In order for a business to be legally registered in the USA, the law requires a certain incorporation procedure to be completed with the local Trade Register, known as the Secretary of State. Company registration is the main role of the US Trade Register. However, this authority has various responsibilities, with a consolidated database that covers all American states. This article presents information about the main aspects of the Trade Register, mentioning that our US agents can represent investors for all business registration procedures.
| Quick Facts | |
|---|---|
| Trade Register in the USA is known as | Secretary of State |
| Overseen by | the state, federal, and local governmental agencies |
| Applicable legislation to businesses in the US | – Civil Rights Act, – Fair Labor Standards Act, – Securities Act of 1933 |
| Main role | Company incorporation |
| Other responsibilities | – records and archives all business data, – provides access to business information, – ensures all firms comply with the applicable legislation, – company due diligence, – applying for a business license, etc. |
| Solicited documents for company registration in the USA | – Articles of Incorporation, – Employer Identification Number, – shareholder’s agreement, – proof of registered business address, – corporate bylaws, etc. |
| Application forms | Provided by the Secretary of State |
| Name verification & reservation | With the local US Trade Register/Secretary of State |
| Issuing the Incorporation Certificate (YES/NO) | YES |
| Offering access to company records (YES/NO) | YES |
| Business precautions | It is recommended to protect business data, seek financial advice, and comply with the applicable business regulations. |
| Is an electronic signature allowed? (YES/NO) | Yes, through the Uniform Electronic Transactions Act (UETA) in the USA |
| Company changes that must be recorded | If the business address, shareholders, capital, or management have undergone modifications. |
| Representative agent for company registration in the US | Yes, we can represent entrepreneurs in business formation in any American state. |
| Working with our US agents | We offer assistance in company incorporation with the Secretary of State. |
Table of Contents
How to register a company with the Secretary of State in the USA
Depending on the American state where you want to establish your business, you will have to apply to the Secretary of State for incorporation. Among the formalities that must be done, we list:
- the business name is checked and reserved, taking into account the fact that it must be unique and not in use;
- a representative agent for business registration in the USA is needed. One of our company formation agents in the US can be of use to you in this regard;
- company documents are drawn up, depending on the type of business entity;
- it is mandatory to apply for an Employer Identification Number (EIN).
Once these formalities and procedures are completed, the Secretary of the State will begin the verification. If there are no missing documents and if all approvals have been issued, the Certificate of Incorporation can be issued. Every step in company registration in the USA is important, so discuss with our local agents and ask to be represented with the Secretary of State. You can also discover this infographic prepared by our specialists:
What documents do you need to prepare for business registration in the USA?
Below are some of the most important documents that stand at the base of registering a business in the USA:
- Articles of Incorporation;
- EIN;
- corporate bylaws;
- shareholders’ agreement (not mandatory but recommended);
- proof of registered business address and deposited share capital;
- IDs/passports of shareholders;
- beneficial ownership information (BOI) reporting on behalf of persons owning/controlling the business in question.
With these documents in mind, you can rely on your representative agent of the company, who can be one of our specialists. We can represent you with a power of attorney, both for the preparation of the documents required for business registration in the USA and for submission to the Secretary of State.
Main roles of the US Trade Register – Secretary of the State
Each American state has its own Trade Register and can have different responsibilities, in addition to business registration in the USA. But all must provide specific roles and have clear duties, such as:
- maintains a complete database with information about existing companies in the USA;
- provides public access to various data of businesses in the USA;
- company due diligence can be carried out using the platforms offered by the US Trade Register;
- other administrative tasks include the possibility of applying for a business license in the USA or opening a bank account;
- ensures that companies in the USA comply with applicable legislation;
- acts as an official correspondence with the business owners in the USA;
- records all company updates and archives information.
Altering company data with the US Trade Register
If you want to change your company name or certain management functions, you must notify the Secretary of State. Also, if you have changed your business address or company capital, do not forget to complete the standard forms offered by the Trade Register in the USA to notify the institution of these updates/changes in the firm.
Data about the number of companies in the USA
Here is some data about the number of companies in the USA:
- according to data for 2024, there were approximately 34.8 million small businesses in the USA;
- approximately 423,945 new business applications were registered in May 2024, according to data provided by the U.S. Census Bureau.
Please explore this article and then contact our firm for more information about the US Trade Register and representation in business registration.