Company Registration Procedure in the USA

  • January 25, 2023
  • Dushyant Sharma
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The USA, the Land of Opportunities and the most technologically advanced nation on the planet, offers tonnes of Business Opportunities to budding Entrepreneurs. Homeland to the largest Multinational Corporations in the world, US Corporate Legislature is built on a business-friendly economy and polity. Therefore, the North American Nation is a boon for its habitants who wants to make big in life. But this offer of the US Corporate Laws is not limited only to US Nationals. Foreign Companies and Organizations can also opt for Business Registration services in the USA. The US Corporate Authority permits Foreign Entities and Nationals to establish their Business in the United States.

This article will detail the Company Registration procedure that every Applicant must undergo to register as a Corporation or a Limited Liability Company in the United States of America. Let us go through the procedural steps one by one.


Choose & Reserve a Trade Name for the Company

the Company registration applicant must first decide the name of its prospective Corporation to register it in the USA. We have enlisted some of the guidelines for choosing your Company Name in the following points:

  • A Company name must be unique
  • A Company name must be dissimilar to any pre-existing company in the States

After choosing the name, register your IPR as per the available repository at USPTO, ensuring the effective registration of the proposed Company. The Company Name Search in the US requires dedicated to research as laws in the US are strict regarding the Intellectual Property Rights protection of an Entity.


Choose the appropriate Business Structure for Registry

The applicant promoter must choose an appropriate business structure for its proposed Incorporation. You can decide the business structure on the following parameters:

  • Target Audience
  • Commercial Activities of the Business
  • Taxation Structure in the chosen State's jurisdiction

Also, the Promoters must decide which business structure would most suitably achieve their objectives per their proposed business activities.   


File the Certification Application for Company's Incorporation

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 your Firm

The Company must appoint a registered agent for the Firm. Here Registered Agent is a person/entity appointed to handle communication and other related inquiries on behalf of the Company. Some of the eligibilities of a Registered Agent are as follows:

  • He must be appointed as per the regulations of the Incorporation State
  • Non-Resident Incorporation must also appoint a Registered Agen
  • Agent must be available during peek working hour
  • He must be reliable in receiving as well as signing documents
  • He must attend to queries on behalf of the Company


Prepare the requisite By-Laws for the Company

The US Authority mandates every new Corporation to prepare its By-Laws in a prescribed manner. The By-Laws must act as Internal Rules of the Memos for Operations for The Company's Internal Functioning.


Appoint the First Directors of the proposed Company

Every Applicant Company must appoint its first directors during Incorporation. It must hold the First Board Meeting for the Corporation. Here, the appointed directors will remain in their position until their shareholder's First Annual Meeting concludes. The first directors may or may not continue their directorship after the time-lapse. After the appointment, the Company must issue its stocks to every shareholder who made an investment in it.


Obtain the requisite permits for running Business Operations in the USA

As per its business structure, the Company must obtain the requisite licenses to carry out its business activities in the chosen US state. The licenses must be acquired in time. Failure to procure the licenses can invite the imposition of heavy penalties from the Authorities. 


Want to know more?.... Registrationwala tells more

Many entrepreneurs keen on setting up a company in the USA are offered various benefits, such as credibility in the international market and taxation benefits. However, one must conform to the incorporation standards for Business Registration in the USA. We advice you to seek Legal Assistance for the Company Incorporation. Here comes the Registrationwala to your rescue. We provide Business Incorporation Services to set up their brand in the US. Let us see how.


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Dushyant Sharma
Author: Dushyant Sharma

Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.

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