Register an LLC as a Non-Resident
This page explains what a Limited Liability Company (LLC) is, how non-U.S. residents can register an LLC in the United States, and the administrative requirements involved.
What Is a Limited Liability Company (LLC)?
A Limited Liability Company (LLC) is a business entity formed under U.S. state law. It provides a legal separation between the company and its owners, referred to as members.
LLCs are registered at the state level and operate under the laws of the state in which they are formed. Each state defines its own filing requirements and ongoing obligations.
Can a Non-U.S. Resident Register an LLC?
Yes. Non-U.S. residents are generally permitted to form and own LLCs in the United States. U.S. citizenship or residency is not a general requirement for LLC ownership.
In most cases, a non-resident does not need to be physically present in the United States to complete the administrative registration process.
Registering an LLC does not grant immigration status, work authorization, or residency rights in the United States. Business registration and immigration matters are separate.
State-Level Nature of LLC Formation
LLCs are formed at the state level. Each U.S. state maintains its own company registry, filing procedures, and compliance requirements.
An overview of the broader U.S. registration system is available here: Register a business in the United States as a non-resident.
Choosing a State for an LLC
The choice of state affects filing fees, reporting requirements, and public disclosure rules. Non-U.S. founders commonly register LLCs in states such as Colorado, Delaware, or Wyoming.
No single state is universally suitable for all businesses. Suitability depends on individual circumstances.
Registered Agent Requirement for LLCs
Most states require LLCs to appoint a registered agent with a physical address in the state of formation.
The registered agent receives official correspondence from state authorities on behalf of the LLC.
A detailed explanation is available here: What is a registered agent?
Articles of Organization
To form an LLC, formation documents—commonly referred to as Articles of Organization— are filed with the state authority.
These documents typically include the LLC name, registered agent information, and basic administrative details. Requirements vary by state.
Operating Agreements (Conceptual Overview)
Many LLCs adopt an operating agreement to outline internal governance and member relationships.
Operating agreements are internal documents and are not always filed with the state. The structure and content of such agreements involve legal considerations.
Employer Identification Number (EIN)
Most LLCs require an Employer Identification Number (EIN) for federal identification purposes.
Non-U.S. founders may request an EIN even without a U.S. Social Security Number.
Further details are explained here: EIN for non-U.S. founders
State vs Federal Compliance for LLCs
LLCs are subject to both state-level and federal-level compliance requirements. State obligations commonly include annual reports and registered agent renewals.
Federal obligations depend on the company’s activities and structure.
An overview of ongoing obligations is available here: U.S. company compliance requirements
Banking and Payment Processing Considerations
Many LLCs seek to open U.S. bank accounts or work with payment processors. These services are provided by independent financial institutions.
Approval decisions are made solely by banks and payment providers. LLC registration or EIN issuance does not guarantee approval.
Typical Administrative Sequence (Overview)
The following outlines a general administrative sequence for forming an LLC as a non-resident. This overview is illustrative and may vary by state and circumstances.
- Selection of a state and LLC structure
- Preparation of formation documents using client-provided information
- Appointment of a registered agent
- Submission of formation filings to the state authority
- Request for an Employer Identification Number (EIN)
- Completion of post-formation administrative steps
For a broader context, see: Registering a business in the United States as a non-resident.
HelvetiaForm’s Administrative Role
HelvetiaForm provides administrative assistance for LLC registration and related compliance steps. Services are limited to procedural coordination and documentation support based on client-provided information.
Information about HelvetiaForm’s Swiss base and operating principles is available here: Swiss-based administrative assistance provider.