Company Incorporation and Registration in USA
Start a Business is Simple in USA
Congratulations on your decision to incorporate a company in USA. You are at the right place. Working with experienced and business-oriented people besides saving time and money you can focus on the idea of growing your business rather than the procedures.
You do not need to be a US citizen or to be in the US for a company establishment in USA. Of course, you need to follow some procedures to legalize your business formation.
With our experienced and expert staff, we are on your side to complete all steps and transactions smoothly and fast.
Steps for incorporating a business in USA
- Decide which company type is right for you
Our experienced attorneys can help you in deciding which company type is best for your goals while legally forming your company.
C-Corporation
This is most common type of corporation and sometimes called C corp. Although the cost of forming a corporation is higher, it provides strongest protection to its owners from personal liability. Corporations can have unlimited number of shareholders, and completely independent life separate from its shareholders. However, taxes for this type of business structure are complicated. Corporations pay income taxes on their profits and in some cases profits are taxed twice.
S-Corporation
In order to avoid to double taxation drawback of C corps, an S- Corporation is designed. All shareholders of S corps should be U.S. citizens and the number of shareholders can’t exceed 100.
Limited Liability Company (LLC)
It is a specific business and partnership structure in the United States. LLC is hybrid between partnership and corporate. Owners and members are not personally responsible for the company's debts and liabilities. LLC is not subject to taxation at the company level (Pass-Through Taxation)
- Decide in which state you will form the company
Determining your business location has strategic importance for taxes, zoning laws and regulations your business will be subject to. In addition, you have to register your company, pay taxes and get licenses and permits in the place where your company will be located. Some states are well known for creating friendly tax environment.
- Choose a company name
Determining correct name for your company is an important step as name of web site, logo design, stamps and social media accounts depends on the name of the company. While choosing your company name be aware that rules are different for LLC and corporate and name of the company must be unique. Words such as "bank", "University" or "College" cannot be used within the scope of determining the company name in the USA unless approval is obtained from the Delaware Bank Commission or the Delaware Education Secretariat. In most states, the website of the state business filing agency includes an online entity name check tool. By checking whether your company name is used by other companies, you will prevent your company registration from being rejected due to naming issues.
- Find a Registered Agent
A Registered Agent is a person or an entity having a valid physical address in the state where you located your corporation and receives your official papers and legal documents on behalf of your company. You will need a Registered Agent in your state before you file your registration if your business is LLC, corporation, partnership, or non-profit corporation.
- Register Your Company
Where and how you register your company depends on the company type and location. Registering your company make it distinct legal entity. Most businesses don’t need to register with the federal government but you will probably register with state agency where you conduct your business activities. Company registration is subject to a fee that varies by state.
- Apply for EIN (Employment Identification Number)
Employer Identification Number (EIN) is a federal tax ID number for your business to pay taxes, hire employees, open bank account and apply business licenses and permits. After your business registration is done you should apply International Revenue Service (IRS) to get this number.
EIN phase and other steps after EIN, all should be performed after registration of the company.
If your business must pay state taxes than you should also get state tax ID number. You should investigate whether your company has local tax liability.
With knowledge of state's law of income and employment taxes and understanding of business law, our experienced lawyers are ready to help and respond to all your inquiries.
- Open a US Bank Account for your company
In order to stay legally compliant and protected, to accept and spend money you should open a business bank account for your company. Once you have gotten EIN you can open a business bank account.
- Get a US Mobile Phone Number
In order to do your commercial activities you should be in contact with other companies, customers and employees. Therefore, you need to have mobile phone number.
- Be aware of your tax liability and pay all required fees including annual fees
You must meet the federal and state tax obligations. To do this, first you have to get necessary taxpayer identification numbers from relevant institutions. Tax obligations differ at state and local level so that you need to have correct information.
- Apply for licenses and permits
Requirements and fees depend on your business activity and the agency issuing the license or permit. If your business activities are regulated by federal agency, you have to get a federal license and permit. Depending on your company location and business activity you will need to get license and permits from state, county or city.
- Get business insurance
The federal government requires every business with employees to have workers’ compensation, unemployment, and disability insurance. Some states also require additional insurance.