First of all, entrepreneurs should consider the financing scale, ownership, responsibility and tax payment method of enterprises, and carefully choose the organization type of starting enterprises in the United States. Common business organizations in the United States include sole proprietorship, general partnership and limited liability partnership (LLP). ), limited liability company, LLC. ), C company and S company ... The following table divides various organizational forms into two categories according to whether the owners bear unlimited responsibility for the company, and then compares the basic attributes of various organizational forms. Class S joint-stock companies can only be established by American residents, so I won't introduce them here.
Owner's responsibility to the company
Unlimited (the owner takes full responsibility for the company's debts)
Limited (the owner's personal property is not affected by the company's debts)
Organizational form
individual proprietorship
General partnership company
Limited liability partnership enterprise
limited liability company
Class c co., ltd
legal status
Unincorporated entity
Unincorporated entity
legal entity
legal entity
Tax form
After the profits of the company are transferred to the owner's personal income, they shall be taxed according to the personal income tax.
?
Double taxation: the company shall pay enterprise income tax on its profits, and the dividends distributed to the owners shall be paid by the owners.
superiority
Easy to set;
Lower tax burden
Lower tax burden
Lower tax burden
?
Unlimited company life;
Lower tax burden
Unlimited company life;
Easy to transfer ownership;
?
disadvantaged
Limited company life; Difficult to finance
Ownership is not easy to transfer
double taxation
Various documents provided on the website of the company office of the Secretary of State clearly define the types of registered enterprises. When submitting registration documents and amending articles of association to the state government, enterprises should pay attention to whether the forms filled in correspond to the organizational forms of enterprises.
Step 2: Select a registered agent.
Simply put, the registered agent is the communication medium between the state government and the company. According to the laws of American states, enterprises with independent legal personality (such as limited liability companies and Class C joint-stock companies) must have their own registered agents to receive government official documents, legal affairs and tax documents on their behalf, and notify the person in charge of the company to ensure timely and proper handling of relevant important affairs. If a company has offices in different states, it is difficult to handle different legal affairs in different states in time, which will bring problems to the company. For example, if a company is sued by a customer, but fails to appear in court because of missing letters, the court may make a default judgment, and the defendant cannot appeal against this judgment. In order to avoid unnecessary damage to the company's rights and interests caused by similar mistakes, the company should choose a registered agent authorized by the state government to ensure that corresponding actions are taken in time after receiving legal documents.
At present, the four major registered agencies in the United States are: corporate trust company (CT), corporate service company (CSC), national registered agency company (NRAI) and Incorp Services (ISI). Entrepreneurs can consult by telephone and register online in official website if they are willing to cooperate. In addition, entrepreneurs can also seek some local lawyers and accountants with lower fees as their registered agents.
Step 3: Keep the company name.
Entrepreneurs should submit an application form to the state government to keep the company name, and keep three company names for future use. The application fee is 20 dollars. (Note that different enterprise organization types correspond to different application forms. ) When preparing the name, you can first search whether the company name has been used in the company name database of the state government website.
Once the form is submitted, the name will be retained for 60 days, and the company will receive a retention certificate (receipt) issued by the government. When the company is established, it must use one of the three names applied for and return this voucher at the same time.
Enterprises can apply for two extensions of retention, each extension of 60 days, each application of $20. The application method is to submit a written request for extension within the last application period, and attach an appointment certificate for the application period.
Step 4: Prepare and submit the Articles of Association.
To establish an enterprise, the articles of association must be submitted to the secretary of state (company branch) of the registered country for certification. Different organizational forms of enterprises correspond to different articles of association templates. Here, the two most common types of organizations are introduced in detail, namely, limited liability companies and class C joint-stock companies. For enterprises registered in other organizations in other States, you can make inquiries on the state government website.
Registered new york resident enterprises
Class C joint-stock company
limited liability company
General enterprise
Materials to be submitted
certificate of incorporation
Articles of association
?
expense
125 USD
200 dollars
Professional services 1 enterprise
Materials to be submitted
Company registration certificate;
Certificate of good reputation/authoritative certificate provided by the Court of Appeal/sent directly by the Ministry of Education to the Secretary of State (unsealed is invalid).
Articles of association of the enterprise;
Certificate of good reputation/authoritative certificate provided by the Court of Appeal/sent directly by the Ministry of Education to the Secretary of State (unsealed is invalid).
expense
125 USD
200 dollars
Out-of-state/foreign enterprises apply to operate in New York State.
Class C joint-stock company
limited liability company
General enterprise
Materials to be submitted
Application for authorization of authority;
Certificate of existence/good reputation issued by the government of the original place of registration.
Application for authorization of authority;
Certificate of existence/good reputation issued by the government of the original place of registration.
expense
225 dollars
250 dollars
Professional services 1 enterprise
Materials to be submitted
Application for authorization of authority;
Certificate of existence/good reputation issued by the government of the original place of registration;
Certificate of good reputation/authoritative certificate provided by the Court of Appeal/issued by the Ministry of Education.
Application for authorization of authority;
Certificate of existence/good reputation issued by the government of the original place of registration;
Certificate of good reputation/authoritative certificate provided by the Court of Appeal/issued by the Ministry of Education.
expense
200 dollars
200 dollars
Enterprises can download relevant forms from the website of state companies, fill them out and submit them by mail or fax. The above documents can be speeded up by paying an extra urgent fee: 25 dollars on the basis of the original application fee can be completed within 24 hours; Pay an extra $75, which can be completed on the same day; The extra payment of $ 150 can be completed within 2 hours.
Step 5: Apply for the Employer Identification Number (EIN).
Enterprises established in the United States should also apply for an employer identification number for the enterprise. This number will be used to open a bank account, register employers with the labor department and declare taxes at the end of the year.
If the applicant has a social security number (SSN) or an individual tax identification number (ITIN), he can apply for an employer identification number online at the IRS and get it immediately. If the applicant does not have an American ID number, he can apply for an employer ID number by telephone, fax or email (form SS-4), which can be downloaded from the website of the Internal Revenue Service. You can get a reply within 4 working days by fax and 4 weeks by mail. This program is free, and the applied employer identification number is valid for life.
Step 6: Open a bank account and a credit card.
There are two types of savings accounts in the United States, one is a checking account with almost no interest for daily transactions, and the other is a savings account with higher interest, which is suitable for large deposits and less withdrawals. Common corporate bank accounts are Bank of America, Bank of America (BoA), Bank of JPMorgan Chase (Morgan JP ChaseBank) and Citibank. The accounts opened by limited liability companies, Class C joint-stock companies and general partnerships in JPMorgan Chase Bank are introduced in detail here. Other types of institutions can make specific inquiries on the bank website.
When you open an account in JPMorgan Chase Bank, you can choose different service types according to the enterprise scale and cash flow. For example, Chase Total Business Checking requires that the service fee of $65,438+00-65,438+02 per month be exempted from the minimum balance of $65,438+02 per month, and the deposit of less than $7 per month and the deposit and withdrawal of less than $50,000 in 500 yuan can be exempted from additional handling fees, so as to provide wire transfer services for inbound and outbound deposits and international receipts in the United States. The services corresponding to Performance/Platinum provide customers with greater access and wider international wire transfer services. Opening a corresponding savings account can exempt the monthly service fee of the savings account.
The necessary information for opening a company account in JPMorgan Chase Bank is shown in the following table:
? Class C joint-stock company
limited liability company
Partnership shop
People who need to be present when opening an account.
An authorized representative must be present.
Member Management-All Members
All general partners must be present.
Manager Management-All Managers
Personal identity information
The government recognizes identity documents: passports
Secondary identity documents: other evidence that can help prove personal identity, such as credit cards with embossed names, water and electricity bills, etc.
?
Tax certification information
Equipment installation notice
EIN/SSN/ITIN
Equipment installation notice
Business document
The government has approved the articles of association.
cowcc
Proof of existence
The government has approved the articles of association.
cowcc
Certified partnership contract
cowcc
Supplementary material
One of the following documents and the current list of senior executives: company meeting minutes/annual report.
One of the following documents, including the list of current members/managers: company meeting minutes/annual report.
One of the following documents is related to the current list of general partners: company meeting minutes/annual report.
Personal information with company ownership exceeding 10%.
Legal name, residential address and shareholding ratio
(Limited company managed by the manager only) Legal name, residential address and ownership ratio.
Legal name, residential address and ownership ratio
Key personnel information of the company: names, identity cards and addresses of board members and senior managers.
Other information that can be used.
The business address and telephone number of the company, the number of institutions, the location of customers, the nature of business, the total annual sales, the number of employees and the expected type and quantity of account opening transactions.
In addition, enterprises should also consider the maintenance cost, consumption incentive mechanism and other factors to choose the most suitable corporate credit card. The following table compares the basic characteristics of several common corporate credit cards:
? Providing organization
overwhelm
annual fee
International transaction cost
A spark of capital commercial cash
First Capital Bank
Any consumption can get 2% cash back.
The first year is free; 59 dollars per year thereafter
not have
Simple cash plus business
American Express Company American Express
Accumulated qualified consumption reaches $5,000 within 6 months before opening an account, and you can get $200 in cash back;
Within one year after opening an account, the accumulated qualified consumption reaches $65,438+00,000, and another $200 can be obtained;
Mobile phones and office supplies purchased directly at American telecom service points can get 5% cash back.
not have
2.7% of each transaction amount
Bank of America Commercial Cash Award
boa
BOA
Gas stations and office supplies stores can get 3% cash back.
Restaurant consumption can get 2% cash back
You can get 1% cash back when you spend in other places.
not have
3% of each transaction amount