Process To Form Company USA

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Process to form a Company in USA, Delaware:

1) Take Investors Approval as per SHA/SSA and filing with ACRA if special resolutions
is passed.

Exercise: Internal

2) Choose an Attorney or Certified Public Accountant from USA and Choose one type
of entity among following entities:

Exercise : Internal

a) Limited Liability Company (LLC): Offers personal liability protection for


members and flexible tax options.
b) C Corporation: A C corporation is a tax status, not a business entity type. It
Operates as an independent taxable entity, providing liability protection,
unlimited growth potential, and flexibility in ownership and stock classes.
c) S Corporation: Passes profits and losses directly to shareholders, but it's limited
to 100 shareholders and has certain restrictions on stock classes. It is for smaller
businesses and to avoid double taxation.
d) Partnership: Can be a General Partnership or Limited Partnership, sharing
profits, losses, and liabilities.
e) Sole Proprietorship: The simplest form, with no legal distinction between the
business and the owner

3) Choose the Registered Agent having physical address in Delaware. The list of
registered Agents can be found here

Exercise: Internal

4) Reserve the name: This is not a requirement in order to form the entity but will
guarantee that the name is held for a period of 120 days. The fee is $75.00.

Exercise: External

5) Filing of Certificate of Incorporation : The filing fees are $110. The template is
attached here

Exercise: External

6) Obtaining EIN: It is required for Tax purposes. The link to apply EIN can be found
here
Exercise: External

7) Opening Bank Account : Open a business bank account for the newly formed entity.

Exercise: External

8) Creating Bylaws or governing documents: Establish the bylaws or governing


documents outlining the internal regulations and structure of the company.

Exercise: Internal

9) Conduct Board Meetings: As per framed bylaws and General Corporation of law
Delaware conduct meetings among the board members to make strategic decisions
and conduct business.

Exercise: Internal

10) Conduct Shareholders meetings : As per framed bylaws and General Corporation of
law Delaware conduct meetings involving shareholders to discuss company matters,
report financial updates, and make important decisions. The requirement is to conduct
the meeting annually but can hold meeting to discuss urgent matters.

Exercise: Internal

11) Filing of Annual report by 1st March . The filing fee is $50.

Exercise: External

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