Company Registration Process in USA

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S & F CONSULTING FIRM LIMITED is an international business/ company registration consultancy firm.

Foreign Company Registration (100% Foreign Investment, Joint Venture, Virtual/ Branch/ Liason Office, Foundation), Taxation, Accounts & Audit, Legal, Company Secretarial & Management Consultancy.

Company Registration/ Formation/ incorporation in US, Foreign Direct Investment in USA-FDI, FDI in USA, Doing Business in USA

Register a branch office of foreign company in USA

How to set up company as non residence in USA

Step 1, determine what exactly you want to do, where and how you want to do it, how much it will cost and whether or not you have the budget. In this step, you need to determine:
• Where to establish your US business
• Where to incorporate your US company
• Your need for protecting your intellectual property
• Whether you will need to obtain any special licenses
• Your need for visas or other immigration needs
• Your need for staffing for the business
• Your need to access the capital markets in the US
• Your need for marketing, supply chain and other support services
• Are there any tax incentives available, and what options are available to minimize your tax burden

Step 2, In the Company Planning Stage you will determine such practical matters as:
• The name of the company
• Whether to be a corporation or a limited liability company
• Which state to incorporate in and which states to register in
• Determine the capitalization of the company (how many shares at what par value, and how much each shareholder will contribute to the company as their capital contribution
• Determine who will be the shareholders, officers and directors
• Determine the roles and responsibilities of the company’s officers and directors

Step 3, AFTER completing the Company Planning Stage, the Action Stage should be very smooth and fast: Provide the necessary documents
1. Form the company
2. Register the company in other states as needed
3. Hold the organizational meeting, appointing the officers and directors, issuing shares to the shareholders and taking such other actions as necessary
4. Obtain the federal Employer Identification Number
5. Open your bank account
6. Start business: buy, lease or rent office space, hire employees, market the products, etc

Steps to Starting Up a Foreign Business in the U.S.:

• Foreign business entities are incorporated at the state level in the U.S. The process will vary from state-to-state, but generally involves two steps: applying to register in that particular state, and establishing a registered agent with a valid address in that state (no PO Box numbers). A registered agent can be either the business owner or another person who is authorized to receive legal papers on behalf of the business, such as an attorney or secretary.
• The rest of the steps to starting up are similar to those that an American citizen would take. The breakdown of 10 Steps to Starting a Business includes information on naming your business, requirement licenses and permits, and tax matters.

Importing Goods into the U.S.:

• The Department of Commerce's Trade Information Center provides information and web links to importation procedures.
• Working with a licensed customs broker could be a valuable asset to your import plan. A customs broker prepares all the documentation required for importing goods. To learn about laws and regulations applying to custom brokers, including licensing requirements and importing procedures.
• Many imported and exported products are regulated by federal agencies and may require specific licenses and permits.

U.S. Tax information for Foreign Businesses:

• The U.S. tax code can be confusing even to life-long citizens. Violation of any tax—sales, payroll, income, etc.—can incur fees and penalties. The IRS offers a guide specifically on International Business, but if you are still left with more questions, it is always safe to check with a qualified attorney or accountant.
• U.S. citizens will likely need an Employment Identification Number to start up, a process that requires their social security number (SSN). In the case of foreign businesses, an Individual Taxpayer Identification Number (ITIN) will suffice. The IRS issues these 9-digit tax processing numbers to individuals who are required to pay US taxes but who are ineligible for a SSN, including resident and non-resident aliens and foreign nationals.
• You may be required to file IRS Form 5472, which applies to US corporations with at least one foreign owner who owns 25% of shares, to account for the nature of monetary transactions.

Types of Business Visa in USA

You can start and own a US company without a visa, and without even coming to the US. Opening a bank account for your business is more difficult, but often can also be done from outside the US (no guarantees!). Managing an LLC from outside the US is allowed, but may be not be permitted within the US without a valid work visa. Being a director, as well as a shareholder, of a US corporation is allowed without any kind of visa, but being an officer and performing your duties within the US is generally not allowed. Working for your corporation or LLC within the US without a valid work visa is not allowed.

If you are planning to come to the US to start a business, you will need to have one of the various types of US business visas. Without a visa, you can be the owner or manager of a US company, but you cannot legally work before. If you do work for your own company without the proper visa, you can be deported without right of return, and your company can be fined for hiring an illegal alien.

Types of Business Visa

Name	Description	Length	Limitations
B1	Short term business visa Not allowed to sign contracts or perform work for  hire	Temporary, up to 6 months	Can negotiate but cannot sign contracts
B2	Short term Tourist visa	Temporary, up to 6 months	Can negotiate but cannot sign contract
E-1	Treaty trader visa. Good for setting up a business that will trade with the visa-holder’s home country. Must be with a country with an appropriate treaty with the US	Temporary, can be renewed until business is no longer in operation	Is only valid as long as there is a business. Children  under 21 cannot work, and lose their status once they turn 21
E-2	Treaty investor visa. Allows a citizen of a treaty country to come to the US to start a business	Temporary, can be renewed until business is no longer in operation	Is only valid as long as there is a business. Children  under 21 cannot work, and lose their status once they turn 21
EB-5	Investor Green Card program. Requires an investment of $500k to $1MM, must hire at least 10 US residents within 2 years and survive more than 5 years	Leads to permanent residence after probation period
L-1	Intercompany transfer visa. Allows holder to transfer from foreign company to a US company subject to restrictions	One year, with up to 3 extensions	Employee must have worked for foreign, related company for more than one year in the last 3 years
H-1B	Specialized labor visa	Three year, extendable	Annual quota restricts number of visas available. Cannot be used for self-employment.
O-1	Extraordinary Ability visa	Up to three years, extendable	Must be able to document extraordinary ability
TN	NAFTA temporary work visa	Up to three years, extendable	Cannot be used for self-employment

Arrange a US Physical Business Address or Virtual Office

If you would like to receive business mail, client mail, etc. at a US address or if every bank that you contact requires you to have a separate physical US address (that is not the same as your Registered Agent), then you'll need to arrange for a "mail forwarding" and/or "virtual office" service. There are many such services in the US, many of them are based in the above-mentioned states of Delaware, Nevada and Wyoming. Some provide options including weekly or monthly forwarding, online tracking of documents and some may be able to provide you a US phone number as well.

Open a US Bank Account If you want to accept US payments, open a US merchant account, or open a physical branch office in the US (or for any other purpose), then you'll need to open a US bank account. Unfortunately, this has become significantly more difficult in recent years due to various US anti-terrorism laws, but there are still several options (depending on your home country) that may make this process easier.

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New York, California - USA

S & F CONSULTING FIRM LIMITED