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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Q. Does BizFilings provide Mail Forwarding Service itself?
A. BizFilings has partnered with Easy Corp Ltd. to provide Mail Forwarding Service in Delaware and Forward Nevada to provide Mail Forwarding Service in Nevada. Both providers are commercial mail receiving agencies. Easy Corp Ltd. has been providing Mail Forwarding Service in Delaware for 10 years. Forward Nevada has been providing Mail Forwarding Service in Nevada for 15 years. We believe these companies will provide the high-quality Mail Forwarding Service BizFilings’ customers deserve.
For customers who add Mail Forwarding Service to a business formation order for the State of Delaware or the State of Nevada, you will initiate the order process and pay the initial 12-month Mail Forwarding Service fee to BizFilings. You will then complete the order process, provide the necessary documentation, and keep a credit card on file with the applicable Mail Forwarding Service provider.
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Q. What information is required to initiate Mail Forwarding Service?
A. The United States Postal Service (USPS) has strict requirements that it imposes on legitimate mail receiving agencies and the customers who utilize Mail Forwarding Service. Each customer must complete and sign USPS Form 1583 (Application for Delivery of Mail Through Agent) and must provide two valid forms of identification, one of which must include a picture. Additionally, each of BizFilings’ Mail Forwarding Service providers has a service agreement Mail Forwarding Service customers must sign.
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Q. What information is required to initiate the Bank Account Introduction Service?
A. To conform to the requirements of the United States Patriot Act and the requirements of the individual bankers, you must provide a number of items in order for our partner, Easy Corp Ltd., to open a business checking account on your behalf. Requirements include:
- A clear copy of a valid passport
- A clear copy of a second form of identification (such as driver’s license or national ID)
- A clear copy of a recent utility bill (in English) displaying your name and current local address
- A bank reference letter (in English) from your local personal banker stating how long you have held a bank account with that bank and confirmation that your account is in good standing
- A clear copy of the letter from the Internal Revenue Service (IRS) confirming your Federal Tax Identification Number (EIN) – Federal Tax ID Number (EIN) Obtainment is included with BizFilings Complete Formation Service, or can be added to a Basic Formation Service, Standard Formation Service, or Formation for Non-US Citizens order
- A clear copy of your Certificate of Incorporation or Certificate of Organization – A certified copy of the formation documents is included in BizFilings’ Complete Formation Service, or can be added to a Basic Formation Service, Standard Formation Service, or Formation for Non-US Citizens order
- If your company has been in business for more than six months, a clear copy of a Certificate of Good Standing from your state of formation will also be required – BizFilings offers a Certificate of Good Standing obtainment service
- If the names of the individuals who will have access to your business checking account are not listed in the Certificate of Incorporation or Certificate of Organization, a clear copy of your company’s bylaws or operating agreement must be provided that lists these individuals
- A minimum deposit of $100
All Bank Account Introduction Service customers will be screened against the Office of Foreign Assets Control’s Specially Designated Nationals list and all documentation is checked and identification verified with the appropriate Embassies.
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Q. What is the monthly administrative and compliance fee?
A. The $147.50 monthly fee charged by Easy Corp Ltd. covers all due diligence and compliance work that Easy Corp Ltd. has to do to keep the accounts it establishes with the banks open. This fee is debited on 1st of every month directly from your bank account.
Easy Corp Ltd. ensures that the documentation required by the banks remains valid through the life of the account. Easy Corp Ltd. verifies the validity of your local address each month, and the banks also ask that Easy Corp Ltd. verify other activities on your behalf, such as verifying bank card transactions or bank transfers.
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