registered agent, you’ll need to complete the Certificate of Limited Liability Formation form. The form can be mailed or faxed.

The following information must be entered into the form:

1. The name of the LLC.
2. The name and address of the registered agent you’ve chosen.
It’s important to know that you don’t need a physical address in the United States to register in Delaware. Your registered agent’s address in Delaware is sufficient.

The cost of submitting is $90. The application procedure takes between 7 and 14 days.

Step 4. Prepare an operating agreement

An operating agreement is a legal document that establishes your company’s financial structure and outlines your relationship with your co-owners.

Making an operating agreement is not required, but it is strongly recommended.

If no operating agreement is in place, the state’s default operating regulations will apply. As a result, it is recommended that you develop an operating agreement so that if a disagreement arises, the courts will uphold your agreement above the default state norms.

Some key points that should be included in the operating agreement are:

The proportion of LLC ownership held by members
Members’ rights and duties
Members’ voting privileges
The basis for allocating LLC earnings and losses
LLC administration
What happens if a member wishes to sell his or her share in the company
What happens if a member dies or becomes disable

These are just a few of the provisions to think about while drafting an operating agreement. Aside from that, based on your company’s needs, you might include other conditions.

Step 5. Fulfill Tax and Regulatory requirements

After you’ve received your Certificate of Incorporation, you’ll need to follow the tax rules. You must apply for the following in order to comply with tax laws:

1. EIN- Employee Identification Numbe- Even if the LLC has no workers at the time of creation, you must file for an EIN if there are more than one member.

If you are the only member of your LLC, you can choose to tax it as a sole proprietorship or an individual. However, this only applies if you will not be employing any workers.

2. Business License– If your business requires a special permit or licence to operate, you must get such permit or licence in order to continue doing business.

3. Annual report– Filing yearly returns is not required in Delaware.

Step 6. Pay mandatory State Tax

Alternative Entity Tax is a $300 yearly tax imposed by the state of Delaware. Every year on June 1st, it is due and payable to the Delaware Division of Corporation Franchise Tax section.

Incorporating a C-Corporation in Delaware

Step 1. Select a name for your C-Corporation

The first step is to come up with a unique name for your business. It should not be confusingly similar to the names of other businesses. You may look up the name in the Secretary of State’s database to see whether it’s available.

Once you’ve decided on a name for your business, you may reserve it for 120 days for $75. You can also avoid reserving a name because your business will be immediately registered when you register it.

Step 2. Appoint a registered agent

Every filing requires the appointment of a registered agent, who is allowed to sign legal documents on your behalf. For the same, they generally demand a minimum yearly fee.

A list of registered agents may be found here. If you are physically present in Delaware, you can also serve as your own registered agent.

Step 3. File the certificate of Incorporation

This is the most important stage, in which you must file your certificate of incorporation with the state.

Here you must fill out the incorporation form, which includes the following information:

Name and address of the company
The reason for the company’s creation
Registered agent’s name and address
Mention capital that has been authorised.
The promoters’ names and addresses

The incorporation form may be found at https://corp.delaware.gov/corpformscorp09.shtml.

It’s important to remember that the registered agent’s address is not the same as your company’s address. As a result, you’ll need a real address in the United States to register as your address.

Virtual offices in the United States give you with an address where you may receive all of your mail as well as a local phone number in the United States.

The following are some of the virtual offices:

The filing price is $89, and it is only possible to file by mail or fax. The option to file it online is currently unavailable. As a result, you can have your registered agent submit it for you.

Step 4. Comply with Tax and Other Regulatory Requirement

For compliance purposes, there are several extra criteria that must be satisfied.

1. EIN: Employer Identification number- Obtaining an EIN number is required for tax compliance purposes. There are no filing fees associated with this. You may apply for an EIN number here.

Once you’ve completed all of the regulatory requirements, you’ll have a Delaware corporation and be able to start your business as a U.S. corporation.

2. File annual reports- Every year, by March 1st, you must file the company’s annual reports. The filing cost for returns is $50. You may submit your tax returns here. Non-filing of returns carries a $100 penalty.

Incorporate a LLC in Nevada

Step 1. Select a name for your LLC

The first step in forming an LLC is to pick a name for it. It should be a unique name that isn’t currently being used by another company.

Once you’ve decided on a name, look it up in the Nevada Secretary of State’s company name database to see whether it’s available. When you’ve chosen a unique name, fill out a Name Reservation Request Form to reserve it for 90 days.

The application can be submitted either online or by mail using the Secretary of State’s web-based company filing system. A filing fee of $25 is required.

Step 2. Appoint a Registered Agent

After you’ve decided on a name for your LLC, you’ll need to choose a Registered Agent. A registered agent can be either an individual or a business organisation based in Nevada.

The agent represents you and is allowed to accept your LLC’s legal documents on your behalf. You can select a registered agent from the list.

Step 3. File Articles of Organization

The Articles of Organization Limited Liability Company must then be filed with the Nevada Secretary of State. It must include the following information:

The LLC’s name
The address of the LLC
The name of the registered agent
The address of the registered agent
The registered agent’s signature
The date on which the LLC will be dissolved (if any)
Each member’s name and address

It’s important to remember that the registered agent’s address is not the same as your company’s address.

As a result, you’ll need a real address in the United States to register as your address.

Virtual offices in the United States give you with an address where you may receive all of your mail as well as a local phone number in the United States.

The following are some of the virtual offices:

The Secretary of State’s company filing online or the mail are also options for filing the Article of Organization. The filing cost is $75.

Step 4. Prepare an Operating Agreement

The filing of an operating agreement with the state is not required. Although it is not required, it is recommended that you do so because in the event of a disagreement, the courts will favour your operating agreement above the State’s default regulations.

In the lack of an LLC’s own operating agreement, the state’s rules apply.

Some essential things that should be mentioned in the operating agreement are:

The percentage of LLC ownership held by members
Members’ rights and duties
Members’ voting powers
The basis for allocating LLC earnings and losses
LLC administration
What happens if a member wishes to sell his or her share in the company
What happens if a member dies or becomes disabled

These are some of the things that should be mentioned, but you can add other clauses based on your company’s needs.

Step 5. Comply with Tax and Regulatory Requirement

Once your firm is up and running, you must meet with the state’s tax laws, for which you must apply for the following:

1. EIN- Employee Identification Number- Even if the LLC has no workers at the time of creation, you must file for an EIN if there are more than one member.

If you are the only member of your LLC, you can choose to tax it as a sole proprietorship or an individual. However, this only applies if you will not be employing any workers.

There is no charge for submitting an application.

2. Business License- You must obtain a business licence in order to operate, since every firm in Nevada is required to obtain a state business licence.

This licence must be renewed every year. The licencing price, as well as the annual renewal charge, is $200.

3. Department of Taxation- You must register with the Nevada Department of Taxation (DOT) and the Nevada Employment Security Division if you have workers.

Step 6. File Annual Reports

Every Nevada LLC is required to produce an annual report. The next step is to determine if your company is required to produce yearly reports.

The first annual report must be filed by the last day of the month after the filing of the LLC’s articles of formation.

After your LLC has been in operation for 12 months, you will be required to provide yearly lists by the last day of the month. If you formed your LLC in June, for example, you must submit your annual list by June 30th.

Incorporate a C-corporation in Nevada

Step 1. Select a Name for Your Company

You’ll need to come up with a distinctive name for your business. There should be no resemblance to the name of any other firm.

In the business name database, you may look for the availability of your company’s name.

Once you’ve decided on a name for your business, you may reserve it for a charge of $25 for 90 days. This is where you submit your reservation request.

You can simply avoid reserving the name because it will be reserved immediately when you incorporate.

Step 2: Appoint a Registered Agent

The next step is to choose a registered agent who will be able to receive legal documents on your behalf.
The appointment of a registered agent is required. A list of registered agents is available here.
You can be your own registered agent if you are physically situated in Nevada.

Step 3. File Articles of Incorporation

This is the most important stage in the incorporation process. The articles of incorporation must be filed with the Nevada Secretary of State. The following information must be entered into the form:

Name and address of the company
The registered agent’s signature
Registered agent’s name and address
Mention capital that has been authorised.
The promoters’ names and addresses
Directors’ names and addresses
The incorporation form may be found here.

Virtual offices in the United States give you with an address where you may receive all of your mail as well as a local phone number in the United States.

The following are some of the virtual offices:

The filing fee is determined by the company’s authorised capital, and it may be submitted online here. You can also have it filed for you by your registered agent.

Step 4: File the List of Officers in your company

Within one month after incorporation, you must file the first list of officers, which must include the following information:

A list of your company’s officers
Director’s List
Agent du register
Application for a state business license
After your incorporation, you will get this form at your registered address.

The filing fees are $125.
Every year, you must file the List of Officers. A list of officers is a form that may be found here.

Step 5: Other Tax and regulatory requirements

Other tax and regulatory requirements that apply to all businesses must be met.

1. EIN: Employer Identification number- Obtaining an EIN number is required for tax compliance purposes. There are no filing fees associated with this.

You may apply for an EIN number here.

Once you’ve completed all of the regulatory requirements, you’ll have a Delaware corporation and be able to start your business as a U.S. corporation.

2. Business License- If your firm is conducting activity that requires a permission or licence, you may be required to get a business licence, depending on the type of operation.

Other Legal Compliances for C-Corp applicable for all states

The following are some general regulatory requirements that all C-corporations must meet.

1. Maintainance of Corporate Records Book

Maintain a corporate record book at your main office.

It should contain all of your company’s important documents, such as:

Minutes of the Board of Directors’ Meeting
Minutes of the Annual Meeting of Shareholders
Certificates of stock

You may also save all of your company’s other critical documents with these.

2. Prepare Corporate Bylaws

Your company’s internal document that lays out the regulations of operation is known as the corporate bylaws.

It is not required to be filed with the state, although it is encouraged.

Establishes the operating procedures for your company.
Establishes your company’s validity in the eyes of outsiders.

It confirms that your company is legitimate and not a fake.

3. Appoint the first directors of the company

The promoters must select the firm’s initial directors, who will be in charge of managing the company.

They will serve on the board until the first annual meeting of shareholders.

You’ll need to write an Incorporation’s Statement in which you’ll provide the directors’ names. It is not required to be submitted with the state, but it should be preserved in the company’s record book at the main office.

4. Hold your first Board of Directors’ meeting

Hold your first Board of Directors meeting once your firm has been incorporated.

You may make an appointment here.

Corporate officers
Adopt Bylaws
Select a Corporate Bank
Authorize issuance of stock
Adopt an official stock issuance form
Set the corporation’s fiscal year
Adopt a company seal

And anything else that is important to your business. The meeting’s minutes should be written down and signed by all of the directors.

Tax Complains

In the United States, there are two sorts of taxes.

Federal Tax
Franchise Tax

The federal tax is the amount of money you pay to the government at the end of the year based on your income.
The franchise tax varies by state and is dependent on the sale of your business. It is excluded in some states, such as Nevada if you are selling within the state. Services are free from franchise tax in Delaware.

Advantages of USA Business LLC incorporation

From a customs and tax perspective, doing business and selling in the United States is simple.
Delaware Incorporations are popular among professional investors like accelerators, angel investors, and venture capitalists.
Potential Tax Benefits as a Result of the Tax-Friendly State
Benefit Points on a Visa Application for a Business Visa
Branding in the United States that Improves Business Reputation

I hope you enjoyed and learned a lot from this article. If you have any questions about this post, please leave a comment. I, Darshan Raval, would want to express my sincere gratitude for taking the time to read this article about. I hope you learned a lot from this.

Why should I incorporate it into the USA?

How long Does Incorporation take in the USA?

Processing time frames will vary in each state, depending on the amount of work they have on their hands. In many situations, foreign citizens will have to wait at least 30 days for an EIN.

How many persons are required to start US company registration?

Only one person is needed to open a company either LLC or Corp (Inc) in the USA

What fees will be charged to my bank account?

There is no minimum deposit is required to open a bank account with Silicon Valley Bank.

Who is a registered agent?

All Delaware LLCs and Corporations must have a registered agent in the state of Delaware who is responsible for receiving and processing all official mail on the company’s behalf.