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Cross Border Expansion

US Company

USA Company registration from India

USA Company registration is now easy as there is no need to travel to the USA or physically be present in the USA. One of the most popular business destinations in the world is the USA. This is why many Indian citizens are looking forward to establishing a business in the USA. But there are certain policies and protocols which need to be adhered to for establishing a successful venture in the laissez-faire haven of the world. The United States being a developed nation, is an economic superpower because of its advanced infrastructure, technology, and abundant natural resources. The economy is service-oriented, contributing 80% of its GDP, whereas manufacturing contributes about 15% of its output.

Type Of Company Registration In USA From India

  • Limited Liability Company Registration

A limited liability company (LLC) is the most adaptable corporate structure. It provides you with tax advantages, liability limitations, and legal protection for your personal assets. Additionally, a limited liability company (LLC) can choose whether to be taxed as an individual or as a corporation. They are commonly referred to as ‘pass-through’ entities. LLCs can be a good choice for medium or higher-risk businesses, an LLC provides protection of personal assets and a clear distinction between personal and corporate liability. An LLC does not have any residency or citizenship restrictions, which allows foreign nationals to have either partial or total ownership of an LLC. An LLC is the perfect entity type for non-resident business owners who wish to form a U.S. company.


Limited Liability Protection By forming an LLC – Only the LLC is liable for the debts and liabilities incurred by the business — not the members. The members liability is limited to the personal interest they have invested in the company thus protecting the personal assets of the individual member that are separate from the LLC.

Pass Through Taxation – The LLC typically does not pay taxes for itself. Instead, the net income/loss is “passed through” to the personal income of the owner(s)/member(s), and is simply taxed as personal income. Federally, LLC taxation is handled very much the same as a partnership or sole proprietorship, in the case of a single member LLC.

No Ownership Restrictions – The LLC does not have any residency or citizenship restrictions, which allows foreign nationals to have ownership in an LLC, if desired. In addition, other corporate entities may be LLC members which means that other corporations or LLCs (or other entities) may be a member of the LLC, or may be the sole member (although an LLC with a sole member that is a corporation or LLC is treated for tax purposes as a partnership or multi-member LLC).

Versatile Tax Status – One of the most advantageous aspects of the LLC is that it has the ability to choose how it is treated as a taxable entity. According to the IRS an LLC is, by default, federally taxed as a partnership (in the case of a multi-member LLC) or as a sole proprietor (in the case of a single member LLC). The LLC, however, may elect to be taxed as a C- or S-corporation at any time the members so choose.

Flexible Profit Distribution For an LLC – If the members choose, the net income/profits of the LLC may be allocated to the members in different proportions to their ownership percentage in the LLC. This is different from a corporation, as corporations are required to distribute profits exactly accordance with the proportion/percentage of ownership of each shareholder.

Minimal Compliance Requirements – LLCs are subject to limited state mandated annual filing requirements and ongoing formalities. While corporations are typically required to have at least an annual meeting of directors and shareholders (and initial meeting of the same), adopt bylaws, and keep minutes of all meetings and all formal corporate resolutions, an LLC is not required to do any of those things (see the explanation of an operating agreement, above). The LLC members may have whatever meetings they wish and may document any such things as they wish, however they are not required to do so.

  • C-Corporations

A corporation, sometimes called a ‘C-corp’, is a legal entity that’s separate from its owners. Corporations can make a profit, be taxed, and can be held legally liable. Corporations offer the strongest protection to its owners from personal liability, but the administrative cost of operating a corporation is generally higher than other structures. Corporations have an advantage when it comes to raising capital because they can raise funds through the sale of stock, which can also be a benefit in attracting employees

The Structure of a C-Corporation

A C-Corporation has Limited Liability – Because a C-Corp is a separate legal entity, the liabilities of the business are separate from the liabilities of the directors, investors and shareholders. Generally, the owners of a C Corporation are protected from being liable for the business’s obligations. This does not apply in all cases, for example if corporate funds are misused, there is willful fraud, or if certain rules and regulations are not followed.

A C-Corporation Exists Independently of its Owners – A C-Corporation can have “Perpetual Existence” — this is in contrast to sole proprietorships or partnerships where a business only exists for as long as the proprietors or owners are alive and in the business.

Ownership of C-Corporations Can Be Fluid and Transferred – Ownership in a C-Corporation is decided by who holds the stocks it issues. These stocks can be bought and sold between investors, and if the company’s shares are publicly traded on a stock exchange, institutions and members of the public can own stock in the company.

Ease of Access to Funding Through Issuing Stock – If a C Corporation want to raise money, it can hold an “Initial Public Offering (IPO)” where it “goes public” and offers shares for sale on a stock exchange. This can bring significant money into a business. They can also choose to issue shares periodically to raise further funding, although this can dilute the value of existing shares.

Enhanced Business or Corporate Credibility – Most of the businesses that are household names are C Corporations. Incorporating as a C Corp demonstrates to others that you expect to see significant growth and can enhance the business’s credibility and authority.

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