How Can You Form A Company In USA From India?

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LegalKart Editor 03 min read 843 Views
Last Updated: Nov 07, 2023
Company Registration In USA from India - LLC or C-corp?

Globalization, The New World Order

Globalization has become the new universal order. Businesspersons who wish to attain grand success have to employ strategies that promote their global growth as well. The new world order -- with more porous borders and lesser international restrictions and more positive policies that encourage business in different countries – has expanded the potential scope of the market for numerous businesspersons across the globe.  

Also, read The Unique Identity Of A Company Director As Per The Company Law

Business Expansion Into Foreign Countries

Thus, there are many Indian businesspersons who want to set up a company in foreign countries. And the most preferred country where many of them wish to expand is the United States. Well, if you are one of them and you wish to set up a company in the US or someone close to you wishes to do the same, we here present you the legal provisions that you can use towards that goal

We are here to tell you about the various steps and protocols. These will help you set up companies in the USA from India.

USA As The Market For Business Expansion

Well, the USA market is arguably the most developed market in the global expanse. If an Indian businessperson accesses and tries to explore the American market, he/she is likely to find a plethora of opportunities for expansion and growth. Well, if someone from India wishes to set up a company in the USA, he/she will need to follow the following protocols:

The Methods In Which An Indian Company Can Set Up Its Business In The USA:

  • This company can do all its operations from India, but it would set up in America.
  • All the functions and activities by this company will be done in India, except the brand building and marketing work, which would by done in the USA, by this company set up in the US.
  • This company in the USA will be a subsidiary of its Indian parent company. But it will do all its activities and various works in the USA.

You may also read What are the legal compliances required for a Start-up?

The Two Ways In Which You Can Enter The US Market

If you want to do business in India, you can do it in the following two ways:


Suppose you want to set up a company by procuring funding from venture capitalists, angel investors and so on, then you can go for C-corporation. Investors, bankers, supplies consider them more professional


It is a combination of partnership firms and corporation. Well, you are protected against a lawsuit by limited liability provision. The process here is quite similar to the process that takes place in the formation of LLP.

Herein, its compulsory to provide information about the agents of state formation. It is also required to give the various details of the companies and individuals who are working with the business. Deciding the name of the company is also mandatory.

Formation Of The Company

After carrying out the process, you will be ready to establish your business. You may have to choose your geopolity. There are various states in the US. There are states where the laws are more business-friendly and taxation is also low, like Delaware, Nevada, Wyoming, and so on. Sometime after you set up your business in one of these states, you can also expand to other regions of the USA>

Steps Involved In The USA Company Formation

You should first decide what type of company you wish to form. In the USA, this is all the more important. Then you can undertake the following steps towards the formation of the company in the USA:

Decide the company’s name

The name should be unique. Besides, that name should be available in the state where you are going to set up your company.

You will need to give a registered agent. That registered agent should have a physical address in the state where you are setting up the company. The agent should be there to sign the legal documents in the business hours and in the time required.

Federal Employer Identification Number –

This step is not compulsory. But it will be easier for you if you go for this step as well. You will need to apply for a Federal Employer Identification Number and Certificate of Authentication. Suppose you want to open an account in any bank of USA, then you should have these things, only then your account can be opened.

The Certificate of Authentication – This too is optional. Suppose you wish to open a bank account in India or say produce proof that you have a company in the USA (either a US corporation or LLC), then you will need to present a certificate of authentication or Apostille.

All of these are some simple steps, which will facilitate you form a company in the USA. You need to ensure that you follow them well. Also, you can also seek help from a professional firm that can help you set up a company in the USA.

Also, read Know All About The Service Agreement.

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