How to register a company for a startup in the USA: comprehensive guide

How to register a company for a startup in the USA: comprehensive guide
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  • Note : if you choose to use vesting then you should remember that you must submit Section 83 (b) election form to the IRS within 30 days after the incorporation to avoid big tax obligations later down the road.
  • So, for example, if a startup issued equity from their stock plan to a service provider who lives in CA, they would usually need to make securities filings in CA if they subject to the abovementioned regulations.
  • However, if you are an international founder and would like to open a bank account as a non-resident, then you will have to take the following into consideration: in most cases US banks do not open bank accounts remotely for international founders, thus, it is very likely you will have to go to the USA and be physically present; sometimes, some US banks like Silicon Valley Bank may agree to open a bank account for your company remotely upon reviewing your company's particular situation.
  • In such a case this person needs to be your official employee and have a power of attorney to act on behalf of your company; OR, you might have a branch of an American bank in your home country, then, you can try to call/visit an office of this bank's branch and ask for the possibility to open a bank account "remotely" from your place of residence; OR, for some businesses, you do not need to have a traditional business bank account, but instead, a virtual bank account may suffice.
  • Though the registration process becomes really easier with the said service, do remember that certain steps you will have to take on your own in any case : submission of Section 83 (b) election form to the IRS, application for EIN number (at least on Clerky), registration in particular states (Foreign Qualification) if it becomes relevant at a certain point.


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