How to Start a Business in the U.S.A.
Learn how to use the Delaware LLC to operate a business or own assets outside of the United States.
From almost anywhere in the world, it is easy to start a business in the United States. First, you select the state law you want to govern the ownership and management of your business. Many choose Delaware over all other states because the laws in Delaware are designed to help business owners even if you never plan to visit Delaware or do business in Delaware. Second, you select the type of business entity (Limited Liability Company or Corporation). Many international customers select the Delaware LLC because it is easy to operate and protects personal assets of the owners against collection efforts by future business creditors. If you have no U.S. sourced income, often we see people who want to form LLCs as single member companies. These are referred to as disregarded entities (DREs) for U.S. income tax purposes. If you do business in the United States and you do not want the United States to tax your worldwide income, then you should form a Delaware Corporation or have your Delaware LLC owned by a “blocker Corporation” in the Cayman Islands. You can also form an LLC that makes a C-Corporation tax election on IRS Form 8832. To order a company we only need the name of your new LLC; the contact person’s information; owners’ and managers’ names plus your credit card number. Input this information into your computer securely with our online order form. Read the questions and answers below to educate yourself more. We want you to be comfortable with the process and know what to expect.
Can I start a business in the United States?
Yes, you can create a company in the United States with IncNow. International customers can form a Delaware LLC or Corporation online in just a few minutes. IncNow can assist you with the filing and provide the required Delaware Registered Agent service. The State of Delaware offers benefits to foreign individuals who are interested in forming their businesses in the United States while doing business almost anywhere in the world. This Delaware Corporation can be owned by your international company making it a fully-owned subsidiary or child. Your Delaware Corporation can be owned by you personally with other owners of your international company making the United States operation more like a sibling or brother/sister to your international company.
What are the benefits of hiring a Delaware Registered Agent? Do I need a Registered Agent? Why?
It is necessary for all companies registered in Delaware to have a Registered Agent, such as IncNow. IncNow receives official State of Delaware notices and court correspondence addressed to your company, and timely forwards them to your address. Because you will be located outside the United States, you will not have a physical office in Delaware and therefore need to hire a service to be available to receive lawsuits each business day between 9 a.m. – 5 p.m. We forward along lawsuits to you by both email and International Federal Express. It is necessary to appoint a Registered Agent that meets these requirements, such as IncNow for only $99 each year.
Can I use the address of your office as the business address of my company?
You do not need an office or business address in the United States aside from IncNow’s Registered Agent address. You also do not need to visit Delaware to form an LLC in Delaware. Although it is not necessary, upon your request, we can provide a referral to a service should you want to also have a virtual office in Delaware or a mail forwarding service.
Do I need to open a bank account in Delaware to form a Delaware LLC?
It is not necessary to open a bank account in the State of Delaware to form or operate a Delaware LLC. When you determine what bank you want to use, we can help you obtain the documents necessary to open an account, such as the federal Employer Identification Number (EIN), certificate of formation, good standing certificate, and LLC Agreement.
What is the annual fee to keep the Delaware LLC in good standing and how much is the Registered Agent service fee?
Two fees must be paid each year to keep your LLC in good standing. First, your Delaware limited liability company will pay $300 each year after the year of formation. This fee is due on June 1st. Secondly, IncNow’s Delaware Registered Agent service fee is $99 each year and is due by December 31.
What is the process for starting an LLC in Delaware?
The process of starting a Delaware LLC with IncNow is simple. Our office submits a Certificate of Formation to the Delaware Division of Corporations to start a Delaware limited liability company. Your name and address do not appear in this public record unless you have requested us to include it prior to placing your order. After your LLC has been filed, we will send you an Operating Agreement that outlines the ownership structure and management. It is necessary that you review, complete and sign the Operating Agreement. The State of Delaware requires that all LLCs have an Operating Agreement whether oral, written or implied. Often the Operating Agreement is needed to open a bank account on behalf of your limited liability company. The Operating Agreement is neither filed with the government nor returned to our office. The Operating Agreement is a private document for the records of the company and its owners only.
When you operate your new Delaware LLC, it is necessary also to comply with other federal laws and local regulations depending on the nature of your business operations. If you have any accounts outside the United States in the name of your Delaware company, you must file an FBAR report with the IRS, even if you have no United States sourced income. Furthermore, persons prohibited and persons from countries prohibited by the Office of Foreign Asset Control are not allowed to organize, manage or own a business entity incorporated anywhere in the United States.
Let us help you incorporate now with our secure online order form.