Starting a business in the USA can be a lucrative and strategic move for Indian entrepreneurs looking to expand globally. However, understanding the legal and administrative requirements is crucial for a smooth start. One of the first and most important aspects is gathering the right documents needed for business registration and compliance.
In this blog, we’ll guide you through all the key documents required to start a business in the USA. We’ll also show you how Entelyglobal Solutions can support you in preparing and filing these documents efficiently, so you can focus on growing your business across borders.
1. Articles of Incorporation or Articles of Organization
The very first and most crucial document you need to legally form your business in the USA is either the Articles of Incorporation or the Articles of Organization, depending on your chosen business structure.
What Are They?
●Articles of Incorporation Meaning
The very first and most crucial document you need to legally form your business in the USA is either the Articles of Incorporation or the Articles of Organization, depending on your chosen business structure.
● Articles of Organization Meaning
This document is for forming a Limited Liability Company (LLC). It outlines the company’s name, registered agent, business address, and management structure (whether member-managed or manager-managed).
Why Are They Important?
Filing these documents with the Secretary of State in your chosen state is what legally establishes your company. Without approved Articles, your business does not exist as a legal entity and cannot operate, open bank accounts, or enter into contracts.
Filing Process
- You submit the Articles online or by mail to the relevant state authority.
- Filing fees vary by state and can range from $50 to several hundred dollars.
- Processing times depend on the state and method of filing, from same-day online approvals to several weeks by mail.
How Entelyglobal Solutions Assists
- We prepare these documents accurately based on your business details and structure.
- We file them with the correct state authorities promptly to avoid delays.
- Our team tracks the filing status and provides you with official confirmation once your company is legally formed.
Having your Articles of Incorporation or Organization filed correctly is the foundational step to your US business journey.
2. Employer Identification Number (EIN)
An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify your business for tax and legal purposes.
Why Do You Need an EIN?
- It is required to file federal and state taxes.
- Necessary to open a US business bank account.
- Required for hiring employees or contractors.
- Used when applying for business licenses and permits.
Essential for filing payroll taxes and other federal forms.
How to Obtain an EIN as a Foreign Business Owner
- Foreign entrepreneurs without a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) can still apply for an EIN using IRS Form SS-4.
- The IRS accepts EIN applications online, by mail, fax, or phone (phone applications are available for international applicants).
- Online applications are the fastest method but usually require an SSN or ITIN, so many foreign applicants use fax or mail submission.
The application requires detailed information about your business structure, ownership, and address.
How Entelyglobal Solutions Makes EIN Application Easy
- We assist in completing Form SS-4 accurately to prevent processing delays or rejections.
- Our team submits your EIN application through the appropriate IRS channels on your behalf.
- We follow up with the IRS to ensure you receive your EIN promptly.
- You receive your official EIN documentation securely, along with expert advice on how to use it.
Obtaining your EIN is a vital step to activating your US business operations, and with Entelyglobal Solutions guiding you, the process becomes hassle-free.
3. Operating Agreement or Corporate Bylaws
While not always mandatory to file with the state, having an Operating Agreement or Corporate Bylaws is crucial for the internal governance of your US company.
What Are These Documents?
● Operating Agreement
- This is an internal document used by Limited Liability Companies (LLCs).
- It outlines the ownership structure, management roles, voting rights, profit distribution, and procedures for adding or removing members.
It helps prevent conflicts by clearly defining how the company operates.
● Corporate Bylaws
- Used by corporations to set rules and procedures for managing the company.
- It includes guidelines on shareholder meetings, board of directors’ responsibilities, officer roles, voting rights, and record-keeping.
Bylaws serve as the company’s constitution
Why Are They Important?
- Protects your limited liability status by demonstrating that the company operates as a separate legal entity.
- Provides clarity and structure to avoid disputes among owners or shareholders.
- May be required by banks or investors during funding or account opening processes.
Supports legal compliance and smooth company operations.
How Entelyglobal Solutions Helps
- We draft customized Operating Agreements and Corporate Bylaws tailored to your company’s needs.
- Our legal experts ensure these documents comply with state laws and protect your interests.
- We provide ongoing support to update these documents as your business evolves.
Having well-prepared governance documents safeguards your company’s future and builds a strong foundation for growth.
4. Business Licenses and Permits
Starting and operating a business in the USA often requires obtaining various licenses and permits, depending on your industry, location, and the nature of your business activities. These authorizations are essential to ensure your business complies with federal, state, and local regulations.
Types of Licenses and Permits
- Federal Licenses: Required for regulated industries such as alcohol, firearms, aviation, broadcasting, and transportation.
- State Licenses: Most states require licenses for businesses like restaurants, contractors, healthcare providers, and real estate agents.
- Local Permits: City or county permits may include zoning permits, health department approvals, signage permits, and sales tax permits.
- Professional Licenses: Specific professions such as lawyers, accountants, engineers, and medical practitioners require licensing from regulatory boards.
Why Are Licenses and Permits Important?
- Operating without the necessary licenses can result in fines, penalties, or even business closure.
- They ensure your business complies with safety, environmental, and professional standards.
Helps build credibility and trust with customers and partners.
How to Determine What You Need
- Licensing requirements vary widely by state, county, and industry.
- A thorough assessment of your business activities and location is required.
Some businesses need multiple licenses at different government levels.
How Entelyglobal Solutions Supports Licensing
- We conduct comprehensive research to identify all licenses and permits your business needs.
- Our team assists with application preparation and filing to expedite approvals.
- We monitor renewals and regulatory changes to keep your business compliant.
Ensuring you have the correct licenses and permits is a key step in legally operating your US business and avoiding costly interruptions.
5. Proof of Registered Agent
When you register a company in the USA, you must appoint a registered agent — an individual or service authorized to receive official legal and government documents on your company’s behalf. Providing proof of your registered agent is a mandatory part of the business formation process.
What is Proof of Registered Agent?
- It is a formal document or confirmation that your registered agent has a physical address in the state of registration and consents to act as your agent.
This proof is submitted to the state along with your formation documents.
Why is Proof of Registered Agent Important?
- Ensures your business receives important legal notices, tax documents, and compliance correspondence timely.
- Helps maintain your company’s good standing with the state.
Without a registered agent and proof of their appointment, your business registration will be incomplete or rejected.
Who Can Be a Registered Agent?
- An individual resident or business entity with a physical address in the state.
- You cannot use a PO Box or virtual address for this purpose.
Many entrepreneurs use professional registered agent services for reliability and privacy.
How Entelyglobal Solutions Helps
- We provide trusted registered agent services across all US states.
- Provide you with official proof of registered agent appointment required for your business filings.
- Ensure timely receipt and forwarding of all legal documents to you.
- Maintain confidentiality and compliance, so you never miss critical communications.
Having reliable proof of registered agent appointment keeps your business legally compliant and protects your interests.
6. Business Bank Account Documents
Opening a US business bank account is a critical step in managing your company’s finances professionally and efficiently. To do so, you’ll need to prepare and present several important documents that prove your company’s legal existence and your authority to manage its finances.
Key Documents Typically Required
- Certificate of Formation or Incorporation:
Proof that your company is legally registered with the state. - Employer Identification Number (EIN):
Issued by the IRS, this tax ID number is mandatory for bank account opening. - Operating Agreement or Corporate Bylaws:
Banks often require these to understand your company’s ownership and management structure. - Personal Identification:
Valid government-issued ID, such as a passport, for all individuals authorized to use the account.
Resolution of Authority (if applicable):
A document authorizing specific individuals to open and manage the bank account on behalf of the company.
Why These Documents Matter
- They ensure the bank recognizes your business as a legal entity.
- Help prevent fraud by verifying the identity and authority of account signatories.
Facilitate smooth processing of deposits, withdrawals, and business transactions.
How Entelyglobal Solutions Supports You
- We guide you on exactly which documents are needed based on the bank and state.
- Assist in preparing organizational documents and resolutions.
- Connect you with US banking partners who understand non-resident business owners.
- Help streamline the account opening process, whether remotely or in person.
With the right documents prepared, opening your US business bank account becomes a hassle-free experience.
7. Other Documents (If Applicable)
Depending on your business type, operations, and the states where you plan to operate, there may be additional documents required to fully establish and maintain your US business.
Foreign Qualification Certificate
- If you register your company in one state but plan to operate in others, you may need to file for foreign qualification in those additional states.
- This certificate authorizes your business to legally conduct operations outside the state of formation.
It involves filing forms with the Secretary of State of each additional state and paying applicable fees.
Fictitious Business Name (Doing Business As – DBA)
- If your business operates under a name different from the legal registered name, you may need to file for a DBA or trade name.
- DBA registration is usually done at the county or state level and allows you to brand your business appropriately.
Initial and Annual Reports
- Many states require filing initial reports soon after formation, containing basic business information.
- Annual or biennial reports must be filed regularly to keep your company in good standing. These include updated contact details, ownership, and management information.
Other Industry-Specific Documents
- Depending on your sector, specialized filings or certifications might be necessary (e.g., health inspections, environmental clearances, FDA approvals).
How Entelyglobal Solutions Helps
- We analyze your business operations to identify all additional documentation requirements.
- Assist in preparing and filing foreign qualifications, DBAs, and state reports.
- Keep track of deadlines and manage renewals to maintain your business’s good standing.
- Provide tailored guidance on industry-specific compliance documents.
Being aware of and managing these additional documents ensures your US business operates legally and smoothly across states and industries.
Starting a business in the USA requires careful preparation and the right documentation to ensure legal compliance and operational success. From your foundational formation documents to licenses, permits, and banking paperwork, each piece plays a vital role in setting your company up for smooth growth.
For Indian entrepreneurs navigating this complex process from afar, partnering with experts like Entelyglobal Solutions makes all the difference. We simplify document preparation, filing, and ongoing compliance—helping you launch your US business confidently and efficiently.
Ready to take the next step? Contact Entelyglobal Solutions today, and let us handle the paperwork while you focus on growing your global business.