If you would like to activate on the American market, you can easily set up a limited liability company in the USA. The incorporation process of an LLC in the USA starts with the requirements imposed by the Business Division and the Secretary of State in the chosen city. Our company formation consultants in the USA are at your disposal with in-depth assistance and details at the time you wish to start a business in the USA.
| Quick Facts | |
|---|---|
| Who can open LLCs in USA? | Local and foreign entrepreneurs interested in starting a business in USA |
|
Types of LLCs in USA |
– single-member LLC, – multi-member LLC, – series LLC, – PLLC, etc. |
|
Steps in opening an LLC in USA |
– appoint a representative agent, – choose the business name, – create the documents, – register for taxation, – appoint a board of managers, etc. |
| Requirements for a designated agent | Should be at least 18 years of age |
| Name verification required (YES/NO) |
YES |
| Physical address requested (YES/NO) |
NO |
| Operating agreement solicited |
Not mandatory, but recommended |
| Obtain the business license and permit |
Applications are made with the state and federal agencies. Our local agents can provide assistance. |
| Is EIN required for an LLC in USA? |
Yes, this is the Employer Identification Number that shows the company is registered for taxation. |
| Business and personal assets are separate in an LLC in USA (YES/NO) | YES |
| Costs of LLCs in USA |
Lower compared to other business structures. Fees are different in every American state. |
| Taxation of LLCs in USA |
Are treated as pass-through entities |
| Liability of LLC |
Each member benefits from a certain level of protection in case the business gets sued or bankrupt. |
| Time frame to open an LLC in USA |
A few days |
| Reasons to choose our local specialists |
We can provide: – support in registration, – collaboration with the local authorities, – affordable costs. |
Table of Contents
Main conditions for opening an LLC in the USA in 2025
Limited liability companies in the USA are important business entities that offer an adaptable tax structure mixed with the liability protection of the business newly incorporated. The Articles of Association are the main documents of an LLC in the USA. These contain complete information about the owners of the company, the activities of the firm, the board of managers, and the name of the registered agent with residency in the chosen state for business. It is good to know that the owners of an LLC in the USA can also be the directors of the company. When opening a company in the USA, particularly a limited liability company, it is recommended to bear in mind the following conditions:
- create an operating agreement for internal reasons in a company;
- apply for EIN (Employer Identification Number) for tax matters;
- open a bank account;
- hire an accounting firm to observe the financial activities of the company for 2025.
Some American states allow businessmen to register an LLC online or file by mail. Even so, you can get in touch with our local partners and ask for complete information on this topic and support in terms of formalities and registration procedure.
If you want to open a company in the USA in 2025, we remind you that you can talk to our specialists in company formation in the USA who can offer the needed support in this direction, regardless of the chosen state for business. Here is an infographic with more details on this topic:
A registered agent for your LLC formation in the USA
If you are thinking of opening an LLC company in the USA, it is important to consider the conditions imposed for this structure. For example, a registered agent is needed to handle legal papers on behalf of the company. This registered agent can be a natural person or a company, with a physical address in the city where the respective company will be established. Therefore, we recommend the services of our agents who can represent your company in the USA. So, do not hesitate to contact us if you want to open an LLC in the USA and need a representative agent.
You can also choose an anonymous LLC if you do not want your identity to be revealed. Thus, you can benefit from privacy, as a single-member LLC owner in the USA. Below you can read an infographic on this subject:
Is there a need for an operating agreement for an LLC in the USA?
Although there is no obligation to conclude and sign an operating agreement for LLC formation in the USA, this document is still recommended. Foreign entrepreneurs wishing to open a business in the USA should consider the characteristics of an operating agreement for an LLC in the USA, among which we mention:
- The set of rules with which the company will be managed will be mentioned in this document.
- The way in which business decisions can be made in the company can be stipulated by an operating agreement.
- This whole document can help you in case of problems in court. The institutions will respect the protection of personal liability, especially if you prove that you have properly organized the LLC in the USA.
If you are thinking of opening a company in the USA, especially an LLC, you can benefit from full support from our local representatives with experience in this area. Completing the necessary documents, registering for the payment of taxes, as well as, obtaining the license are among the tasks required for the incorporation of a company, regardless of the chosen American state. So, contact our specialists to benefit from the support and services offered. Please check this video presentation on how to open an LLC in the US:
What does single-member LLC mean in the USA?
Forming a single-member LLC in the USA or SMLLC as it is also known is quite easy. This type of business structure is chosen for certain professions such as accountants, lawyers, architects, engineers, or private doctors. Moreover, a single-member LLC in the USA is also called a professional LLC, but this structure is not allowed in California.
Particular attention should be paid to the choice of a business name for SMLLC. For example, it is not allowed to use the same name for single-member LLC or standard LLC. A check in this regard is recommended. Here is some interesting information about single-member LLCs in the USA:
- EIN or Employer Identification Number is also required for this business structure.
- SMLLC has the same status as self-employed, in terms of taxes.
- Even if it is a more flexible structure, SMLLC must have the necessary licenses to be able to operate on the market.
- The accounting conditions for this type of business structure also remain valid.
Why is it advantageous to open an LLC in the USA?
Entrepreneurs who want to open a business in the USA must weigh the pluses and minuses of each structure to make a good decision. In most cases, the limited liability company is an optimal structure for any type of business, but in order to better understand what the main advantages are, we recommend that you read the following lines:
- Separate legal entity – This means that the structure is separated from the owners, their rights, and their assets. It can also be said that the LLC can own properties, have contracts, invest funds, or lend money. Also, an LLC can file a lawsuit in its name, without implicating the business owners.
- An LLC has permanent existence – If one of the shareholders withdraws, this does not mean that the LLC in the USA must cease its existence or be dissolved. On the other hand, if the Articles of Association stipulate exactly what can happen if one or more members leave the company, then the respective regulation is applied. There are American states where it is stipulated in the documents that an LLC can end its activity only when the last remaining member withdraws.
- Pass-through tax entity – Another benefit that LLC owners in the USA can enjoy is that the structure is subject to pass-through taxation. This means that the shareholders of the limited liability company established in one of the American states must report their share of taxes related to their income. Thus, they must pay the taxes at the individual tax charges.
- Flexibility – It is known that LLCs in the USA are flexible structures. It can be controlled by the board of managers, as stipulated in the Operating Agreement. LLC members can also be named managers, but there is also the possibility that other people can be appointed as managers, without being shareholders.
We invite you to discuss more about how to register an LLC in the USA, but also about the advantages of this flexible structure, with one of our specialists. With the help of our experts in US company formation, you can start a business with specialized support, without being hit by the complexities of documents and formalities.
Basic considerations of LLCs in the USA
Interested in opening an LLC in the USA in 2025? You might want to check these key takeaways that can be quite useful at a certain point:
- An LLC can be established after selecting and verifying the desired business name, having a registered agent, drafting an operating agreement, and registering for taxation among others.
- One should consider both the state and federal law, the pre-approvals, and the taxes involved in this structure.
- The registered agent needs to be appointed at the time an LLC is incorporated in the USA. He or she must be at least 18.
- The protection of assets and avoiding possible business conflicts can be done through an operating agreement for an LLC established in the USA.
The US economy in a few lines
The USA is the strongest economy in the world and the top destination for any type of business or activity. The ease with which a business can be set up is a major benefit for foreigners who want to develop their activities in this country. Because the investment market is welcoming and stable, entrepreneurs manage to have consistent profits, regardless of the field in which they operate. Here also helps the well-developed infrastructure, a transparent legal system, and of course, access to the largest and most important financial markets in the world. Real estate, engineering, the R&D sector, tourism, agriculture, and automotive are just some of the key sectors of the US that absorb most foreign investment. Here are other interesting facts about the US business direction:
- Q1 of 2023 in USA registered a total FDI flow of around USD 440 billion.
- In the USA, the FDI inflows brought a total FDI of around USD 5 trillion by year-end 2021.
- Japan, Canada, the UK, Germany, Ireland, the Netherlands, and France are the main US investors.
- The US workforce is considered the most skilled and productive in the world.
Starting a branch in the USA or an LLC company in Delaware can be the optimal choice for many investors. However, you must consider specialized support, such as that offered by an agent with experience in company incorporation in the USA. Those who would like to know more details about LLCs in the USA and the conditions for opening such a company in 2025 can contact our team of company incorporation agents. If you need legal services in the USA, we can put you in touch with our US lawyers.