US Company Formation for Non-Residents
NYBACS Services
For non-US founders and overseas companies that want a US LLC or C-Corp set up correctly the first time. We start with the decisions that are expensive to undo — entity type, state and tax classification — then handle the state filing, the EIN application without an SSN, the governance documents and a records pack that banks, payment processors and investors will accept. You finish with a working US company and a first-year compliance calendar, not just a certificate.
Who this service is for
- Non-US founders forming a US LLC or Delaware C-Corp without visiting the United States
- Indian, UK, GCC, EU and APAC companies setting up a US subsidiary
- SaaS, ecommerce, consulting and services businesses that need a US entity to sell, invoice or get paid in the US
- Founders planning to raise from US investors who need an investor-standard C-Corp from day one
- Businesses whose US setup will later support banking, audit or L-1 visa planning
Why clients come to us
Key problems we solve
The wrong entity for your tax position
A single-member LLC, a multi-member LLC and a C-Corp trigger completely different IRS filings — pro forma Form 1120 with Form 5472, Form 1065, or a full Form 1120. Choosing on formation price alone often leads to restructuring later.
EIN applications stalling
The IRS online EIN tool requires a responsible party with an SSN or ITIN. Most non-resident founders must apply by fax, mail or phone, and a mismatched name or a vague business description can push the EIN back by weeks.
Delaware on paper, operations elsewhere
Forming in Delaware or Wyoming does not remove obligations in the state where you actually have staff, an office or inventory. Unplanned foreign qualification and state tax registrations are a common first-year surprise.
Documents that fail bank and investor review
Generic templates with no stock issuance, no signed operating agreement or no record of who controls the company make KYC and due diligence slower than they need to be.
Scope of work
What’s included
Pre-formation structuring review
LLC vs C-Corp, single- vs multi-member, state of formation (Delaware, Wyoming or your operating state) and default vs elected tax classification, explained against your ownership, revenue model, investor plans and home-country tax position. Tax-sensitive points are reviewed with a licensed CPA where needed.
Name check and state filing
Name availability check, preparation and filing of the Certificate of Formation, Certificate of Incorporation or Articles, and registered agent coordination in the formation state.
EIN for non-resident owners
Preparation of Form SS-4 with consistent name, address and business-activity details, filed by the route available to a responsible party without an SSN or ITIN, and follow-up until the EIN confirmation letter is issued.
Governance document pack
Operating agreement or bylaws, organizer or incorporator statement, initial resolutions, officer and director appointments, membership interest or stock issuance records and an ownership ledger — signed and filed together.
Banking and KYC readiness
A bank-ready pack: formation certificate, EIN letter, governing documents, ownership chart down to individual owners, signatory authority and a short business-activity summary, plus US address and phone coordination where needed.
First-year compliance calendar
Dated list of what comes next: state annual report or franchise tax, the first IRS return (including Form 5472 where it applies), beneficial ownership reporting status, and triggers for foreign qualification, sales tax and payroll registration.
What this service does not include
- Legal advice or attorney-drafted bespoke agreements such as shareholder agreements, SAFEs or venture financing documents — we coordinate with your counsel or a referred attorney
- Tax opinions on your home-country position — we flag the questions and coordinate with licensed tax professionals
- Any promise that a bank, fintech or payment processor will open an account; each institution makes its own onboarding decision
- Regulated-activity licences (for example money transmission or lending), which need specialist legal review
- Immigration advice — L-1 business support is a separate service delivered alongside immigration counsel
How it works
Our process
- 1
Structuring call and fact review
We review owners, business model, where customers and staff are, funding plans and home-country considerations, then recommend entity, state and tax classification in writing.
- 2
Document collection and KYC
We collect owner identification and, for corporate owners, company documents, and confirm names, addresses and share or membership percentages so every filing matches.
- 3
State filing
We file the formation document with the state and coordinate the registered agent, using expedited processing where your timeline needs it.
- 4
EIN and governance pack
Once the state approves, we file Form SS-4 and prepare the operating agreement or bylaws, resolutions and ownership records for signature.
- 5
Bank-ready handover
You receive the complete corporate record pack, a banking and KYC document set and a compliance calendar for the first 12–18 months.
- 6
Ongoing support (optional)
Bookkeeping, tax filing, annual state compliance and bank onboarding support can continue under one desk so records stay consistent.
Documents we’ll ask for
- Passport for each owner, director, officer and responsible party
- Residential address proof for each individual owner (recent utility bill or bank statement)
- For a corporate owner: certificate of incorporation, register of directors and shareholders, and a board resolution approving the US entity (notarised or apostilled if requested)
- Two or three proposed company names in order of preference
- Ownership percentages, and for a C-Corp the intended authorized shares and initial issuance
- A short description of the business activity, products or services and expected customers
- Contact email and phone for the responsible party named on the EIN application
Typical timelines
Timelines are indicative and depend on state workload, IRS processing and how quickly documents are signed.
| Stage | Typical range |
|---|---|
| Structuring review and document collection | 2–5 business days once documents are received |
| State filing (Delaware, Wyoming and most states) | A few business days at standard processing; faster where the state offers paid expedited service |
| EIN for a responsible party without an SSN or ITIN | Often 1–3 weeks by fax or phone; mail applications can take several weeks |
| Governance pack and bank-ready handover | Within about a week of the EIN, subject to signatures |
Most non-resident formations are complete in roughly 2–5 weeks end to end. Bank or fintech account opening follows and runs on the institution's own timeline.
NYBACS 360° support
Why NYBACS
Advice before filing
Online formation services skip the structuring conversation. We start with entity, state and tax classification because those choices decide your IRS filings and investor readiness for years.
Built for non-residents
EIN applications without an SSN, foreign corporate owners, apostilled documents and Form 5472 exposure are routine for us, not edge cases.
One desk after incorporation
The same team can run bookkeeping, first-year tax filing, annual state compliance and bank onboarding support, so names, addresses and ownership stay consistent across every record.
Human + Tech delivery
Digital document collection and e-signatures for speed, with a named advisor checking every filing before it goes to the state or the IRS.
Licensed professionals where the law requires them
We work alongside licensed CPAs and attorneys for tax opinions, legal drafting and signing, so you get execution and the right professional sign-off.
A New York firm you can verify
NYBACS has operated from 99 Wall Street since 2020, is a US Chamber of Commerce member and holds an A+ BBB rating.
Common questions
Frequently asked questions
Do I need to travel to the US to form the company?
No. Formation, the EIN application and signing governance documents can all be completed remotely. Some banks prefer an in-person visit for account opening, which is a separate decision for each institution.
Should I form in Delaware, Wyoming or my operating state?
Delaware suits C-Corps that plan to raise from US investors. A small LLC with no US operations may prefer a simpler, lower-cost state. If you will have staff, an office or inventory in another state, you will usually need to register there too, so we compare total cost rather than formation fees alone.
Can I get an EIN without an SSN or ITIN?
Yes. A non-resident responsible party cannot use the IRS online tool, but can apply using Form SS-4 by fax, mail or phone. Accuracy matters: the name and details must match the state filing exactly.
LLC or C-Corp if I want to raise money?
US venture investors generally expect a Delaware C-Corp because they invest through preferred stock. An LLC can convert later, but conversion costs time and money, so if fundraising is likely within a year or two we usually discuss the C-Corp route first.
What filings do I owe in the first year?
Typically a state annual report or franchise tax, a federal return (for a foreign-owned single-member LLC, a pro forma Form 1120 with Form 5472 even with no revenue), and any state registrations your activity triggers. We give you these dates at handover.
Will the company documents show my name publicly?
It depends on the state and entity. Delaware formation documents list the incorporator or authorized person and registered agent rather than every owner, but annual filings and bank KYC will still require owner and officer details.
Resource Hub
Answers to common questions
Browse all US Company Formation Questions for Non-Resident Founders · Browse all Global Expansion and Cross-Border Business Questions
Last reviewed 2026-10-07. NYBACS is not a licensed CPA firm, statutory auditor or law firm. Where a licensed professional is required, we coordinate with qualified CPAs, auditors and attorneys.
Ready to get started?
Book a NYBACS structuring call to choose the right US entity and state, then let us handle the filing, EIN and bank-ready records.
