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|Each state has a set of LLC
laws that impose specific requirements for forming a limited
liability company in each state. The requirements are
the same regardless of who owns an LLC being formed. Most of
the requirments are farily straightforward such as having an
LLC name which is available and acceptable by the state and
providing certain specific disclosures which can vary with
each state. However, there are are few specific
details that a foreign (non-US resident) owner should know
about as part of th US llc formation process.
One particular requirement in every state is that the LLC have an officially appointed registered agent that resides in the state of LLC formation. In addition, each LLC must have a registered office which us typically required to be a permanent physical address in the state of formation where the agent resides and is able to accept legal papers on behald of the LLC at such address.
If you do not have a permanent physical address located in the state where you plan on forming your LLC, it is impreative you retain trustworthy and competent registered agent services from a reputable national services provider. This is one service which is so important for a foreign member because you need to have the security that your registered agent services provider truly does have a permanent location within the state that is staffed with enough personnel to be onsite during business hours to accept legal and other official papers that might be served on your LLC.
If papers were ever to be delivered to your LLC, your registered agent is responsible for accepting them officially on your LLC's behalf, notifying you immediately if anything is served on your LLC and then promptly forwarding such documents and deliveries in a safe and reliable manner.
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|Obtaining a Tax
Identification Number for your US LLC
Another challenge for someone who is located outside the US but desiring to form a US LLC is obtaining a tax identification number for the limited liability company. The Internal Revenue Service generally requires that every LLC obtaining a TIN# provide the social security number of a key member or officer of the legal entity. However, in most cases, if you are located outside of the United Statesm you will not have a social security number.
In such cases, you will be required to provide what is known as an Individual Tax Identification Number (commonly referred to as an ITIN #). You must obtain an ITIN # from the IRS before you can get a tax identification number for your US LLC business entity. To obtain an ITIN from the IRS, you must complete IRS Form W-7 and mail it to the IRS.
Once you know you want or need a US LLC for business, you should apply for your ITIN # immediately so that you will have this when your US LLC is formed and needs to obtain its own TIN#.
While apostille requirements are not part of the standard process of forming a US LLC in any state, having apostilled documents is generally relevant to any transactions involving the US and foreign parties.
An apostille is a certificate issued by a government agency relating to the authenticity of a document for use in a foreign country. If you form a US limited liability company and may have some operations of the LLC in another country, you may need an Apostille to validate the company's formation documents in your country.
It is important that you find an LLC formation package which includes an Apostille as part of the services. This will save you a lot of time and headache later if and when you find you need the certificate to conduct business.
While shipping is not a technical requirement for the legal and proper compliance for establishing a US LLC on behalf of foreign owners, it is an important factor to consider when choosing an LLC formation services provider to assist you with this process. Most services are set up for domestic customers. Interntional shipping of important documents can be expensive. Before you commit to any service provider, make sure you know upfront how much shipping costs will be.
RECOMMENDED PROVIDER FOR INTERNATIONAL ORDERS (to form a US
Because of the added complexity when it comes to forming a US LLC for foreign owners, it is highly recommended that you use only the most reputable national providers. We recommend one of the largest LLC formation providersin the US. This company is the online services arm of a large billion dollar legal services firm and is the sister company of CT Corporation- incorporation and LLC formation provider for international clients of most of the largest law firms in the US as well as international law firms all over the world.
Provide an Established, National Registered Agent Service backed with Online Information Portals
Include Apostille Certifications with Each US LLC Formation Package
International Shipping is Included with Order
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LLC Information at LLC Learning Center
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