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How to form an LLC in United States of America

One of the important factor that needs to be considered before of formation of an US LLC is that the ability to get the visas to travel to the United States from India and open an bank account for the LLC in the United States that one is planning to form. It is needless to say that opening a United States bank account will make further things easy to start a business in United States and do business with organizations based in US.

However, it is to be noted that, formation of an LLC in United States does not provide authority and visa to work in United States. Further, once a bank account is opened, and then the next step will be to choose the state of LLC, Formation of LLC, A physical mailing address in United States, and a Employee Identification Number (EIN).

The details of the procedure have been provided below:

Steps to Form an LLC in United States
According to the US laws, It is not mandatory that a person who is forming a Limited Liability Company( LLC) must be a citizen of United States or a US company. In simple words, foreign companies and citizens are also eligible to form and LLC in United States.

The following are some of the steps for formation of LLC owned by a foreigner:

  1. Selection of a State
  2. Choosing the Name of the LLC
  3. Hiring a Registered Agent Service
  4. Filing of LLC with the State Selected
  5. Creation of an LLC Operating Agreement
  6. Getting an Employee Identification Number (EIN)
  7. Obtaining a Physical Mailing Address in United States
  8. Opening a Bank Account in United States

  1. Selection of a State
    While considering the state for formation of LLC in United States, the best way is to first pay attention to if the business will have a physical presence or office in that specific state. If the answer is yes, it is advisable that the LLC should be formed in that particular state. This ultimately helps to avoid the need to register the LLC as a foreign LLC and appointment of registered agents in different states.

    However, if the business does not require the aforesaid physical need then it is advisable to form the LLC within states that is without taxes, so that the business can handle only US federal taxes.

    The following are some of the states that must be considered:
    • Wyoming
    • Delaware
    • Nevada
       
  2. Choosing a Name for LLC

    Every state in the United States has their own set of rules regarding the selection of names that are allowed for LLCs. Generally, the following guidelines need to be followed while choosing a Name for LLC;
    • The name should include the phrase "Limited Liability Company" or any of the abbreviations such as LLC or L.L.C
    • The name must not include words that can lead to confusion for the LLC with an Government Agency such as State Department, Treasury, FBI and etc.
    • Restricted words must not be used. Some of the examples of the same are University, Bank, and Attorney etc. These words may be required some official paper work and a licensed person like lawyer or doctor to be a part of LLC.
    • It is mandatory to check if the URL is available. It is recommended that to check if the name of the business is available as a web domain. Although, there is no plans to have a website presently but the same can be required in future. Thus, it is advisable to buy the URL in case it is available to make sure that no one can acquire it later.
       
  3. Hiring a Registered Agent Service

    A registered agent is required to elect for formation of an LLC in the United States while forming an LLC. Most of the states must nominate a registered agent for formation of an LLC. However, the registered agent must be a resident of that specified state in which the business will be carried on.

    A registered agent is a person who involves itself for sending and receiving of legal documents on the client's behalf. These legal documents include legal summons, official documents and document fillings etc.
     
  4. Filing of LLC within the Selected State

    For filling an LLC officially, the documents need to be filled with the state. One of the common and important documents of this process is Articles of Organization which is also referred as Certificate of Organization or Certificate of Formation. The formation documents will mention the structure of the business.
     
  5. Creation of an LLC Operating Agreement

    In most of the States in United States, an operating agreement is not needed. However, it is advisable to have one. An operational agreement refers to a legal document containing the details of operating procedure and ownership of the LLC.
     
  6. Getting an Employee Identification Number (EIN)

    It is compulsory to get an Employer Identification Number (EIN), which is necessary for tax purposes. The EIN will be considered as the Tax ID for the LLC. A Individual Tax Identification Number (ITIN) or US Social Security Number (SSN) or a mailing address of United States is not required to get an EIN.

    However, the aforesaid identification numbers are required for IRS's online process of application to obtain an Employer Identification Number. There are various other options for non-residents business owners who can submit the application by mail or fax.
     
  7. Obtaining a Physical Mailing Address in United States

    A physical address in the state chosen is required as it is important to open a bank account in that specified state. Opening a physical office in the state in which the business will be formed is a way to get a physical mailing address.

    On the other hand, if a business does not need to open a physical office, still the business needs a mailing address in the state of the LLC. Some of the services such as Earth Class Mail can help to set up a mailing address in the United States that is required to open a bank account in United States.
     
  8. Opening a Bank Account in United States

    Opening a Bank account in the United States is one of the complicated parts of the process for the formation of LLC in United States. For the same, bank visit is required as according to the money laundering laws of United States, banks need to know their clients. This suggests that travelling to United States is required and visas are needed to do so. Opening a Business Bank account can be done once the formation of LLC is done and Employee Identification Number is received.

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