FAQ: Delaware company, Delaware Corporation, Delaware LLC, US LLC, US company and US Corporation

 

 

The process of Setting up a US company for a non US residents raises many questions. This section of our website is design to address the various issues a Foreign person or a non US business  should address and pay attention to when considering forming such an entity. Here you will find answers to questions about the incorporation process, the complicities resulting from a non US person owner, where to incorporate (Delaware or other US states), which entity type is best for a non US person, and what are the options for a foreign person to open a US business bank account and a merchant account.  
 
Non-US-Residents
 
<Can a Non-US-Resident start a US Company ?

<Can a Foreign Person Establish a US Bank Account ?

<Can a Foreign Person Obtain a US Credit Card ?
<Can a non-US-resident move in to the US to work for the US company ?
 
Corporation / LLC
<What are the benefits in setting up a US Company ?
<Should I open my US Company in Delaware State ?
<What are the features of a Delaware Corporation ?
<What are the features of a Delaware LLC ?
<Should I open a Delaware Corporation or LLC ?
<How much capital is required to incorporate a US Company ?
 
The Incorporation Process
<How Long does it take to form a Delaware Company or LLC ?
<Which documents do I need to Provide to set up a US LLC or Corporation ?
<Do I need to come to the US for the incorporation ?
<What is a corporate Kit for a Delaware Company : Corporation or LLC ?
<What is Registered Agent for a Delaware Company : Corporation or LLC ?
 
Setting up a Business Bank Account
<How Long does it take to open a US Bank Account?
<Which documents do I need to Provide for bank account opening?
<Do I need to come to the US to open the Bank account?
 
Setting up a Business Merchant Account
<How Long does it take to open a US Merchant Account?
<Which documents do I need to Provide for merchant account opening?
<Do I need to come to the US open the merchant account?
 

Can a Non-US-Resident start a US LLC / US Corporation ?

Yes, Under the US Corporate law, every person, including a non-US-resident, can open and own a United Stated company unless specifically prohibited by law (e.g. minor, resident of a country repeatedly provides support for acts of international terrorism,  country that the United States does not conduct diplomatic relations with, or country that the United States does not recognize its government ).

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

  

Can a non-US.-resident move in to the US to work for the US company ?

With the right working visa you will be able to come to the US and work as an employee of your US corporation or LLC. There are several US visa that provide its holder a work permit and entry authorization into the United States. his process presents your corporation to the state you wish to incorporate in.  Visas such as L1, J1, R1, E1 and H1 could be suitable in your case. We highly recommend you consult with a US immigration attorney to determine the best visa for you. When you incorporate with us, we shall refer you to several US immigration lawyers and work closely with them during the process of obtaining your visa.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

US Immigration Attorney Introduction

  

Top

  

What are the benefits for a Non-US-Resident in setting up a US Company?

If you are targeting the US market, the US consumers or US businesses, you should know that Generally, Americans prefer doing business with US companies for many reasons, including: US customers expect American Standards and quality, business credibility increases when your company has a US address, US bank account and phone number in the USA, foreign business is not always subject to the US legal system (e.g. in case there is a legal dispute), US company, US LLC, Delaware Company or Delaware LLC can easily employ professional Americans to support your US expansion and can potentially allow you as the owner to move into the US and work for your company.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

     

Can a Foreign Person Establish a US Bank Account?

Yes, your US company, US LLC, Delaware Company or Delaware LLC will be able to set up a US bank account under its name with you as the authorized signer for the company. When you sign up for our Bank Account Introduction Service we will refer you to several US and non-USA banks that will review your company and make a decision if to open an account for your business. The banks network we have established relationships with, includes banks that allow for remote account opening as well as banks that only allow for in-person opening which means that you may be asked to be physically presence at the bank when you sign the account opening documents.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

USD  bank introduction

USD  merchant account introduction

US business address

 

  

Top

      

Can a Foreign Person Obtain a US Credit Card?

Yes, most of the banks we will introduce you to, offer their business customers a US Credit card or US Debit Card that is directly connected to your Business / Corporate bank account. This card will allow you to withdraw funds from your company's US bank account, Pay with credit card / debit card for US and International purchases, Buy services and products online and pay through the US US company, US LLC, Delaware Company or Delaware LLC and, check balances and wire funds out of the account.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

USD  bank introduction

USD  merchant account introduction

US business address

 

  

Top

  

Should I open my US company in Delaware State?

Delaware State offer many benefits to a non-US-Resident and it certainly one of the best incorporation jurisdiction in the world. First and foremost, Delaware does not impose tax on income derived out-of-state. Additionally, there is no sales tax in Delaware (e.g. the US equivalent to V.A.T) and no tangible property tax as many other states do. However, Delaware is not always the best solution and in cases where the business has employees or physical presence in other states, it is sometime recommended to skip Delaware and register the company in the state where you will operate.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

 

Top

  

How much capital is required to incorporate a US company, US Corporation or US LLC ?

One of the main factors in the decision to expand your business into the US market is the amount of capital that is required to incorporate a US business. The answer to that question is complex and depends on  the preferred State of incorporation. The United States of America includes 50 States and the District of Columbia. Each of the 50 States has its own incorporation law that determines the incorporation or business formation requirements, among them the amount of required capital.  Delaware - The Most Popular Incorporation State. According to the Delaware Secretary of State Website, more than 850,000 business entities have their legal home in Delaware including more than 50% of all US publicly-traded companies and 63% of the Fortune 500.  Businesses entities of all types select Delaware for the State flexible corporate laws, highly-respected Court of Chancery and business-friendly State Government. One of the best features of a Delaware Corporation or a Delaware LLC is that No minimum capital is required to form a either of the entities. This means that other than you can incorporate your Delaware company or form your Delaware LLC with a minimal amount.  Nevada, a favorable States to Many Small Businesses. Nevada earned its popularity with many businesses due to tested corporate laws, highest degree of privacy, the fact that it is the only state in the US that does not share information with the Internal Revenue Service Lastly, and finally Nevada has no state corporate taxes. Same as in Delaware No minimum capital is required in Nevada to Incorporate a Business or form a Limited Liability Company. If your US business will have a physical presence in any US state you should seriously consider incorporating in that state. Otherwise, if you incorporate in another state, you will have to register that company in the state where you have the physical presence as a Foreign Corporation or a Foreign LLC. This means that you may have to register your US business in states other than Delaware or Nevada. As previously explained, each state has different corporate laws, thus each state has different requirement for minimum capital to form your US US company, US LLC, Delaware Company or Delaware LLC. To make sure you understand the amount needed in the state of your choice please contact us to discuss.

  

Top

  

What are the features of a Delaware Corporation?

<Low franchise tax (minimum is $50) <Officer, Director, and Shareholder could be the same person and could be a non-US-residents <Personal liability of Officers and Directors is limited <No Limits on where to keep Corporate books and records <No minimum amount of capital is required <Hostile takeover laws are designed to protect Shareholders <Delaware courts and legal system are well known for their fair approach <Dividends to Shareholders are allowed <Shareholders, directors and/or committee members may act by unanimous written consent in place of formal meetings <Different kinds of Corporation may carry any lawful business and more than one  <Corporation may fix quorum of board of directors -- not less than one-third of the whole board; two if only two shareholders; one if only one shareholder <Voting trusts and voting agreements may be created <Generally, stockholder liability is limited to stock held in the corporation <Delaware law includes Close Corporation provisions<

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

  

What are the features of a Delaware LLC?

Name of any member of the LLC does not have to be disclosed in the certificate of formation <Single member LLC is allowed <LLC is not required to hold member meetings in the state or anywhere else <LLC may deny voting rights to some members <LLC may indemnify members and managers <LLC may be managed by its members or by a manager < There is no income tax on LLC's income earned out-of-state

No minimum capital is required<Neither members nor managers need be US citizens <Units of the LLC ownership may be owned by individuals, corporations or any other business entity existing under either US or foreign law <The LLC can conduct any lawful business and more than one <

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

  

How Long does it take to incorporate?

After you submit your order to we file your US company, US LLC, Delaware Company or Delaware LLC formation documents the same day (during weekdays). Most states will process the documents and record your new US company within five to seven days. If your incorporation is urgent, we offer expedited services which include 24 turnover time and including e-delivery of your documents.

 

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

         

Which documents do I need to Provide?

After you submit your incorporation order for US company, US LLC, Delaware Company or Delaware LLC you will receive confirmation via email. That email will ask you to return back to us signed order form, signed credit card authorization form and copy of your valid passport. In addition and depending on the range of services you sign up for, we may ask you for: Utility bill evidencing your resident address, Bank Reference Letter from your foreign bank and State Issued identification document or driver license.

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

         

Do I need to come to the US for the incorporation?

No. Our incorporation process is done 100% online which allows you to stay in your country of resident while we complete your business formation.

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

   

Top

  

What is a corporate Kit?

Our Corporate Formation Package includes the following:

20 Custom printed certificates numbered and imprinted with corporate names and authorized issue.
Stock transfer ledger.
Corporate Seal.
Printed minutes and bylaws.
Special forms with review of sub-chapter S election, medical and dental reimbursement plans, Section 1244 forms, annual meeting forms.
Indexed section for articles, minutes, bylaws, certificates, transfer ledger, and S-section/forms.
Customized binder and matching slip case.

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

   

Top

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

     

What is Registered Agent?

All states require corporations and LLC's to maintain a registered agent in the state they are created.  The registered agent is responsible for receiving important documents on behalf of the corporation or LLC.

  

Users that read this answer also signed up for the following services:

Incorporation Package for non-US-resident

  

Top

     

How Long does it take to open a US Bank Account?

After you submit your bank account introduction order we process it the same day (during weekdays).We then match your banking needs to the banks in our network and the next day email you applications and contact information for a minimum of 3 banks that you may contact and apply for a business bank account with. The approval process varies from bank to bank. Tax Usa Inc. will aim to speed up the process helping you with the various applications.

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address

    

Top

        

Which documents do I need to Provide for bank account opening?

Under the US Patriot Act and International Anti-Laundering laws, most banks are required to "know the customer" before they open a business bank account. To do so, they will ask you to complete an account opening application and enclosed several documents among them copy of your valid passport, state issued I.D., Local Bank reference letter and utility bills to show proof of residency.

  

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address

  

Top   
 
Do I need to come to the US to open the Bank account?
Our bank account introduction service does not require you to come to the US for the account opening. However it is the bank sole discretion to decide if to open an account for your company and if to ask the authorized person to appear in person at the bank and sign the account opening documents before the bank manager.        
 

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address


Top
 
How Long does it take to open a US Business Merchant Account?
After you submit your merchant account introduction order we process it the same day (during weekdays).We then match your credit / debit card processing needs to the merchant account providers in our network and the next day email you applications and contact information for merchant account providers that you may contact and apply for a business merchant account with. The approval process varies from merchant provider to merchant provider. Tax Usa Inc. will aim to speed up the process helping you with the various applications.   
 

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address

 
Top          
 
Which documents do I need to Provide for merchant account opening?
Before you apply for a business merchant account you must have an operating business bank account. When you apply for a merchant account you will be required to provide the merchant account provider copy of all incorporation documents, including Employer ID number Confirmation issued by the Internal Revenue Service. Under the US Patriot Act and International Anti-Laundering laws, most banks are required to "know the customer" before they open a business bank account. To do so, they will ask you to complete an account opening application and enclosed several documents among them copy of your valid passport, state issued I.D., Local Bank reference letter and utility bills to show proof of residency.
 

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address


Top          
 
Do I need to come to the US open the merchant account?
No. Our merchant account opening process is done 100% online which allows you to stay in your country of resident while we complete the process.    
 

Users that read this answer also signed up for the following services:

USD  bank introduction

USD  merchant account introduction

US business address


Top
 
Tags: US Corporation , USA Corporation , Delaware corporation , Nevada Corporation , New York Corporation , Florida Corporation, California Corporation , DE Corporation , NV Corporation , NY Corporation , FL Corporation , US LLC , USA LLC , Delaware LLC , Nevada LLC , New York LLC , Florida LLC , California LLC , DE LLC , NV LLC , NY LLC , FL LLC , US Company , USA Company , Delaware Company , Nevada Company , New York Company , Florida Company , California Company , DE Company , NV Company , NY Company , FL Company , non resident, non us resident, non resident alien, foreign resident , us corporation for non us residents , us corporation for non residents , usa corporation non residents , open us corporation, start us corporation , set up us corporation , non resident open us corporation
 

Tax Usa Inc. | www.tax-usa.net | info@tax-usa.net

 
1