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The Limited Liability Company (LLC)

The Limited Liability Company (LLC)

The Limited Liability Company (LLC) is the most popular entity type for small businesses.

An LLC combines the personal liability protections of a corporation with the tax flexibility of a partnership. The LLC provides many advantages, including:

  • • Pass-through taxation
  • • No residency requirement
  • • Enhanced credibility
  • • Legal protection
  • • Less paperwork than a corporation
  • Business in America makes forming an LLC quick and easy – so you can jump right into business, even the same day!

U.S. Incorporation For Foreign Business Owners

There are no U.S. or state laws barring non-U.S. residents from forming a business in the United States. The American Marketplace is open to everyone

Incorporating in the U.S. as a Foreign National

Venturing into the United States can be rewarding for many foreign-based businesses, and since U.S. citizenship and residency are not requirements, non-U.S. citizens are free to start or expand in America without wading through any more red tape than a U.S.-born small business owner

What Do I do to Register My Company in America?

Register the Company in A State
Incorporation Takes Place At The State Level In America, company incorporation takes place at the state level —not the federal level — for both foreign nationals and U.S. citizens. The process will differ from state to state but is generally comprised of two steps:
  • 1-applying to register in that specific state.
  • 2-appointing a registered agent with a valid, physical address in the selected state.

To form a company as an LLC or corporation, formation documents must be filed with the appropriate state agency, which is most often the Secretary of State. You are also required to pay mandatory filing fees. A corporation’s formation document is typically referenced as the Articles of Incorporation or Certificate of Incorporation, depending on the state. The Articles of Organization or Certificate of Organization are standard names for LLC formation documents. Formation paperwork is used to advise the state and the public of specific details relating to the company. Formation documents serve as a formal record of reference to the corporation’s or LLC’s existence.

LLCs and corporations must supply specific details in their formation documents. The mandatory disclosures vary minimally by state

U.S. residents will likely need a Federal Tax Identification Number (EIN) to start their business. This process requires a Social Security number. For foreign businesses, an Individual Taxpayer Identification Number (ITIN) may be used instead of a Social Security number. The Internal Revenue Service (IRS) issues these tax processing numbers to individuals who are required to pay U.S. taxes but are not eligible for a Social Security number. Residents and non-resident aliens as well as foreign nationals fall into this category.

How Will I know if I Have Everything I Need?
Business in America will make 100% that you have everything you need to get started. All of your questions will be answered and all of your necessary documentation will be provided.

What is the Apostille

An "apostille" is a form of authentication issued to documents for use in countries that participate in the Hague Convention of 1961. A list of countries that accept apostilles is provided by the US State Department.

An apostillized copy of the Articles of Incorporation or Articles of Organization is often needed to open a bank account in another country for a US-incorporated business. Note: some countries require a certified copy of the Articles of Incorporation/Organization with an appropriate gold seal instead of an apostillized copy

What is a Certificate of Authority?

Companies incorporated in one state but transacting business in other states must file for a certificate of authority in the other states. A company is considered “foreign” in all states except the state of incorporation, and it must register to transact business (foreign qualify) in other states.

A certificate of authority, or also known as an Application for Authority, is a document issued by the proper state authority to a company incorporated in another state who wishes to transact business in that state.

What are Articles of Incorporation?

Certificate of Incorporation

The document that must be filed with the appropriate state agency in order to create a corporation Includes basic information about the corporation as required by state law. Also sometimes is called a Certificate of Incorporation.

After I register in America, what do I need to do in my home country?

If there are any reporting and/or filing requirements, they are determined by the laws of an individual’s home country. Therefore, it is advisable to consult the laws of your home country to find out what your obligations are resulting from the formation of an LLC or corporation in the United States.

What is a Registered Agent Service & How Does it Help Me?

The registered agent is accountable for important tax and legal documents on behalf of incorporated companies. These documents may include:

  • • Service of Process, which initiates a lawsuit
  • • State mail, such as annual reports or statements
  • • Tax documents
  • The registered agent is also required to keep a physical address (not a post office box) in the state of incorporation or qualification. Additionally, the registered agent is required to be available during normal business hours.

    With Business in America's Registered Agent Service, we consistently monitor corporate registration obligations in all 50 states to help keep you on top of important compliance events even when you are abroad.

    What is the cost of this Registered Agent Service?

    Business in America includes the 1st year of Registered Agent Service as part of the initial $499 incorporation package for non-U.S. residents. After that, you'll pay only $155 per year for this same service.

    What is Mail Forwarding Service?

    If you decide to incorporate your business in the United States but don’t maintain a physical address there, you may consider using Mail Forwarding Service. This service is a quick and confidential way to obtain your personal and business mail.

    With Business in America, included in your "Virtual Office" - you will have access to Mail Forwarding Service.

    Note: It’s important to note that the Mail Forwarding Service differs from Registered Agent Service in that the Mail Forwarding Service is for receipt and forwarding of business and personal correspondence, such as small packages and letters. Registered Agent Service is used for receipt and forwarding of legal and state correspondence, including Service of Process and state tax documents.

    Your "Virtual Office" Online

    Do All Your Office Work Without an Actual Office

    With Business in American's "Virtual Office", you get an American phone number, American fax number, an American business address and mail forwarding services - all of which you can access through the members area of our website.

    Will I Be Able to Obtain Financing?

    One of the many reasons non-U.S. businesses may want to become American companies is simply to gain easier access to capital. Banks in the United States lend money to small businesses more readily than many of their foreign counterparts. Once a non-U.S. business has been operating in the United States for at least two years, this business has the same access to capital through U.S. banks as wholly-U.S. companies. There’s no simple answer to every non-U.S. company’s needs when it comes to selling in the United States. The steps to take depend on careful assessment of the business plans, legal rules in the United States and abroad, financing issues and more. But the main goal for both foreign nationals and U.S. citizens is to be able to operate their businesses without risking their personal assets through incorporation