Know The Law
Company Incorporation In USA

4.1. Types Of Company Registration For Indians In The US:
4.2. Steps To Register A Company In The USA:
5. Difference Between LLC And C-Corp 6. Conclusion 7. FAQs On Company Incorporation In The USA From India:7.1. Q1. What are the basic requirements to incorporate a company in the USA from India?
7.2. Q2. Do I need to be physically present in the USA to incorporate a company?
7.3. Q3. What is the difference between incorporating an LLC and a C Corporation in the USA?
7.4. Q4. How long does it take to incorporate a company in the USA from India?
7.5. Q4. Do I need an Employer Identification Number (EIN) for my US company?
Incorporate your U.S. company within 10 business days and obtain your Employer Identification Number (EIN) in less than 48 hours. Terms and Conditions apply.
US Company Incorporation - A Quick Overview
USA boasts cultural diversity as well as huge numbers of people speaking English, hence a conducive environment for international companies. Its open markets render the establishment of a company there a good fortune, particularly the advantage of paying taxes to augment your business.
It is easy to incorporate a business in the US and has immense potential, as the economy of the US is 14 times that of India. It is a suitable place for Indian companies to expand. Non-residents also take the same steps as residents in starting a business, with some additional legal requirements.
Why Is US Company Registration Beneficial For Indians?
US has well-defined business laws and a few of the lowest corporate tax rates in the world, which are huge boons for companies. But laws in each State are different, so if your company is largely based in one state, you might require a Foreign Qualification Certificate.
Those states that are most favorable from the tax and business law point of view include Delaware, Wyoming, and Nevada. Delaware, for instance, is especially popular, with no state sales tax and a highly favorable franchise tax rate for small businesses. Also, non-residents are exempt from paying corporate income tax individually.
Documents And Information Needed For US Company Registration
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Company Name:
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Type of Business:
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US Business Address: (If different, a registered agent's address is required)
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Business Partner(s) Name:
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Partners' Addresses:
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Ownership Percentage:
Documents Required:
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PAN Card
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Aadhaar Card
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Passport
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Company Incorporation Details
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Other Essential Information
Additional Business Registrations:
Based on your business type, you may need extra registrations beyond incorporation.
Types Of Company Registration For Indians In The US:
The US has five main company types you can register:
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C Corporations
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S Corporations
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Sole Proprietorships
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Limited Liability Companies (LLCs)
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Nonprofit Organizations
Steps To Register A Company In The USA:
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Choose a Legal Structure – Decide if your business will be an LLC, corporation, sole proprietorship, or partnership.
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Pick a Unique Business Name – Make sure it follows State regulations.
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Register with the State – File the required paperwork and pay fees.
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Get Additional Licenses and Permits – This depends on your business activity.
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Apply for an EIN – Get your Employer Identification Number from the IRS.
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Open a Business Bank Account – Keep personal and business finances separate.
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Register for Taxes – You’ll need to set up Federal and State taxes.
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Get Insurance – Depending on your business, you might need liability or workers' compensation insurance.
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Follow Employment Laws – If hiring, comply with State and Federal Employment Rules.
Difference Between LLC And C-Corp
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Ownership:
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LLC: Owned by members, flexible management.
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C-Corp: Owned by shareholders, formal structure with a board.
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Taxation:
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LLC: No corporate tax, only personal tax (pass-through).
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C-Corp: Double taxation—corporate and shareholder levels.
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Raising Capital:
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LLC: Limited options.
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C-Corp: Easier to raise funds by selling shares.
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Management:
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LLC: Flexible, less formal.
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C-Corp: Requires a board and follows strict rules.
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LLC is simpler and best for small businesses. C-Corp is complex but good for large companies seeking investors.
Conclusion
By working through the intricacies of state laws and meeting the required requirements, entrepreneurs are rewarded with a sound legal framework, varied sources of funding, and a market filled with promise. Although the incorporation process might seem complicated, the advantages of creating a formal business entity, along with its resultant liability protection and credibility, clearly outweigh the upfront difficulties.
FAQs On Company Incorporation In The USA From India:
Q1. What are the basic requirements to incorporate a company in the USA from India?
To incorporate a company in the USA, you'll need a unique company name, type of business, physical US address, registered agent, and personal documents like a PAN card, passport, and Aadhaar card.
Q2. Do I need to be physically present in the USA to incorporate a company?
No, you don't need to be physically present in the USA. You can incorporate remotely, but you must have a registered agent with a physical address in the US.
Q3. What is the difference between incorporating an LLC and a C Corporation in the USA?
An LLC offers flexible management and pass-through taxation, while a C Corp is ideal for larger businesses, offers limited liability protection, and allows easier access to investors but faces double taxation.
Q4. How long does it take to incorporate a company in the USA from India?
The incorporation process typically takes around 7-10 working days, but with Restthecase, we offer fast processing and can complete it in as few as 4 working days.
Q4. Do I need an Employer Identification Number (EIN) for my US company?
Yes, an EIN is required for tax purposes, opening a bank account, and hiring employees.