US Incorporation means the formation of entity in the United States of America. USA, especially Delaware authorises the formation of entity in United States by the residents of India. US Corporations also needs to take Employer Identification number (EIN) which is like PAN number in India. After formation, the US Corporation needs to comply with all the compliance requirement as per the law of United States like filing of Sales & Use Tax returns, Franchise tax returns and the Annual tax return.
A few considerations are necessarily needs to be made before you go ahead with the plan of starting a US Corporation. Ensure that you are ready with the decisions of the following points:
- Self Attested Copy of Passport
- Social Security Number, in case available.
- 1 Passport size Photo in softcopy
- Electricity Bill
Application check filing for Name Approval.
Preparation of Byelaws of corporation (Articles of Organisation).
Filings of documents along with Registered Agent Details.
Issuance of Certificate of formation.
Application filing for Employer Identification Number (EIN) with IRS
Allotment of EIN by the IRS.
Registered Agents are the businesses in US who represents the corporations in case of any legal actions or receiving fax or mails. Registered Agent is the mandatory requirement for the US Corporations.
In United States, either you may form the corporations or LLC. Corporations shall have “Inc.” as suffix in the name of corporations.
Corporate Seal is the common seal which is not mandatory in United States but it is highly recommended to obtain the same.
Having a Social Security number is not a mandatory requirement for the registration of US Corporations.
US Corporations does not need to appoint an auditor on mandatory basis until a threshold limit of sales.
No, physical presence is not required. Proper documents are needed to form a corporation in a soft copy which needs to be uploaded online at the time of formation of corporation.
Director and Shareholder may or may not be a same person so a person can be a shareholder without or with being a Director or vice versa.
The term founder of a company is not particularly defined by the law. Founders are generally the promoters of the corporations who set up the corporation in the beginning.
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