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Procedure for Corporation Registration in the USA | How to Register a Company in USA? | Enterslice



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1. Choosing a desired name for the corporation -
As a business owner, you need to decide the name of your prospective corporation to be registered in the USA. Such name should be a unique name and should not be similar to any other name of a pre-existing corporation in the USA. Choosing a unique name and registering your IPR according to the repository available at USPTO is key to ensuring registration of your corporation.

2. Choosing an appropriate business structure for the corporation-
The promoters of the corporation are also required to choose an appropriate business structure for the corporation. The business structure should be chosen on the basis of the target audience, commercial activities to be undertaken, taxation structure of the corporations in a particular jurisdiction etc.

3. Filing the certificate of incorporation -
The promoters of the corporation are required to file the certificate of incorporation with the Secretary of the respective state. The certificate contains the important information related to the corporation, viz.

4. Appointment of a Registered Agent -
A registered agent is a person/entity that resides in the State of incorporation and takes full responsibility for handling communication and other business-related inquiries. Non-resident Corporation must name a registered agent who is available during working hours and may receive and sign documents and attend queries in the business's name.

4.Preparation of by-laws for the corporation -
The corporation is also required by law to prepare the by-laws for the corporation which shall act as the internal rules or ground rules for the internal functioning of the corporation.

5.Appointment of the first directors -
The incorporator i.e. the person who has signed the papers of incorporation has to appoint the first directors of the corporation and accordingly hold the first board meeting of the corporation. These appointed directors shall remain the directors of the corporation till the conclusion of the first annual meeting of the shareholders.

6.Distribution of stocks of the corporation to every shareholder -
Thereafter the stocks are issued by the corporation to every shareholder that has made investment in the corporation.

7.Obtaining the business permits and licenses for the corporation-
As per the type of the business entity, you need to obtain licenses and permits required to carry out your business in a particular state. This is a mandatory requirement which, if left unmet, may lead to imposition of heavy penalties.
Post-Incorporation requirements for a Corporation in the USA
Once a corporation has been registered, there are a few more responsibilities that are required to be undertaken. These are called post registration compliances. We will discuss some general post #registration requirements, although there may be some other guidelines also that a particular state in the #usa may prescribe.

1.Obtaining EIN/FEIN -
FEIN stands for Federal Employer Identification Number. It is a number issued by the Internal Revenue Service of the USA. The EIN will be required by the Corporation's Owner in case one needs to open a bank account in the name of the company. However, one needs to check with the local banks to see if banks require EIN to open a bank account.

2.Opening of a bank account in the name of the corporation -
For handling domestic clients, it is advised to open a US bank account. In the case of foreign ownership, after obtaining EIN/FEIN, a corporation can open a bank account in the USA. It is also advised to open a bank account in the owner's home country.

3.Registered Phone number-
Every #corporation must have a registered phone no. which is open to receive calls and communication. It is the responsibility of the management to check that the line is operational and working during the business hours of the corporation.

4.Filing of the annual tax returns of the corporation -
Thecorporation is required to meet all the tax requirements of the corporation which have arisen along with the associated compliances that are due to be met by the corporation.

5.Filing of Form BE 13 -
For the companies that have Non-Resident partners or are owned by non-residents, they must fill up the questionnaire, known as Form BE-13, with the Bureau of Economics and Statistics. This is a crucial step as non-adherence invites a heavy penalty of 2500 USD. This is specifically for foreign investors and not for domestic partners or corporations

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