In the US, there is not a general rule on how to set up a company across the country, instead, there are different regulations in each state. All states have basic types of businesses including Sole Proprietorship, General Partnership, Corporation, S-Corporation, and Limited Liability Company. Most states do not require minimum capital to start a business. The procedures for establishing a company in the states are simple and quick. Foreign-invested companies are subject to the same laws as domestic counterparts.
However, there are differences among states. In this connection, forming a company in Delaware is quite simple and requires less procedure compared to other states. However, you might need of professional assistance if you wish for a smooth process. You can choose one of our services to start your business in the US, and you can contact us for further information or questions.
With our broad experience in forming many companies, we would like to help you with the documents you might encounter during the process of forming your own company.
1 – Selecting the Appropriate Type of Business
Generally, startups planning to attract capital starts as corporations. If you want to raise money in a short span of time, starting as a corporation might help. However, if you need to hold your assets and require anonymity, the best option might be an LLC.
2 – Selecting the State (Delaware in this case)
You need to choose the best state for your business. Traditionally, Delaware is accepted as the best state for entrepreneurs. Therefore, it is the most popular for startups. The most significant advantage of incorporating in Delaware is that it has one of the most business-friendly corporate law systems in the U.S. In some cases, you can change your state and get over this problem; however, some states do not allow such a change, and you find yourself stuck in the state you first incorporated in. Winding up your business and starting a completely new one, on the other hand, may be expensive and time-consuming. So, you need to choose your state wisely initially.
3 – Choosing an Appropriate and Unique Name for the Company
In order to form a company in the US, the company name must be determined first. There is no need to include the name of the business activity to be operated when determining the name. However, the name to be determined must be distinctive from the names of other companies. It is possible to check whether the name is already in use by someone else through State website.
4 – Company Registration
Most states do not require minimum capital to start a business. The procedures for establishing a company in the states are simple and quick. Foreign-invested companies are subject to the same laws as domestic counterparts.
The founder must fill in the certificate of company formation to identify its name; the name and address of the registered agent; the par value of the company’s shares allowed to be issued, and the mailing address of the company. Fees will increase gradually based on the number of shares issued or raised capital.
- If you are forming General Corporation, Close Corporation, Public Benefit Corporation, or Non-Profit Corporation, you will obtain a Certificate of Incorporation that includes Articles of Incorporation. This certificate is proof that you have applied to start a business in the state of Delaware. The Company’s Articles of Incorporation are briefly the basic chart of a company. It includes information such as the company name, purpose, amount & types of shares, the address of the Registered Agent, and the person who founded the company.
- If you are forming LLC (Limited Liability Company), you will receive a Certificate of Formation that includes Articles of Organization. This certificate is proof that you have applied to the state of Delaware to form an LLC.
5 – Choosing a Registered Agent
Registered Agent issue is important to set up a company in the United States. The Registered Agent is the person authorized to receive the company’s notices, such as reminders or other legal documents on behalf of the company
6 – Tax Obligations
Your company will need to be identified by the Internal Revenue Service (IRS). This process is usually done through an Employer Identification Number (EIN).
7 – Opening a US Bank Account
The requirements for opening a business bank account vary from bank to bank. Nevertheless, you will need proof of starting a company in the US, EIN and a copy of the passport.
8 – Follow up the Annual Requirements
Once the company is active, you will need to submit an annual report of the company. This is a basic form that primarily updates the address of the company and the registrar.
One of the most important stages of company formation is the first organizational meeting to be held after the company registration. In this meeting, the company founder identifies the members of the board of directors of the company and completes the company formation.
Please note that in case you do not follow these requirements, your business may fall from good standing.
In summary, company formation and management in the US will require a considerable investment of time and money. Typically, the more time you are willing to invest, the less money you have to spend and vice versa. However, for many businesses, the benefits of starting a company in the United States often go beyond these costs. You should keep in mind the essentials and choose a trustworthy service when starting a company in the US to get the best results.