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USA Company Incorporation from India | Beyonte Compliance Pune
International ยท USA

USA Company Incorporation from India

Delaware LLC or C-Corp โ€” the two structures that power US startups and global businesses. We handle formation, EIN, registered agent and operating agreement so you can operate in the US from day one.

  • ๐Ÿ‡บ๐Ÿ‡ธ Delaware LLC / C-Corp
  • ๐Ÿ†” EIN (Tax ID)
  • ๐Ÿ“‹ Operating Agreement
  • ๐Ÿ›๏ธ Registered Agent
  • ๐Ÿฆ US Bank Account Advisory
๐Ÿ‡บ๐Ÿ‡ธ

Incorporate your US company

Tell us your structure preference and use case. We will advise and file.

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What We Handle

US company formation โ€” from state filing to operating agreement

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State Filing โ€” Delaware

Articles of Organisation (LLC) or Certificate of Incorporation (C-Corp) filed with Delaware Secretary of State.

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Registered Agent

US registered agent appointed โ€” mandatory for all US companies; receives legal and state notices.

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EIN from IRS

Employer Identification Number obtained from the IRS โ€” required for banking, contracts and taxes.

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Operating Agreement / Bylaws

LLC Operating Agreement or C-Corp Bylaws drafted covering ownership, management and distributions.

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US Bank Account Advisory

Guidance on opening a US business bank account as a non-resident โ€” Stripe Atlas, Mercury, Relay options.

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India-US Structure Advisory

Holding structure between Indian entity and US company advised for FEMA and US tax efficiency.

Key Facts

Delaware LLC vs C-Corp โ€” what Indian founders need to know

Delaware is Most Preferred

Delaware LLC and C-Corp are the most widely used structures by US and global businesses.

C-Corp for VC Funding

US venture capitalists require a Delaware C-Corp โ€” not an LLC โ€” for investment.

LLC for Flexibility

LLC is simpler, has pass-through taxation and is preferred for consulting and services businesses.

EIN is Mandatory

Required for opening a US bank account, signing contracts, hiring employees and filing US taxes.

Registered Agent Required

Every US state requires a registered agent with a physical US address โ€” cannot be the company itself.

Annual Franchise Tax

Delaware charges an annual franchise tax (LLC: US$300; C-Corp: variable based on shares).

ℹ️

Indian founders using a US holding company must comply with FEMA in India. Any investment from the Indian entity into the US entity, or any remittance from India to fund US operations, must comply with the Overseas Direct Investment (ODI) rules under FEMA. We advise on the India-US structure before filing.

Common Pitfalls

Common mistakes in USA company formation from India

Wrong entity type for use caseForming an LLC when VC funding is planned โ€” VCs require a C-Corp.
No EIN obtainedCannot open a US bank account or sign US contracts without an EIN.
No registered agentState notices and legal documents go unserved โ€” company can lose good standing.
No India-US FEMA advisoryTransferring money from India to the US entity without ODI compliance โ€” FEMA violation.
Annual franchise tax missedDelaware annual franchise tax not paid โ€” company loses good standing.
No operating agreementLLC has no operating agreement โ€” ownership and decision-making rules undefined.
How It Works

Simple steps, no surprises

1

Structure advisory

LLC vs C-Corp confirmed; India-US holding structure and FEMA implications advised.

2

State filing

Articles of Organisation or Certificate of Incorporation filed with Delaware Secretary of State.

3

EIN & registered agent

EIN obtained from IRS; US registered agent appointed.

4

Operating agreement & banking

LLC Operating Agreement or Bylaws drafted; US bank account options advised.

FAQ

Frequently asked questions

For VC-backed startups: Delaware C-Corp. For services, consulting or e-commerce businesses: Delaware LLC. The choice depends on your funding plans, tax situation and business model.

Yes. There is no US restriction on non-residents owning a US company. However, the Indian founder must comply with FEMA's Overseas Direct Investment (ODI) rules if investing from India into the US entity.

An Employer Identification Number (EIN) is the US company's tax identification number, issued by the IRS. It is required for opening a US bank account, filing US taxes, signing contracts and hiring employees.

No. A US company can be formed entirely remotely. We handle all filings without requiring your physical presence in the US.

A registered agent is a person or entity in the US state with a physical address who receives legal and official notices on behalf of the company. It is mandatory โ€” every US state requires one.

Non-residents can open accounts with fintech banks like Mercury, Relay and Wise Business without visiting the US, using the EIN and company documents. Traditional banks (Chase, Bank of America) typically require a US visit.

Delaware charges an annual franchise tax of US$300 for LLCs (flat) and a variable fee for C-Corps based on authorised shares. Registered agent fees are typically US$50-200 per year. We provide a full cost estimate before filing.

Incorporate your US company โ€” done remotely from India

Share your structure preference and use case. We will advise on LLC vs C-Corp and file your Delaware formation.