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Frequently Asked Questions

These are some questions we are frequently asked about incorporating, LLC formation and registered agents:

What are the advantages of incorporating?

What is a registered agent and do I need one?

What are my annual obligations for my corporation or LLC?

What type of entity is based suited for my business?

What are the requirements for my corporate name?

How soon will I get my corporate documents?

Is a lawyer necessary when forming a corporation or LLC?

Do I have to have shares when I from a corporation?

Why do I need to identify the shareholders and directors behind the company?

Why do I need to obtain a certificate of good standing?

Why do I need to obtain notarisation and an Apostille for these documents?
 

What are the advantages of incorporating?

Owners limit their liability to the amount they invest in the corporation. Generally, directors, shareholders and officers cannot be held personally liable for claims or debts against the corporation. A corporation can raise capital through the issuance of stock. There are also tax deductible benefits for a corporation.

What is a registered agent and do I need one?

A registered agent is a person or corporation that resides in the state of incorporation. The duties of a registered agent include receiving and forwarding of service of process, annual reports and/or franchise tax forms. State laws require corporations and LLC's to have a registered agent in the state of incorporation. We have a nationwide network of agents and can act as registered agent for every state.

What are my annual obligations for my corporation or LLC?

Delaware corporations must pay an annual franchise tax/report fee and registered agent fee of. These fees are billed on January 1 and due by March 1 of each year. Delaware LLC's must pay a flat LLC tax and our registered agent fee of . The LLC's fees are billed on April 1 and due by June 1 of each year. Please call our office for billing information on other states.

What type of entity is based suited for my business?

Since every business is unique in nature, we recommend that you consult a lawyer or tax advisor for advice.

What are the requirements for my corporate name?

In most states, a corporation must end in Inc., Incorporated, Co., Company, Corporation, Corp., Limited, Ltd., Syndicate, Union or Foundation. An LLC can end in Limited Liability Company, LLC, L.L.C.

How soon will I get my corporate documents?

Delaware corporations and LLC's are filed the same day you place the order and receipt of paperwork is approximately 7-10 business days. In most other states, the filing time is 2-3 business days with receipt of documentation in approximately 10 business days.

Is a lawyer necessary when forming a corporation or LLC?

No, a lawyer is not necessary to incorporate your business. As a matter of fact, we assist many lawyers and accountants in the incorporation process. However, we do recommend speaking to an attorney prior to incorporating for legal or tax advice.

Do I have to have shares when I from a corporation?

Yes, you will need to authorize shares of stock when forming a corporation. If you do not know how many shares to authorize, we will authorize the number that will keep the state filing fee and annual fee at a minimum.

Why do I need to identify the shareholders and directors behind the company?

Banks are required under money laundering legislation to identify the beneficial owner who ultimately owns the company.

If a shareholder is a legal entity - banks will require additional due dilligence information, ie. certificate of incorporation and articles of incorporation (company from any jurisdiction) - if any jurisdiction other thanUS and UK. We will need an English translation of the documents notarised and apostilled. (US and UK will need to be apostilled too but without the translation obviously...)

Why do I need to obtain a certificate of good standing?

The bank may require a certificate of good standing for a US company to ensure that the company is legally up and running and has not been in default.

Why do I need to obtain notarisation and an Apostille for these documents?

This is to ensure that the documentation is 100% true. Banks prefer this to ensure that the accounts they are setting up will be operated in a proper manner.

 

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© 2008 Start An American Company.Com Ltd | All rights reserved 2008 | Company Registration Number: 6378506
Room 12 Ivy House - 35 High Street - Bushey - Hertfordshire - WD23 1BD - United Kingdom
Tel. +44 (0)208 4217102 - Fax. +44 (0)208 950 7932