HOW TO REGISTER LLC IN USA FROM INDIA?

Bhavik Naiya
4 days ago
4 min read

Registering a Limited Liability Company (LLC) in the USA from India is a common and straightforward process that can be completed entirely remotely.¹

The primary requirement is not having business proof from India, but rather providing personal identification and proof of address for the LLC members/owners and fulfilling the US legal requirements for the LLC itself.

Here is the detailed step-by-step process.

🇺🇸 Part A: US LLC Registration Process

The entire process is done through the relevant US State government and the Internal Revenue Service (IRS).²

Step 1: Choose Your State of Formation 🗺️

This is a critical first decision, as state laws govern LLCs.³ Popular states for non-residents, due to their business-friendly laws, low fees, and tax structures, include:

Wyoming: Known for low annual fees, no state income tax, and strong privacy protection. Ideal for most small, remote, and online businesses.
Delaware: Preferred by startups planning to raise Venture Capital due to its established corporate legal framework.⁴

Step 2: Choose and Register Your LLC Name

The name must be unique within the chosen state and must include a designator like "LLC," "L.L.C.," or "Limited Liability Company."⁵
You must check the name's availability on the chosen state's Secretary of State website.⁶

Step 3: Appoint a Registered Agent

All US LLCs must have a Registered Agent (RA) who has a physical street address (not a P.O. Box) in the state of formation.⁷ This RA is legally responsible for receiving official documents (like legal service of process and state notices) on behalf of your LLC.⁸

As a non-resident, you will hire a professional Registered Agent service (an annual fee applies).⁹ This RA address will become your LLC's official address in the state.¹⁰

Step 4: File the Articles of Organization

This is the official document that formally establishes your LLC with the state.¹¹

The application is filed with the state's Secretary of State office (or equivalent state agency).¹²
This document lists the LLC name, the Registered Agent's name and address, and the purpose of the business.¹³ A state filing fee (typically $50–$500, depending on the state) is required.¹⁴

Step 5: Create an Operating Agreement

This internal document outlines the financial and working relationship between the LLC members/owners.¹⁵

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It defines ownership percentages, member roles, and how profits and losses will be distributed.¹⁶
While not mandatory in all states, it is highly recommended to avoid future disputes and maintain the company's liability protection.

Step 6: Obtain an Employer Identification Number (EIN)

The EIN is a Federal Tax Identification Number issued by the IRS, essentially the Social Security Number for your business.¹⁷ It is required to open a US bank account and file US taxes.¹⁸

If you do not have a US Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN): You must apply for the EIN by fax or mail using IRS Form SS-4.¹⁹ You can also call the international IRS line.²⁰ This process takes longer (4 business days by fax, or several weeks by mail).²¹

Step 7: Open a US Business Bank Account

You will use the Articles of Organization (from Step 4) and the EIN Confirmation Letter (from Step 6) to open the account.²²
Many modern FinTech banks (like Mercury, Wise, etc.) offer accounts to non-resident-owned LLCs, often without requiring a trip to the US.²³

🇮🇳 Part B: Required Proof and Indian Compliance

As an Indian resident, the documents you provide are primarily for identity verification and to ensure Indian regulatory compliance is met.

Required Documents from India (for the US Process)

Document Type	Requirement for	Notes
Valid Passport	Identity Proof	Mandatory for all non-resident owners/members.
Proof of Address (International)	Identity Proof	Utility bill, bank statement, or government-issued ID (like Aadhaar Card or Voter ID) showing your Indian residential address.
Business Proof (from India)	Not Required	You do not need an existing Indian business, GST, or IEC to form a US LLC.

Indian Compliance Requirements (FEMA & Tax)

While registering the US LLC is straightforward, you must comply with Indian regulations:

RBI/FEMA Compliance (ODI): If you are remitting money from India to fund the US LLC's initial capital, this is considered an Overseas Direct Investment (ODI).²⁴ You must route the funds through an Authorized Dealer (AD) bank and follow the Liberalized Remittance Scheme (LRS) limits.²⁵
Indian Income Tax: As an Indian tax resident, you must disclose your ownership of the foreign entity in Schedule FA (Foreign Assets) of your annual Indian Income Tax Return (ITR).²⁶
US Tax Filings (IRS): Even if the LLC has no US source income (and thus no US tax liability), it must still file informational returns with the IRS, such as Form 5472 and a pro forma Form 1120.²⁷ This is a critical compliance step often missed by non-residents.

The video below explains the requirements for US LLCs for Indian entrepreneurs in detail. US LLC for Indian Entrepreneurs is relevant because it specifically addresses the process and requirements for Indian founders setting up a US company.