United States · Company Registration
Entity types, registration process, required documents, costs, and official registries.
AI-drafted, editorially reviewed. Confirm specifics with the official authority.
Setting up from abroad
- Usual entity for foreign founders
- LLC
- Non-resident can be sole director
- Yes
- Can be completed remotely
- Yes
Filed with the Division of Corporations, with a Delaware registered agent that every entity must have.
Official registry: corp.delaware.gov
Indicative costs and timing — Richbay estimates, not official figures
- Min. capital
- None
- Government fee
- $90
- Typical processing
- 1 business day
- Annual compliance
- $800
Delaware LLC: low setup fee plus an annual franchise tax; a non-resident single-member LLC can be a disregarded entity.
There is no federal company registry in the U.S. — you form a company (usually an LLC or C-corporation) at the state level, most often in your home state or Delaware. Formation is fast and online in most states; you then obtain a federal EIN from the IRS for tax and banking.
In the United States, companies are registered at the state level with each state's Secretary of State — there is no single national business registry; a federal Employer Identification Number (EIN) is then obtained from the IRS.
- Common structures are the LLC, C-corporation and S-corporation; Delaware is a popular state of incorporation.
- Formation is filed with the chosen state's Secretary of State; requirements and fees vary by state.
- An EIN from the IRS is needed for tax, payroll and opening a bank account.
- 1
Choose an entity type and state
Decide on a structure (usually an LLC or a C-corporation) and the state of formation — your home/operating state, or Delaware for its established corporate law. A company formed in one state still registers as a "foreign entity" wherever it actually operates.
- 2
Clear and reserve a business name
Check the name is available on the chosen state’s Secretary of State business database and complies with that state’s naming rules; reserve it if the state allows.
- 3
Appoint a registered agent
Name a registered agent with a physical street address in the state of formation to receive legal and state notices on the company’s behalf.
- 4
File the formation documents
File the Articles of Organization (LLC) or Articles of Incorporation (corporation) with the Secretary of State and pay the state fee; most states process filings online within days.
- 5
Obtain a federal EIN from the IRS
Apply for the Employer Identification Number — free and instant online with an SSN or ITIN, or by fax/mail on Form SS-4 for foreign founders who have neither.
- 6
Set up compliance and banking
Adopt an operating agreement (LLC) or bylaws (corporation), obtain any state or local licences, check the current FinCEN beneficial-ownership reporting requirements, then open a U.S. business bank account and register for state taxes.
- Chosen entity type (LLC / C-corp / S-corp) and state of formation
- Business name cleared on the state’s Secretary of State database
- Registered agent with a physical address in the state
- Articles of Organization / Incorporation + state filing fee
- Federal EIN from the IRS (Form SS-4 if no SSN/ITIN)
- Operating agreement (LLC) or corporate bylaws
- Any state or local business licences for your activity
- Current FinCEN beneficial-ownership reporting checked
- U.S. Small Business Administration (SBA)
Official guide to state-level business registration.
- IRS — Employer ID Numbers (EIN)
Apply for a federal EIN.
Frequently asked questions
Which state should I incorporate in?
Many businesses register in their operating state; Delaware is popular for its business-friendly law and courts, but out-of-state companies still register as 'foreign entities' where they operate.
Do I need to be a U.S. resident to form a company?
No — non-residents can own and form U.S. LLCs and corporations, though you'll need an EIN and often a U.S. business bank account and a registered agent.
What is an EIN?
The Employer Identification Number is a free federal tax ID from the IRS used for taxes, hiring and opening a business bank account.
Government portals
- The White House — Official residence and office of the US President — executive orders, policy briefings, press releases
- U.S. Department of State — US passport and visa services, travel warnings, embassy information worldwide
- Internal Revenue Service (IRS) — Federal tax filing, refund status, ITIN/EIN applications, and Free File program
- USCIS — Green card, H-1B and work visas, naturalization, immigration benefits, and case status