SMCP

Hi everyone

We've started the process of moving to the US (to FL) on an E-2 visa and will be travelling over in the next few months to incorporate the company and would like some guidance from someone who's already been through the process.

Does anyone have information on what pitfalls to look out for/ be aware of and how long the process takes?

Thanks everyone

christmasoompa

Hi there, and welcome to BE.

Please contact Site Admin (using the 'contact us' button at the bottom of the page) to change your username - as per Site Rule 11, yours isn't allowed I'm afraid.

Thanks and good luck with the move.

Pulaski

Do you mean a corporation? Or an LLC?

An LLC can be formed on line in the state where your business will be located, it takes a few minutes, then you print and sign the forms and mail them in. You can do this easily yourself, without a lawyer or an expensive website/ agent who takes several hundred dollars to complete and submit a few forms for you.

You will likely need a pro forma operating agreement for your LLC, though if your business is just a husband and wife partnership an operating agreement isn't strictly necessary.

SMCP

Thanks for replying Pulaski we've been told it needs to be a corporation

SMCP

@ Christmasoompa - request sent

penguinsix

An LLC is a corporation. It's probably the most simple form of incorporating, and it has the benefit of giving you the "corporate" overhead (i.e. liability protection) along with the bonus of reduced taxation. It's relatively easy to set up in the state you are residing though you may want to "shop around" and see if incorporating in Delaware or Nevada is easier (some states have more/less filing requirements, overhead, etc).

Please note that a foreigner owning a US corporation may have some additional tax filing requirements vs. a US citizen opening a company. Just a bunch of paperwork which is why when you consult a legal team or accountant you should be sure they are familiar with the requirements of a foreign person controlling a US company.

Pulaski

What Penguinsix said. ..... The vast majority of incorporated businesses are LLC, and are cheap to form, an incorporated "inc" is much more expensive and has strings attached. Even most major corporations use LLCs for their subsidiaries.

SMCP

Thanks Penguinsix that's great

SMCP

Thanks again Pulaski I'll look into it