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Globes America is proud to be a world leader in assisting Non US Residents with expanding their business to the US.
This objective of this guide is to provide you ALL the information you need to know before you order our services.
As the #1 Ranked US Incorporation Firm we setup the industry standards. Therefore, we believe it is important to be transparent to our clients and make sure you understand the process, requirements, time frame, fees and documentation involved.
Please review the guide carefully. Should you have further questions or inquiries please contact our customer support representatives.
We suggest you review the steps below to better understand the US Incorporation Process, Requirements and Documents:
Step 1 - General Questions
Step 2 - Requirements to form a US Company for a Non US Resident
Step 3 - How to choose the company type and State of Incorporation?
Step 4 - Tax ID number = EIN - Employer Identification Number
Step 5 - Registered Agent and Registered Address
Step 6 - US Business Address / Mail Forwarding
Step 7 - Bank Account for your US Company
Step 8 - Merchant Account for your US Company
Step 9 - Supporting Your US Company - Tax, Accounting & Reporting Service
Step 10 - The Incorporation Process & Documents you will receive
Still have questions? Chat with our Online Customer Service Representatives
Step 1 - General Questions
Q: I am not a us resident. I am not a US citizen. I am not living in the US. I don't have a visa to the US. I don't have a social security number. Can I own a US Company (LLC -Limited Liability Company, Corporation or Non Profit Organization)?
A: Yes! As a non-us resident you can form an LLC in Delaware or any other state.
Q: I am a Resident / Citizen of UK, Germany, France, Italy, Spain, Australia, Austria, India, China, Indonesia, Malaysia, Israel, Turkey, Europe, Asia… Can I setup a USA LLC or Corporation?
A: Yes. There are no restrictions on ownership of a USA LLC or Corporation. Resident and Citizens of any of the countries mentioned above and any other country can form an LLC or incorporate a Corporation.
Q: Can I be a sole owner of a US Company? Can I be the only shareholder of a US LLC or Corporation Corporation?
A: Yes! You can be a sole member or the only owner of a US Company. It means that an LLC can have only ONE owner = one member. A Corporation can also have only one shareholder. Both LLC & Corporation can have only one owner and this one owner can be a non-us-resident without social security number.
Q: Can one person be an officer and director. Can the officer or director be a non-us-resident?
A: Yes, one person (U.S. or foreign) can be the President, Secretary, Treasurer and Sole Director of a Corporation, without disclosing the name or names in the Certificate of Incorporation. (Note: the Director or Directors are allowed to amend the bylaws of the Corporation).
One person (U.S. or foreign) can also be the owner and managing member of an LLC.
Q:
Do I need a US person to be a partner / Shareholder / Director in the US Company?
A: No, you don't need a US person to be your partner, shareholder or director of the US Company.
Q: We are few partners (non-us-persons). Can we be the shareholders of the US Company?
A: Yes. a US Company can have as many shareholders as you want. they ALL can be non-us-residents.
Q: I own a company in my country. Can the company be the shareholder of the US Company? Can the US Company be a subsidiary of my local company?
A: Yes. your local company can be the owner of the US company, therefore the US company will be a subsidiary of your local company.
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Step 2 - Requirements to form a US Company for a Non US Resident
Q: What are the requirements from a foreign citizen, non-us-resident without a social security number to form an LLC in Delaware or in the US?
A: you will need to forward us a scanned copy of your photo ID (passport or other official government issued photo ID such as driving license) and a proof of your home address in your county. Once we receive your order, we will email you a confirmation and ask you to scan and forward us your passport via email.
Q: Do I need to be present in the US to form the LLC or incorporate a US or Delaware Corporation? Do I need to come to the US to register a US LLC or Corporation?
A: No! You don't need to be present in the US or come to the US to register a US Company, LLC or Corporation. All the communication will be done via email. We will forward you all the documents you will need to sign as PDF files. you will have to print, sign, scan and email the documents back to us to enable us register your US company, obtain EIN (tax ID number) and issue all the corporate documents which will also be emailed to you as electronic files.
Q: Do I need to have a US Address to form a US LLC or incorporate a Corporation?
A: No! You don't need to have a Delaware address or any US Business address. We will provide you with US or Business Address and Resident Agent Service to enable you form an LLC or Incorporate a Corporation. You will need to order our US Business Address & Mail forwarding service. Periodically, we will forward your mail to your home address (shipping cost will be charged) or scan & email them to you (free).
Q: Do I need to maintain a US office or Employ workers to be able to own an LLC?
A: No! You don't need to maintain a physical office or to employ workers in the US to own a US LLC or Corporation. The LLC or Corporation may use the US business address we will provide or you may engage a "virtual office" if you wish to.
Q: Are there any minimum capital requirements? Do I need to invest a minimum amount of USD to form a US Company?
A: No! There is no minimum capital requirement to incorporate a Corporation or form an LLC. It means, you may form an LLC or Incorporate a Corporation with any investment amount you wish or no capital at all.
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Step 3 - How to choose the company type and State of Incorporation?
Q: What types of US Entities I can choose from to setup my US Company?
A: Non-US-Resident has the following options to setup a US Entity:
1. C. Corporation, known as XXXXXX, INC.
2. Limited Liability Company, known as XXXXXX, LLC.
3. Non Profit Organization, know as not for profit corporation
Q: What is the difference between a Delaware Corporation and a Delaware Limited Liability Company (LLC)?
Like a Corporation, a Delaware LLC offers limited liability to its owners. Unlike a Corporation, however, an LLC is taxed as a Partnership or Sole Proprietorship (unless the LLC elects to be taxed as a Corporation). This allows an LLC to pass all its income and losses through to the owners.
Furthermore, the LLC has an advantage over a C-Corporation which makes an S-Corporation tax election because the S-Corporation can only have 100 stockholders and the stockholders cannot be Corporations or non-U.S. citizens.
Q: Where Can I learn more about the Limited Liability Company known as LLC?
A: The US LLC is a unique business structure which allows a person or persons to operate their business without putting at risk their personal assets through limiting their liability. It provides the owners with a legal protection for their personal assets without the complexity of the commonly used corporation. A corporation is a company limited by shares, while an LLC does not issue shares and its owners are referred to as members.
Click Here =>> A Guide for Non US Resident / Foreign Member on US - Limited Liability Companies (LLC's)
Q: I want to understand the differences between a US LLC and a US Corporation.
A: As a non-usa-resident, what is better for me, Corporation or LLC? What are the differences between a US Corporation to a US LLC? What are the requirements for a corporation and what for an LLC?
Click Here =>> A Guide for Non-US-Resident C. Corporation v.s. LLC (limited Liability Company)
Q: How do I choose in what state I should register my US Company?
A: The US is a federation of 50 States and District of Columbia (D.C.) You can register your US company in any state you want. The basic rule is: incorporate in the state in which you are doing business. If you don't have any physical presence in any state (physical office or employees)you can choose to incorporate your US Company in any state you want.
Corporations that do business in more than one state, or corporations that may eventually "go public", may wish to consider the benefits of incorporating in a state with more favorable corporate laws than the state in which they are headquartered.
A corporation that is incorporated in the laws of one state, but does business within another state, is considered to be a "foreign corporation" in that second state. Corporations must register to do business in each state in which they operate, and there are filing requirements and fees associated with registration.
Q: I have heard that Delaware State is a great choice to incorporate my US Company as a Non US Resident. Why?
A: As of 2007, Delaware State in the USA is ranked as the first choice of offshore territories in the world heading Switcherland and Luxemburg ranked second and third. In Delaware, there are more than 700,000 active companies, 50% of them are publicly trade. Every year, thousands of international businesses incorporate a Delaware Corporation or Delaware LLC with Non-US-Resident Shareholders.
Click Here =>> Delaware USA – Limited Liability Company as an Offshore Company Solution
Due to the many requests from our clients, we have publish a FAQ Guide for Non US Residents to understand the incorporation process in Delaware State. Here you will find answers to most of the questions you may have in reference to setting up a Delaware LLC or Corporation.
Click Here =>> Why Incorporate or Form an LLC in Delaware for a non-US-Resident?
Q: I am not sure what type of company is suitable for me. What should I do?
A: If you are not sure what type of entity to choose or what is the best state of incorporation for your business don't worry. The first step in our Incorporation Package is a "Pre-Incorporation" Consulting Session.
During the session, with the professional assistance of our Incorporation Specialist / Tax Advisor you will be able to reach decisions on major issues related to your Incorporation Process:
1. What type of entity will fit your business needs
2. Where to Incorporate your US Entity
3. Who will be the shareholders (Foreign Individuals or Foreign Companies) 4. Tax Planning - How to minimize your US Tax Liability 5. What will be your Filling & Compliance Requirements in the US
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Step 4 - Tax ID number = EIN - Employer Identification Number
Q: What is EIN?
A: EIN stands for Employer Identification Number. Employer Identification Numbers can also be referred to as Federal Employer Identification Numbers (FEIN), Tax Identification Numbers, and Federal Tax Identification Numbers (FTIN). EIN=Tax ID Number = FEIN = FTIN
Q: If I Incorporate a US Company (Corporation or LLC), do I need EIN?
A: An EIN is issued to all corporations established in the US. The EIN is analogous to a Social Security Number (SSN). It is a way for the federal government to examine the status of any corporation operating inside the US. Any legal document sent to any branch of the federal, and sometimes a state, government requires one to list an Employer Identification Number.
Q: Who must retrieve EIN?
A: Every US Corporation or LLC must retrieve EIN and register with the IRS (Internal Revenue Service). The EIN will serve you if you have employees, if you need to file tax return or employment returns, if you withhold taxes on income, other than wages or paid to a non-resident alien.
Q: In order to open a bank account, do I need EIN?
A: Yes! The bank will require your EIN Confirmation Letter issued by the IRS showing your company name and Tax ID Number (EIN).
Q: Do you provide the service of obtaining EIN for my US Company?
A: Yes! all our US Incorporation Packages include EIN Processing and EIN Confirmation Letter.
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Step 5 - Registered Agent and Registered Address Q: What is a Registered Agent?
A: Every Company (LLC or Corporation) in the United States required to designate and maintain a "Registered Agent". This person or company may be known as the "Resident Agent" or "Statutory Agent". The purpose of a Registered Agent is to provide a legal address (not a P.O. Box) within the state of incorporation where there are persons available during normal business hours to facilitate legal service of process being served in the event of a legal action or lawsuit. Generally, the registered agent is also the person to whom the state government sends all official documents required each year for tax and legal purposes, such as franchise tax notices and annual report forms.
Q: Does the Registered Agent have any authority or power over my US Company?
A: No. The only role of the registered agent is to receive legal documents on behalf of your company and forward to you. The agent is not a director or officer of the company and has no power or rights in the company.
Q: Do I need to renew the registered agent every year?
A: Yes. the initial engagement of the registered agent is for one year (12 calendar months). Then, you will need to renew the registered agent every year.
Q: Do you provide the service of Registered Agent for my US Company?
A: Yes! all our US Incorporation Packages include Registered Agent service for your US Company.
Q: Do I need to renew the business agent every year?
A: Yes. the initial engagement of the US Business Address & Mail Forwarding is for one year (12 calendar months). Then, you will need to renew the registered agent every year.
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Step 6 - US Business Address / Mail Forwarding Q: Why do I need a US Business Address?
A: You may use the business address to receive mail (letters) for your US company from state and government agencies, tax letters and notices, invoices from suppliers and vendors and customers.
Q: Do you forward my mail to me?
A: Yes. We forward your mail usually every 2 weeks. You can choose the forwarding method: 1) Scan & email (free), 2) Mail (you pay the shipping cost).
Q: What happens if I receive an urgent letter or package?
A: You can notify our mailing department with details on the urgent mail item to enable us forward it to you immediately.
Q: Do you provide the service of US business Address & Mail Forwarding for my US Company?
A: Yes! all our US Incorporation Packages include US Address & Mail Forwarding service for your US Company.
Q: Can I use the Registered Agent's address to receive mail for my US Company?
A: No. The Registered Address can only be used for the purpose of Service for Process (serving legal documents to the company). It can't receive any mail or forward any mail to you. You should have a US Business Address / Mail forwarding for your US Company in addition to the Registered Address (see Step 5).
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Step 7 - Bank Account for your US Company Q: As a Non US Resident can I open a business bank account for my US Company?
A: Yes. There a few banking options available to Non US Residents to open a business bank account to their US LLC or US Corporation or Non Profit Organization.
Q: Do you assist in opening a business bank account?
A: Yes. We offer Bank Account Introduction and submission service to assist our clients open a business bank account. All our US Incorporation Packages include Bank Account Introduction & Submission Service.
Q: What are the banking options available to my US Company as a Non US Resident?
A: We offer two types of bank account introduction & submission for US LLC:
1. If you are a technology company* we can assist you with opening a bank account with a US Bank without been present in the US.
2. If you are NOT a technology company, we can assist you with opening a bank account with a US Bank, however you will have to sign in person at the bank (in the US).
3. If you are NOT a technology company and don’t wish to come to the US, we can assist you with opening an Offshore Bank Account for your US LLC (in Seychelles, Isle of Man, Gibraltar & Cyprus).
* Technology company:
(1) Please note that only the banks running the tech client program can approve your company as a technology company. If the bank will not approve, you will have to follow the other 2 options.
(2) to be approved as a technology company you should meet the following criteria
(a) Registered Patent for a unique technology / software / internet platform the company has developed and own as an Intellectual Property (IP)
(b) the company is backed by Venture Capital Funding and plan to go public or have a new financial round (fund raising).
Q: What banking services and features available using the business bank account?
A: The banks we work with offer online banking system with the following features:
a. Online banking system that allows you review and manage your bank transactions
b. Incoming and outgoing Wire transfers
c. Incoming and outgoing International Wire transfers
d. Debit / Credit card to the owners
e. Check book and online billing capabilities
f. Customer Service and personal banker
Q: What banks are available to me?
A: We work with many US and International Banks which offer banking facilities to US companies owned by Non US Residents. PNC Bank, Citibank, Bank of America, Chase JP Morgan, Wachovia, Commerce Bank, Wilmington Trust, SVB, Barclays, Wells Fargo and more.
Q: What are the differences between US Bank Account and USD Offshore Bank Account?
A: US Bank Account is located in the US v.s. Offshore Bank Account which is located outside of the US (mostly in offshore territories). US bank account is subject to US financial and banking laws v.s. Offshore Bank Account which is subject to the banking laws of the county where the bank is located.
US Bank Account has a ROUTING NUMBER which is a domestic ID Number. Using the routing number you can link the account to Paypal, Amazon, Apple, Authoirze.net and other US third party financial institutions. Offshore Bank Account has an IBAN NUMBER which is international ID Number.
Using the IBAN you can receive international wire transfers to your offshore account from any bank account worldwide.
US Bank Account can be linked to a domestic US Merchant Account v.s. Offshore Bank Account which can be linked to international merchant account.
US Bank Account can only be a USD account v.s. Offshore Bank Account which can be a multi currency bank account and can be managed in USD, EUR or other available currencies.
Q: What are the requirements to open a business bank account for my US Company?
A: In order to apply for a business bank account you will have to provide the bank the following documents:
1. Valid Passport (account signer)
2. Proof of Address (account signer)
3. Certified Articles of Incorporation / Formation*
4. Bylaws / LLC Operating Agreement*
5. EIN Confirmation Letter*
6. US Business Address* 7. Utility Bill
* If you incorporate your US Business with Globes America, we will provide items 3-6. You will need to notarize the above mentioned documents.
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Step 8 - Merchant Account for your US Company Q: What is a merchant account, and do I need one?
A: A merchant account is set up with a financial institution to allow you to accept credit card payments directly from your clients. Unlike with most third-party services, money collected through your merchant account is deposited directly into your bank account. You need a merchant account if you want to process credit card payments from your clients using your own business name, and having the money deposited directly into your business checking account.
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Q: Can I setup a Merchant Account for my US Company?
A: Yes. We offer two types of merchant account introduction & submission for US LLC:
1. If you are a have a social security number / credit history or a US person with such who may be a guarantor to the account we can assist you with opening a US Domestic merchant account.
2. If you do NOT meet the above mentioned criteria we can assist you with opening a USD International merchant account.
Please note:
1. The merchant provider will run a due diligence checkout on your business
2. You should be able to provide the information required (website, financials, policies, history, etc’)
3. We are NOT the merchant providers hence we have no authority to approve or decline your account. It should be clear to you that ONLY the merchant provider can decide on your account.
Q:
How do I accept credit cards online?
A:
You have two options for online processing. One is called "real-time", where your customers are actually connected to a server and their credit cards are charged immediately when they place their order. The other is off-line processing, where the credit card info for each sales is saved securely online and you must retrieve it and process the sale manually. If you are having trouble deciding which product to use, we will be happy to help.
Q: Why are there different rates for different accounts?
A: The rates for merchant accounts vary based on the amount of risk involved in the transaction. The accounts with the lowest rates will always be the ones where the customer is present and the card is swiped and a receipt signed in a face to face transaction. The credit card companies view these types of transactions to be fairly low in risk for fraud, whereas internet transactions and transactions where orders are taken by phone or mail are generally considered higher risk since the customer is not present and the card is not in hand.
Q: What is the difference between qualified, mid-qual, and non-qual transactions?
A: The type of your transaction effects the discount rate (know as merchant fees or transaction fees).
Qualified discount rate is applied for all transactions meeting the "normal" operating guidelines as outlined below:
* All Merchants Close batches daily
* Retail (Terminal) Merchants Magnetically swiped & electronically authorized charges
* Internet / MOTO Merchants Electronically authorize charges using AVS and including order numbers for Visa and MasterCard transactions
Mid-Qualified discount rate is applied for all transactions meeting the operating guidelines as outlined below:
* Retail (Terminal) Merchants Manually keyed orders using AVS & order number on Visa and MasterCard transactions.
* Internet / MOTO Merchants There is no mid-qual rate for Internet / MOTO merchants.
Non-Qualified discount rate is applied for all transactions meeting the operating guidelines as outlined below:
* All Merchants - Not Closing batches daily - Not using AVS & providing order numbers on manually keyed or Internet transactions for Visa Cards - High Risk Merchants (Visa Transactions Only) - Following Card Types: : Business and Corporate cards : MasterCard/Visa Business cards : Procurement cards (Government) : Visa Signature cards : MasterCard World cards
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Step 9 - Supporting Your US Company - Tax, Accounting & Reporting Service
Q: Do you continue supporting me after the Incorporation?
A: Yes! We will provide you Tax, Accounting and Business Consultation to assist you in keeping your US business in good standing.
Globes America™ Specializes in Tax Planning, Tax Return Preparation, Corporate Tax, Individual Tax, Franchise Tax, Sales Tax Management & Reporting, Employment Tax, Transfer Pricing & International Tax Management for Non US Residents Owned US Companies.
Our Tax & Accounting Department provides professional tax & accounting (bookkeeping) services to many successful US Companies owned by Non US Residents from all over the world. It is important you have a dedicated tax, accounting and business consultant to guide and assist you with your corporation or limited liability company on a daily basis.
You will have unlimited consulting from a dedicated CPA (Certified Public Accountant). Your dedicated CPA will make sure you file all tax returns required by U.S. Tax Laws & Regulations and guide you with every business step you wish to take. The package also includes monthly bookkeeping, financial statements and assistant in payroll management (should you need to employ in the U.S.).
Q: Can you prepare and file my Tax Returns?
A: Yes! We will alert you when ever is a due date to file tax return (Federal & State), prepare and file all necessary returns with the relevant authorities.
Q: Can you do my monthly bookkeeping?
A: Yes! You will forward us on a monthly basis your business documents (invoices, bills, bank statements, payroll). We will do your bookkeeping and generate monthly financial statements.
Q: Do you offer an annual tax service to maintain my US Company?
A: Yes.
Our CPAs (Certified Public Accountants) will advice you on USA Taxes, how to minimize them and will guide you through all the Tax filing requirements that your company is liable for. This will really give you peace of mind and the ability to focus on the business knowing that you are always in compliance with the US law. We offer a Annual Tax Filing Package which includes the following features:
Tax filing for LLC / INC:
->> LLC / INC State Franchise tax
->> LLC / INC Federal Income tax
->> LLC / INC State Income tax
->> Owner Federal tax
->> Owner State tax
->> Owner Tax ID Number
->> Complete Audit Support / Representation
->> Registered Agent
->> US Address
Click Here =>> Order our Annual Tax Filing Services for your US Company
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Step 10 - The Incorporation Process & Documents you will receive
Q: I want to order your service. How do I start?
A: You should order our services online. First, you need to choose the Incorporation Package.
Globes America offers "All in One"
Packages for the following business types
owned by Non US Residents:
1. Basic
Incorporation Package
2. US
Incorporation Package for Technology
Companies / Startup / Hi-tech
3. US
Incorporation Package for E-Commerce
Business
4. US
Incorporation package for Real Estate
Investors
5. GoGlobal ™
- Offshore
Company + USA Company + 2 Bank Accounts + US
Virtual Office + Merchant Account
Q: What happens after I submit my order?
A: Once you submit your order, you will receive a Secured Tracking Number and a copy of your order to your inbox. Your order will be reviewed by our Incorporation Team. We will charge the fees and send you a confirmation email. The confirmation will include your Incorporation Invoice with a breakdown of the services & fees associated with your order.
Q: What proof I will receive for my Company Registration?
A: Depending on the State of Incorporation we will forward you Certificate of Incorporation / Certificate of Formation ? Certificate of Association. Here are some samples of the certificate by state:
Delaware State Certificate
Florida State Certificate
Michigan State Certificate
Missouri State Certificate
Nevada State Certificate
New York State Certificate
New Jersey Certificate
Ohio State Certificate
Texas State Certificate
Washington State Certificate
Wyoming State Certificate
Q: What proof I will receive for my Tax ID Number (EIN)?
A: We will forward you your EIN Confirmation Letter from the IRS (Internal Revenue Service). The EIN Confirmation Letter will show the IRS Logo and information, your Company Name and Tax ID Number (EIN) and the date it was issued by the IRS.
Sample EIN Confirmation Letter
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Still have questions? Chat with our Online Customer Service Representatives
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