Setting up a US company as a Non-US Resident

Save Your Company Thousands (or Millions) of Dollars With A Complimentary Needs Assessment

It is very fast, simple and inexpensive to set up a US company, but if it is done wrong it can be extraordinarily expensive to fix, and not getting the details right could potentially lead to jail time. Being careful and thinking through all of the details before jumping in is critical to creating a successful business in the world\’s largest single market.

USA Corporate Services Inc. has been serving the International Business Community since 1983, by helping foreign businesses get a successful start in the USA.

First, it is important to have a plan of action, and determine the goals you are seeking to achieve.

From this plan, you are in a better position to discuss such matters as:

• Where to locate your business
• Your budget for building a structure
• 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

At USA Corporate Services, we have over 25 years experience helping foreign firms set up businesses in the USA. We will take the time to discuss your needs with you and, after discussing your goals with you, will offer our consultation and assemble the experts you need to achieve your goals.

To get your free consultation, please click on the LivePerson chat icon or use our confidential online request form.

Setting Up a US Subsidiary

At USA Corporate Services, we provide you with experienced, friendly assistance to help your new business start off successfully. The first step to a successful start is learning the processes involved in setting up a new business, or a new subsidiary of your exiting business. We provide you with a one-stop resource to help you with all aspects of setting up a business.

Generally speaking, there are two distinct types of entities used for business purposes: the corporation and the limited liability company (LLC). The corporation is a sui generis entity, legally separate and distinct from its shareholders, and a creature (and legal citizen) of the State of its incorporation. As a statutory person, it can only be terminated by an action of the State of its incorporation.

The other entity is the limited liability company, which is essentially derived from partnership law with corporate characteristics. As such, it is not truly separated from its owners (the "members") and can be terminated by any number of occurrences without action by its State of origin. The LLC is a much newer innovation, and many aspects are still being determined by the courts and the tax authorities.

Summary of Features - Business Corporation

• Owned by shareholders. Proporation of ownership is determined by the relative number of issued voting shares controlled by the respective shareholders.

• Liability of shareholders limited to amount of capital invested.

• May (but need not) have perpetual existence.

• A completely separate entity from its owners.

• Governed by by-laws, which are largely determined by the laws of the jurisdiction. Many formal procedures must be followed to conform to the corporate statutes.

• Administered by Directors (who are elected by the shareholders for specified terms), and managed by Officers (who are appointed by Directors). Directors are empowered to determine the value of non-cash contributions in exchange for stock in the corporation.

• A citizen of the jurisdiction in which it is formed, and must follow the corporation laws of that jurisdiction.

• Can own shares of other corporations and be a member of limited liability companies, in the same or other jurisdictions.

• Shareholders in a "C" corporation can be US or non-US resident individuals, corporations, LLCs, trusts (domestic or foreign) or other entities. Directors must be natural persons, and are (within limits) personally liable for the actions of the corporation.

• "C" corporations are must file an annual federal tax return and are liable for taxation on their worldwide income.

Summary of Features - Limited Liability Companies (LLCs)

• A citizen of the jurisdiction in which it is formed, and subject to the laws of that jurisdiction.

• Can be a member of other LLCs or shareholder in other corporations.

• Members can be US or non-US resident individuals, corporations, LLCs, trusts (domestic or foreign) or other entities.

• Managers can be US or non-US resident individuals or corporations, but the laws o fthe different jurisdictions may restrict other types of entities from being designated as managers.

• Enjoys flow-through taxation at the Federal level. Some States tax LLCs as corporations, but New York LLCs, Delaware LLCs, Nevada LLCs and Wyoming LLCs all use flat annual fees instead.