What is the procedure for Company Registration in the USA?

To set up your Business as a registered Corporation in the United States of America, the aspirant must follow the below-stated procedure. The procedure mentioned is registering a Corporation as a Limited Liability Company in the USA. Let us explore the procedure for Company Registration in the USA in detail.

How to establish a Business in the USA?

Setting up a Business in the USA as a Foreigner

Choose & Reserve a Company Name for registration in USA 

Firstly, the registration applicant must decide on the name of its Corporation to register it with the US Corporate Authority.

Here are some of the recommendations for choosing and reserving a trading name for your Company in the US:

• A company name must be unique
• A company name must be dissimilar to any pre-existing company name in the USA
• After choosing the name, register it as per the available repository at USPTO Office to ensure effective registration of the Company’s name
• The Name Search requires dedicated research because of strict patent rights
• US Laws are strict regarding the IPR protection of a registered Corporation

 

Choose the suitable Corporate Structure for your Proposed Company

The applicant’s promoters must choose an appropriate structure for the Company. He can decide on a suitable business structure based on the following parameters:

• Target Demographic
• Commercial Activities
• Taxation Structure in the chosen Jurisdiction

The promoters must also decide which business structure would achieve their objectives as per their proposed business activities.

 

Application filing for the Company Registration in the USA

The Company Registration applicant must file for the Certificate of Incorporation with the State Secretary. The certificate must contain the relevant information related to the applicant, such as:

• Chosen Trade name of the Business
• Objective of the undertaken Business
• Commercial Activities of the proposed Business
• Official Address of the Registered Office
• Official Address of the Headquarters
• Capital as well as Fee Structure of the Corporation

 

Appointing a Registered Agent for the Company

A registered agent is appointed to handle the responsibility for communication and other related inquiries on Company’s behalf. Following are some of the duties of a Registered Agent:

• He must be appointed as per the State of Incorporation
• Non-Resident Incorporation must also appoint an Agent
• Agent must be disciplinarily available during working hours
• He is also reliable for receiving as well as signing documents
• He must also attend to queries on Company’s behalf

 

Draft the By-Laws for the New Corporation

The US Authority mandates all newly registered corporations to prepare their By-Laws as per the stated regulations to act as internal rules or memos for operations for the Business’s internal functioning.

 

Appoint the First Directors for the new Company Registration in USA

Every new Incorporation must appoint its first directors after drafting the Bye-Laws:

• Director must hold the First Board of Directors Meeting after Incorporation. The Board will remain in position till the conclusion of their Shareholder’s First Annual Meeting
• The first directors can continue with their directorship after their period lapse

 

Assign the Company’s Stocks to the subscribed Shareholders

After the Director’s Appointment, the Company must issue individual stocks to its shareholders who invested in the Business.

 

Obtain the required permits for running an LLC in the USA

As per Company’s Corporate structure, the Company must obtain the licenses to carry out its commercial activities in the chosen province or state. The required permits must be acquired in time. Failure to get the permits can invite the imposition of heavy penalties from the State Authorities. 

To learn more about the Company formation in the USA and its  procedure on how to set up a Business in USA, connect with the Incorporation Experts at Registrationwala. We are one of the leading Legal Consultancy Firms in North America.

Also Read: Company Registration in Canada: Why must you opt for it?