Company incorporation in the USA is a state-level process, not a federal one. This means the procedures, fees, and requirements vary significantly depending on which of the 50 states you choose to incorporate in. The most popular business structures are the Limited
Liability Company (LLC) and the Corporation (Inc.). The first strategic decision is to select a state, with Delaware, Wyoming, and Nevada being popular choices due to their business-friendly laws and strong privacy protections.
A mandatory step in every state is to appoint a registered agent with a physical address in the state of incorporation. This agent is the official point of contact for receiving legal documents and government correspondence. You then file the formation documents—the Articles of Organization for an LLC or the Articles of Incorporation for a Corporation— with the Secretary of State’s office. Once the state approves your filing, the company is officially incorporated.
To operate legally, you must then apply for a Federal Employer Identification Number (EIN) from the IRS. The EIN is crucial for opening a business bank account and for all federal tax filings. Post-incorporation tasks for an LLC include creating an Operating Agreement, which outlines the internal structure and rules of the business. You must also secure any necessary state and local licenses or permits to begin operations.
- Choose your state and business structure. The US process is state-specific. Select a state to incorporate in and choose your business structure, most commonly a Limited Liability Company (LLC) or a Corporation.
- Select and register your company name. Pick a unique company name and conduct a name availability search with the Secretary of State's office in your chosen state. Reserve the name if necessary.
- Appoint a registered agent. All US companies must have a registered agent with a physical address in the state of incorporation. This agent receives all legal and government mail.
- File formation documents. Prepare and file the Articles of Incorporation (for a Corporation) or Articles of Organization (for an LLC) with the Secretary of State, along with any required fees.
- Obtain an EIN. After incorporation, apply for a Federal Employer Identification Number (EIN) from the IRS. This is essential for opening a business bank account and for federal tax purposes.
- Fulfill ongoing requirements. Finalize all state and local registrations, secure necessary business licenses and permits, and establish a corporate bank account to begin operations legally.