Incorporate 🇺🇸

company in the USA

The United States offers a thriving environment for entrepreneurs and startups. Incorporating your business can unlock several advantages, including limited liability protection, access to capital, and a professional image. 

Register your company today

Company Registration

Benefits of setting up a company in USA

Limited Liability

Enhanced Credibility

Easier Access to Capital

Tax Advantages

The Offering

Launch your US business from anywhere, in minutes.

Plan B Consultancy can assist you throughout the US incorporation process. We can help with:

Choosing the Right Business Entity

We'll analyze your needs and recommend the most suitable structure for your business.

Business Name Availability Checks

We'll help you ensure your chosen name is available in your desired state.

Preparation and Filing of Incorporation Documents

We can assist with drafting and filing the necessary paperwork with the Secretary of State's office.

Obtaining an EIN

We can guide you through the process of obtaining an Employer Identification Number from the IRS.

Business License and Permit Assistance

We can help you identify any required licenses and permits for your business in your specific location.

Banking Support

Plan B Consultancy have a partner network that includes US-based legal or financial service providers who can assist with bank account opening.

Banking Partners

Clarity

What is a US-based Company?

A US-based company is a business entity that is legally formed and registered in the United States. There are two main factors that determine whether a company is considered US-based:

 

1. Incorporation:

  • The company must be incorporated under the laws of the United States, either at the federal level or more commonly, at the state level.
  • This process involves filing the necessary documents with the Secretary of State’s office in the chosen state, establishing the company as a separate legal entity from its owners.

 

2. Principal Place of Business:

  • The company’s primary business operations and management must be located within the United States. This typically means having a physical office or headquarters in the US, where key decisions are made and daily operations are conducted.

 

Examples of US-based companies:

  • Apple Inc., incorporated in California
  • Amazon.com, Inc., incorporated in Washington
  • General Motors Company, incorporated in Delaware (a popular choice due to business-friendly laws)

 

Key characteristics of a US-based company:

  • Subject to US laws and regulations, including taxation, accounting standards, and labor laws.
  • Entitled to certain benefits and protections offered by the US government, depending on the specific industry and business activities.
  • May have the ability to raise capital and conduct business transactions more easily within the US market.

 

Incorporating a US-based company can offer advantages like:

  • Limited liability protection for owners’ personal assets.
  • Enhanced credibility and professionalism in the US market.
  • Easier access to financing from US banks and investors.

 

However, there are also considerations like:

  • Compliance costs associated with maintaining a US legal entity.
  • Potential tax implications for both the company and its owners.

 

Whether incorporating a US-based company is right for you depends on your specific business goals and circumstances. Consulting with a legal and tax professional like Plan B Consultancy can help you make an informed decision.

Documents Required

The documents required to open a US-based company can be categorized into three main stages: pre-filing, filing, and post-filing. Here’s a breakdown of the essential documents at each stage:

 

Pre-Filing:

  • Business Structure Decision: No physical document is required at this stage, but you’ll need to decide between forming a Corporation (C-Corp) or a Limited Liability Company (LLC).

 

Filing:

  1. Articles of Incorporation (C-Corp) or Articles of Organization (LLC): This is the core document that establishes your company’s legal existence. It typically includes information like:

    • Company Name: A document proving the chosen name’s availability might be required (varies by state).
    • Business Purpose: A brief description of your company’s primary business activities.
    • Registered Agent Details: Name and physical address of the designated individual or service within the state of incorporation.
    • Incorporators (C-Corp) or Number of Managers/Members (LLC): Some states might have a minimum requirement (e.g., one incorporator for a C-Corp).
    • Additional Information (State-Specific): Some states might require additional details in the Articles, so check with the Secretary of State’s office for your chosen state.
  2. Bylaws (C-Corp) or Operating Agreement (LLC): While not required for filing with the state, these internal documents are highly recommended. They outline ownership structure, management roles, profit-sharing arrangements, and other operational details for your company.

 

Post-Filing:

  1. Employer Identification Number (EIN): Though not a document itself, obtaining an EIN is crucial. You can apply for this federal tax identification number online through the IRS website. No filing fee is involved.

 

Additional Considerations:

  • State Filing Fees: There are fees associated with processing your Articles of Incorporation/Organization. These vary by state, so research the specific fee for your chosen state.
  • Business Licenses and Permits: Depending on your industry and location, you might need additional licenses and permits to operate legally. Research requirements with your state and local authorities. These might involve additional documents specific to the license or permit type.

 

Remember:

  • This is a general overview. Specific document requirements might vary slightly by state. It’s always advisable to consult with the Secretary of State’s office in your chosen state of incorporation for the most up-to-date information.
  • Consider seeking guidance from a legal professional to ensure you have all the necessary documents and complete them accurately. They can also advise on any state-specific requirements or potential complexities based on your chosen business structure.
Frequently Asked Questions
  • Choose a Business Structure (C-Corp or LLC): Consider factors like liability protection and taxation.
  • Select a Business Name: Ensure it's unique and available in your desired state.
  • Appoint a Registered Agent: Designate someone with a US address to receive legal documents for your company.
  • File Articles of Incorporation (C-Corp) or Organization (LLC): Establishes your company legally with the Secretary of State's office.
  • Develop Bylaws (C-Corp) or Operating Agreement (LLC): Internal documents outlining ownership, management, and profit-sharing.
  • Obtain an EIN (Employer Identification Number): Needed for opening a business bank account, hiring employees, and filing taxes (free from IRS).
  • Acquire State Licenses and Permits (if applicable): Research requirements based on your industry and location.
  • Open a US Business Bank Account: Essential for managing your company's finances.

Not sure where to begin?

The Right Advice is Priceless, we know that better than anyone. Talk to our experts to get clarity Company registration process.

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