Business Formation for Non-US Clients
BizFilings forms corporations, limited liability companies (LLCs) and nonprofit corporations in all states for citizens from other countries. To create a corporation or LLC, the proper formation documents must be filed with the appropriate state agency and the necessary state filing fees paid.
BizFilings' Non-US Clients Package is specifically designed for companies without a mailing address in the United States. It is not intended for foreign nationals living in the US or for international companies that have a US operating address.
This package includes documents that may be required to open a bank account in their home country. We suggest contacting the potential banking institution to find out what information is required to open a bank account.
FAQs
Q. Do I need to be a United States (US) citizen to create a corporation or limited liability company (LLC) in the US?
A. No. A non-US citizen can form a corporation or LLC in the US.
US corporations and LLCs are formed by state governments. As a result, you must select a state where your company will be formed. To create a corporation or LLC in the US, the proper formation documents, typically called the articles of incorporation or certificate of incorporation for corporations or the articles of organization or certificate of organization for LLCs, must be filed with the appropriate state agency and the necessary state filing fees paid.
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Q. Must I open a business in the US?
A. No, it is not required that corporations or limited liability companies (LLCs) operate a business in the US. For example, a corporation can be used for the sole purpose of owning real estate.
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Q. Can I use the same business name I'm already using outside the US for a new US-based company?
A. Perhaps. The name of the proposed corporation or limited liability company (LLC) should be checked for availability with the Secretary of State in your desired state of formation. In order to prevent confusion, no two companies may have the same name or closely similar names. Additionally, the company name must include an identifier to show it is a corporation or LLC not a natural person or partnership. Commonly accepted identifiers include the words "Corporation," "Incorporated," or "Company" or an abbreviation, such as "Inc." or "Corp." to indicate that it is a corporation, or "Limited Liability Company," or "LLC" to indicate it is an LLC.
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Q. How do I obtain a Federal Tax ID (EIN) Number if I'm not a US citizen?
A. The Internal Revenue Service (IRS) requires that corporations and limited liability companies (LLCs) formed in the US have a Federal Tax ID (EIN) Number. In order to obtain an EIN for your company, you must have a Social Security Number (SSN) or Individual Tax Identification Number (ITIN). If you do not have a SSN, you must apply for and obtain an ITIN prior to applying for the EIN for your company. To obtain an ITIN, you must complete IRS Form W-7 and mail it to the IRS. BizFilings does not assist with the preparation of Form W-7 or the obtainment of the ITIN.
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Q. What if I'm a US citizen located outside the US?
A. Someone who is a US citizen and resident of another country follows the same incorporation procedures as a US citizen located inside the US.
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Q. What is a "foreign company"?
A. The term, "foreign company" is easily misinterpreted by non-US citizens. It's important to note that in this context the term "foreign" does not apply to companies located outside the US.
The term "foreign" refers to a US company that is created in one state, but does business in another state. For example, a company that is formed in the state of Delaware in the US would be viewed as a "foreign" company in other states such as the state of Nevada.
Companies that do business in several states within the US have to "foreign qualify," or register to transact business, in states other than where they incorporated.
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