Results 1 to 11 of 11
  1. #1
    Join Date
    Nov 2002
    Posts
    8

    Which website should I order for incorporataion?

    I am not US citizen and want to incorporation in US.

    I found there are many website that offer this service. I do not know which website I should go to place order. Anyone can share your experience?

    After incorporation, I also would like to open US business account.
    Can I open the account myself online? Which bank can I open account without problems?

    Any info will be highly appreciated.

  2. #2
    Join Date
    Jun 2002
    Posts
    196
    Dont use one of those sites, they charge you a few hundred bucks to file 1 form that is only 2 sheets of paper.

  3. #3
    You might want to just hire an accountant to help you incorporate. You can signup with pretty much any bank for a business account (also called a DBA (Doing Business As) account). Some banks although do not offer business accounts, only personal accounts.

    It is best to find the bank account offered with the lowest amount of fees or restrictions.
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  4. #4
    Join Date
    Oct 2002
    Location
    Western NY
    Posts
    20
    Just go to your state goverment's web site, typically they have info on how to do this. As mentioned previously, it's not a bad idea to chat with an attorney and/or accountant when determining how you are going to structure your business. Also, Nolo.com has some good info as well.

    Using an online shop to incorporate is going to cost you that service's fees in addition to the fees your state will charge you.

    Doh -- I just re-read your post and see that you aren't a US citizen. You can still search for some state government web sites and read up on incorporation processes within the states (Deleware is a popular state to incorporate in). I am not familiar with international incorporation laws and if you aren't either, it would definitely be worthwhile to consult with an attorney. And a google search on incorporation or LLC will return you a huge amount of info to read through.

    fp

  5. #5
    did anyone bother to read? he is not a us citizen.

    are you a permanent resident in the US?
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  6. #6
    Join Date
    Nov 2002
    Posts
    8
    i am not in us. I think I may have to order from one of those website

  7. #7
    Join Date
    Nov 2002
    Posts
    33
    Try corporation.com. I've heard good things about them, a team of husband and wife lawyers started it, they have good BBB (Better Business Bureau) credetials, and high profile partnerships with companies like Staples (it's a huge office supply store).

    Since you don't live in the US, you'll probably be better off incorporating in a state like Delaware or Nevada. They have very time-tested and flexible corporation laws. Delaware I'm not sure, but I know for Nevada you don't have to be a US citizen or greencard holder.

    Hope this helps. Good luck.

  8. #8
    Join Date
    Jun 2002
    Posts
    196
    Yes, as i mentioned in a nother thread, my father worked for a large company incorporated in germany for tax reasons, and the us office is registered in nevada becuase nevada has the best scenario for foreign business taxwise.

  9. #9
    First of all, I second the Nevada statement.

    Second, you can start by contacting the Secretary of State of Nevada. They are somewhat e-commerce aware, and can take credit cards directly via fax on their filing paperwork.

    However, if you do not reside in Nevada you will need to find a registered agent. That's someone who can be served legal papers if necessary who is in Nevada and able to receive the papers between the hours of 8-5 Monday through Friday. Shop around, their prices vary WIDELY! Nevada has a fax back system where you can obtain names of registered agents and their phone numbers. The people on the list are not endorsed by Nevada, they just paid Nevada extra money so they could be on the list. Registered agents are not attorneys, although many times attorneys can be registered agents.

    The biggest reason many people say that Nevada is the place to go is because they are the only state in the US that does NOT have an info-sharing agreement with the Internal Revenue Service. Also, many states require you to reveal shareholder's identities (California requires anyone who owns 10% or more of company stock to be on record with them in their Secretary of State's office). Nevada requires only the officers of the corporation to be on record.

    A good book that tells a lot more about incorporating in Nevada has been written by Cort Christie. How To Incorporate In Nevada (not sure if I got all of the title, search Amazon.com to find it). It's written so that you not only understand how to file but also so that you understand what is expected to be done after incorporating.

    Here is the Nevada Secretary of State's website where you can get more informaton:

    http://sos.state.nv.us

    Hope this helps.

  10. #10
    One more thing...

    Cort Christie provides services through a company that does have a website, although I can't recall the company name right now.

    A competitor is Laughlin Associates, located near Reno, NV. Laughlin offers more than just inc'ing services. They also offer complete physical location services, including a listing in the building's directory, phone answering services with company name, and mail forwarding. They are NOT cheap for these services, but they are add-ons for their inc'ing service.

    I haven't used them, but I have heard good things from people who have.

    Also, some states require a corporation to have a minimum capitalization amount...Texas=$1,000...but Nevada does not. NV also allows one person to hold all of the officer positions, whereas some states require more than one person to be involved when the company starts.

    Just a footnote...

    When you get to the Nevada Secretary of State website, do a corporate name search for Microsoft. They may be located in Washington, but they inc'd in a different state...probably bracing for break-up during their anti-trust tribulations.

  11. #11
    About your bank account issue.

    It would be best to open a bank account that is physically located in the same state that you incorporated in, in this case...nevada. Wells Fargo will tell you that it can be handled over the phone. While that is true, there are other reasons why you want the bank account out of a physical branch located in the state you incorporate in. The account that they open over the phone does not have a physical branch designated. Because of that, it offers a loophole through which someone can "pierce the corporate veil", which is what they call it when someone rules your corporation as no good or invalid.

    Bank of America is one bank that has no problem opening accounts for Nevada corporations, even by mail. There are many others, and if you contact them directly you can possibly save yourself some money, as many times the registered agent will tell you they can get your bank account set up but charge for the service. All they do is either pick up the phone or mail or walk over paperwork and collect an extra $50-$300 for the "service". Then you still need to put money into the account over and above the $50-$300 they charge.

    In order to open a bank account you will need to obtain an Employer Identification Number (EIN) from the IRS. It's IRS Form SS-4. Details of filling it out are in the book I mentioned earlier by Cort Christie. This form will ask for a Social Security Number. You can fill out the form, then phone the IRS office located in Utah (yes Utah) and obtain an EIN. In talking with them to obtain one once, out of curiosity I asked what to do if you don't have one. It does NO GOOD to make up a number, because they are computer-linked to the Social Security Administration and will tell you if it matches or not and won't issue a number without a name/number match. The operator I spoke to said if you don't have that number then there should be some other number, like a passport number or something. I didn't push it because it didn't apply to me, but they want something they can verify.

    The reason you would request this from the Utah office is because since Nevada does not share info with the IRS, the IRS won't let them issue Employer ID Numbers (also known as Taxpayer Identification Numbers to the bank, or TINs)

    Sorry to be so long-winded, but the devil is in the details. And since I'm not an attorney, I'm not an expert...just someone who has done it before...more than once.

    Don't mind helping if I can, but like I said, I'm no expert. And since you are not located in the US, sooner or later you WILL need one.

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