Guidance for Indian Entrepreneurs to Register a Company in the USA

  • January 16, 2023
  • Dushyant Sharma
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In order to broaden their product and service frontiers into other emerging regions like the United States, Europe, and South America, many Indian investors and commercial enterprises frequently are keen to start a company in the United States of America. Establishing a company in the US provides various benefits, such as more credibility on the international market, the capacity to attract angel investors, and tax advantages, among others.

Any Indian or foreign person can setup a C-Corporation (company) or LLC (Limited Liability Company) in the United States (similar to an LLP). An S-Corporation is a different type of business entity, all of whose members must be US residents. A US corporation or LLC company registration in USA is permitted to have as many shareholders as it pleases, regardless of the shareholders' nationality, kind, or number of shareholders.

If you are looking to register company in USA, there are certain thing you may need to know. So, in this post, you will get to know about everything about company registration in USA.


Choosing The Business Type

Any Indian or foreign national may establish a C-Corporation (company) or LLC (Limited Liability Company) in the United States (similar to an LLP). An S-Corporation is a different type of business entity, all of whose members must be US residents. A US corporation or LLC is permitted to have as many shareholders as it pleases, regardless of the shareholders' nationality, kind, or number of shareholders.

  • Important factors for Indian business owners to take into account while setting a corporation or limited liability company (LLC) formation in the US 
  • Before starting a business in the USA, Indian entrepreneurs must decide on an entity.
  • Whether the company is founded in the United States or India, the main activities will be there.
  • Whether the company is a subsidiary of an Indian corporation but conducts all of its activities in the United States.

A businessman can select between an LLC or a C-Corporation in the first two cases. Both organisations offer your company a number of advantages. You may develop your reputation and professionalism by starting a business. Additionally, it provides a minimal degree of liability insurance.


Picking up a state

In each state in the US, you can establish a corporation or a limited liability business (LLC). American states vary in how "business-friendly" or "international-friendly" they are. When dealing with overseas clients who don't have a local office, banks in these states have more experience than banks in other states. This will make opening a bank account much simpler. Additionally, after establishing your firm in certain states, you may use an international certification programme to operate from other US states.


What is the way of company formation in US?

The real registration procedure for a U.S. corporation include submitting a few applications to several government agencies and creating a few internal company papers. A good agent makes it simpler for businessmen to complete this step of the plan by offering full service company registration in the USA at a very reasonable price.

Prior to filing for incorporation, you must make two decisions: which state you want your business to be registered in and what kind of legal organisation your business will be structured as (typically a choice between a corporation and an LLC – Limited Liability Company).


How To Register A Business in the US?

1. Choose A Certified Agent

Choosing a "Registered Agent" is the first step in starting a business in the US. This person must reside in the state where the firm will be incorporated, be accessible during business hours, and be able to accept and sign official legal and state paperwork on the company's behalf. You and the US government communicate through the Registered Agent. If necessary, they will transmit papers that can't be scanned or need a physical signature via international mail. They will take documents, scan them, and email them to you.

2. Decide A Business Name

Similar to India, the Registered Agent will see if the name is available in the state you've selected.

3. Furnish Details of Directors and Members

A passport, address proof, and ID evidence are required, as well as information on the prospective company, directors, LLCs, and members. After the completion of the necessary documentation and form filings, your company or LLC may be incorporated in 1-2 days.

4. Get FEIN

The Internal Revenue Service (IRS) of the United States issues the Federal Employer Identifying Number (FEIN), commonly referred to as a "EIN" or simply a "Tax ID Number," which serves as a company's identification number. Once your firm has been created, Registered Agent will help you contact the IRS to get this number. You will require your EIN in order to open a bank account in the United States.

5. Certificate of Authentication

You must obtain a "Apostille" to certify the paperwork if you wish to establish a bank account in India or if a local business or government agency requires verification of your US Corporation or LLC's formation. Your registered agent may send you an apostille certificate of creation via an overseas courier.

6. Open A Local Bank Account

The next thing to do is to open a US bank account which would help you do three things – to receive US payments, open a merchant account, and run a physical office setup in the US.

Most banks will need you to have a US physical address that is different from your Registered Agent's. When opening a bank account, some banks will take your Registered Agent address into consideration; nevertheless, you will need to make arrangements for your bank statements and other correspondence to be sent by mail or delivered electronically.

7. Get an Indian Bank Account

The "Apostille" certificate of creation mentioned above would very probably be required if you needed to open a bank account in your own country (India). Contact your local bank for further details on what is required to create a bank account in your nation.

8. Get a US Phone Number

You may establish a digital presence in the US by setting up a website and a US phone number. Nowadays, online visits are more common than physical store visits for businesses. Create a professional-looking website as a consequence, and get a local American phone number. Numerous US phone number providers also provide VOIP (Voice over Internet Protocol) services, which enable calls to be forwarded to any Indian number you select through the internet as opposed to conventional voice lines.


The Conclusion

The world’s biggest economy in the world has simple laws and regulations to support new businesses, as well as a desirable tax structure. In its market-oriented economy, private individuals and businesses make the bulk of the choices, and the federal and state governments buy a large portion of their goods and services from the private sector. Compared to their counterparts in Asia, Western Europe, and Africa, US firms are more flexible when making decisions to expand capital equipment, fire excess workers, and develop new commodities. Therefore, every entrepreneur who wants to compete on the global market ought to think about starting a firm there.


Also Read: Company Registration in the USA for non-resident Indians

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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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