Company formation in the USA

Company formation in the USA


For some opening a business in America is a dream, for others it’s a goal, and for the vast majority of entrepreneurs – a practical task that needs to be accomplished. Non-residents may not be well-versed in some nuances of company formation in the USA. We hope you’ll find answers to your questions right on this page. It is by no means a comprehensive guide, so if some questions will remain – feel free to reach out to us. The first consultation is completely free!

How does company formation process look in the USA?

Rather simple. America has one of the easiest company formation processes in the world. To start a business in the U.S., you will need to go through the following steps:

  1. Choose the state for company formation. That choice is crucial, as you will be required to register your company within a specific state’s jurisdiction. It isn’t possible to get registered within the entire country’s jurisdiction, so any business will require following state laws. The most popular states for registration are Delaware, Wyoming, and Florida. However, depending on the nature of your business, another state might be more advantageous. Our experts can assist you in selecting the most suitable state. And you can calculate the registration cost for various states here.
  2. Select the legal form of your business. Typically, foreign business owners choose to form either a Limited Liability Company (LLC) or a C-Corporation (C-Corp). Each form has its own advantages and disadvantages. The good news is, if you’re unsure, you can start with an LLC and later convert it to a C-Corp, or make an election to treat the LLC as a C-Corp for tax purposes.
  3. Come up with a company name. Feel free to use your imagination. But remember that the name should be unique and not misleading.
  4. Plan the business launch strategy (optional for small businesses). Company formation in the USA involves the strategic planning of your company’s future activities, including:
    • protection of intellectual property rights;
    • tax planning;
    • office expenses;
    • employee costs;
    • obtaining permits, licenses, etc.
  5. Prepare and submit the necessary documents for company registration to the state authorities. This includes filling out and submitting the appropriate paperwork to the Secretary of State. The documents vary based on the state and the type of company. They can be Articles/Certificate of Organization or Articles/Certificate of Incorporation.
  6. Arrange internal company documents. It is recommended to formalize the company’s internal structure by creating an operating agreement, bylaws, registers, and other required documents, before actually starting the business. The specific set of documents required will depend on the state and the company’s structure.
  7. Obtain a tax identification number for the company. Every U.S. company needs an Employer Identification Number (EIN) for tax purposes.
  8. Open a bank account. There are two options for opening a bank account: remotely or in-person with a bank representative. Most banks in the U.S. prefer to have the company representative present, so if you plan to open an account on your own, it is better to plan a trip in advance.

What documents are required for opening a corporate bank account in a U.S. bank?

When applying for the opening of a corporate bank account in the U.S., you will typically be required to provide the following documents:

  • Document confirming the registration of the company in the U.S. (Articles/Certificate of Organization or Articles/Certificate of Incorporation);
  • Statutory documents of the company;
  • Letter confirming the assignment of the company’s EIN;
  • Letter confirming the assignment of ITIN (Individual Taxpayer Identification Number) to the non-resident who will be the account signatory;
  • Lease agreement for the company’s office (not mandatory, but highly recommended);

The bank may also request additional documents based on the nature of the company’s business.
Please note that these requirements may vary slightly from one bank to another.

What are the tax rates in the USA?

There are three levels of taxation in America:

A fixed rate of 21% has been established since 2018, replacing the previous progressive scale, where the maximum rate reached 35%.

A comparative chart of the corporate income tax rates at the state level in the USA

The tax rates at the county or city level are generally minimal and depend on the location of the business within the territory of the USA.



Request an estimated cost calculation for company formation in the USA.

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