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Company Registration in the USA for non-resident Indians

  • January 17, 2023
  • Registrationwala
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Every off-shore Company Registration applicant in the USA must go through the following procedure to register as a Limited Liability Company in the US Corporate Federal structure. We have elaborated on every step of the incorporation procedure for you. Let us see them one by one in detail.

 

Reserve a trading name for the Company

It is the most primal step towards Company Formation in the USA. The USA Company registration applicant must decide the name of its proposed Corporation. Following are some of the directives on the nomenclature of the Company:

  • Chosen name must be unprecedently unique. It must not be similar to any pre-existing company name.
  • After choosing a name, register your name as an IPR with the USPTO as per the available repository. Such an action will ensure the effective registration of the proposed Corporation
  • The Applicant must conduct a Name Search on the chosen name as US laws are strict regarding the IPR protection of a registered Corporation

 

Choose the appropriate corporate structure for the proposed Business

The Applicant's promoters must choose a corporate structure for the Incorporation. The Applicant must decide the chosen structure on the following parameters:

  • Target Audience
  • Commercial Activities to be undertaken
  • Taxation Structure of the business entity in the chosen State's jurisdiction
  • The Applicant's promoters must decide which business structure would most suitably achieve their objectives through their proposed business activities.   

 

File the Company Registration application with the Authority

The Applicant must file for the Certificate of Incorporation with the Secretary of the respective State of the USA. The aspired certificate contains important information related to the applicant company, such as:

  • Trade name of the Company
  • Objective of the Company
  • Commercial Activities undertaken by the proposed Company
  • Chosen Official Address of the Corporation's Registered Office/ Headquarters
  • Capital and Fee Structure of the proposed Corporation

 

Appoint a Registered Agent for the Company

A registered agent is a person or an entity appointed to handle full responsibility for handling communication and other related inquiries on behalf of the Company. They are appointed as per the State of Incorporation.

Non-Resident Incorporation must appoint a registered agent in such regard. He must be available during working hours. Such entities are also reliable for receiving and signing documents and attending to queries on behalf of the Applicant's Business.

 

Prepare the requisite by-laws for the newly registered Firm

The US Authority mandates the Corporation to prepare its By-Laws. It must act as the internal rules of the memos for operations for the internal functioning of the proposed Business.

 

Appoint the first Directors for the new Corporation

Every newly registered Company must appoint the first directors for itself. They must accordingly hold the First Board Meeting for the Corporation. The appointed directors will remain in their position till the conclusion of the FAM, i.e., the First Annual Meeting of its shareholders. The first directors can or cannot continue with their directorship after the lapse of the period.

After the Appointment, the Applicant's Business must issue the stocks to every shareholder who invested in the Business.

 

Obtain the business permits essential for embarking on Company operations

As per its business structure, the newly incorporated Company must obtain the required licenses to carry out its business activities in the chosen US state. The required licenses must be acquired in time, failing which can invite the imposition of heavy penalties from the State Authorities.  

To know more about "How to Register a Company in the USA from India?", connect with the Incorporation Experts at Registrationwala.

 


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