Yes, it is fully possible. It is necessary to make a change in the operating agreement or internal minutes appointing the share and the people accountable for management in international territory.
Yes, you can as a foreigner. US laws allow it and it is not required to travel to the USA. Just appoint a registered agent as VIP BUSINESS and give procedural follow-up, through our international agent who is in Brazil.
Is it required to be present (individual or company), on American soil, to establish an international company or branch?
No need. Through the VIP BUSINESS office, you can establish and meet all government procedures without traveling.
No. The presence of the individual is indispensable to open a bank account in the United States. For opening an personal bank account is required a proof of address in the United States, as the legal account, can only be opened after the corporate structure of the company is complete. The VIP BUSINESS guides and advises on these proceedings.
If the partners or owners of the shares can’t act at the headquarters or branch, is it possible to appoint a manager to operate in that country?
Yes, it is possible and legal.
Although I do not have a physical address in the United States, is it possible to incorporate a company?
Yes, it is possible using a address of a representative office as VIP BUSINESS or another registered agent. Is choosing VIP BUSINESS we cant provide an address or suite if it is not necessary to make industrial production operation.
Yes, there are several. Conditions may vary according to the intention and the objective of the business.
- Sole Proprietor (Individual Company)
- CORPORATION (Anonymous Society Capital Open or Closed)
- S- CORP (categorized as Micro Company or Small Businesses)
- Non-Profit Organization (NPO Company)
- LLC – Single Member (Limited Liability Company of sole shareholder)
- LLC (Limited Liability Company)
- LLP (Limited Liability Company)
What is the difference between an LLC, S.CORP and a Corp tax? Do the partners need to be a resident?
Basically, the difference is that the Corporation, known as Regular Corporation (Corp / Inc) is subject to federal and state taxes (Exception in some states), and the partners are taxed in the event of profit distribution, unlike the others they are taxed as a corporation, exercising fiscal and financial consolidation of the partners, in other words free distribution tax. In both cases, Regular Corp or LLC, members do not need to be residents; only in the case of S-CORP (Small Business) that according with the IRS members must be American tax residents.
Corporations and Limited Liability Companies provide its owners limited liability protection, (i.e., the owners are not jointly and severally liable in the event of debt and corporate bonds.
All USA Corporations are required to have directors and administrators who are to be appointed and held accountable for decisions, or those who are identified. In the case of LLC’s, executives and managers can form partnerships, without being the owners or directors.
Some states require that it appears in your documents. It is a specific warranty seal of the corporation, showing the name of the company, the state, and the year of incorporation or constitution.
If a corporation is legally constituted within the United States this attribute is permanent while it is active. Even if there is death or debilitation of one of the partners or shareholders the company continues to account for the actions and responsibilities juridically.
A corporation can have its capital increased simply by selling shares, observing the laws governing this proceeding, and by an agreement between the shareholders. The corporation may also have its shares of stock transferred between partners in a simple and valued way.
A corporation is considered domestic when it acts in the state in which it was incorporated and registered. To work or settle in other states the company will initially be considered a foreign corporation. It should be recorded as foreign in every state desired to operate business. This way it is now considered a local company and thus guaranteeing representation in all legal aspects to the society.
A Registered Agent is authorized to receive or transmit various types of official correspondence to the Federal and State government, as well as being the representative to receive notifications, examine annual reports or receive government actions.
The Corp is a type of corporation that caters to all businesses. It is a type of legal entity, isolated from the responsibilities of their owners and may have a closed or open capital. The main advantage is that the assets and property of the shareholders are protected against.
It is a corporation that keeps the tax status on income differently with the IRS, where taxation is consolidated in the statement of shareholders, exempting tax distribution.
This type of corporation can exist only if its partners are U.S. tax residents. The differential tax regime can be addressed only certain period of time and existence. You may not issue preferred shares with special liquidation or dividends. The corporation must be American with only one class of stock. This framework enables the corporation not to be subject to taxation in isolation to its members. An S-Corp does not compromise the legal protections that companies usually offer.
If the activity of a corporation is characterized and directed in the areas of education, philanthropy, churches or scientific development, this can be classified as a non-profit corporation – NON PROFIT ORGANIZATION. If there are any financial economic results in this type of corporation, the result will not be subject to taxation, but cannot be made available to shareholders and directors.
There are three positions: President, Secretary or Treasurer and Manager.
The responsibility changes depending on the function that the person has and which is established in the Articles.
The President has overall executive responsibility for the administration and is directly responsible for executing the orders of the Board, which elects him to do so.
The Treasurer is a chief financial manager of the corporation being responsible for control and record keeping finances and bank accounts of the corporation. If he is a shareholder, he will be responsible for the company.
Manager or Secretary is typically responsible for maintaining the records of the corporation. It may or may not be a shareholder.
The general responsibilities are described in the Statute of the Company and may be defined by an employment contract or agreement between the partners, managers and directors.
It is one of the American states that possesses a series of fiscal and tax incentives constants given at state level. Included in this list is the State of Nevada, which is exempt from taxation for companies.
No, although many wish this was the case. Being an independent U.S. state, both Delaware and Nevada, cannot be considered paradise, for it is subordinate to the American Federation which does not consider or treat it as paradise.
The legislation is evolved and flexible in each state. The state has a profile of actions that are closer to the business enterprise vision of what a public institution of government, and companies and partners should have. Taxes are the biggest attractions. A corporation established in these states is not subject to statewide sales tax. In the case of Delaware, the company is exempt from submission of declaration of State Income Tax.
The same person can be Shareholder, Director or Administrator of the same Company and the Shareholders, Directors, Managers and Administrators are not required to reside in Delaware. The names and addresses of their shareholders do not appear in the records and public records. Other words there are no obligation to disclose publicly. The Company may be represented by a registered agent in Delaware (Trusted).
In the United States it is not mandatory that a corporation is established in the state of its operating activities. The United States is a confederation of independent states that have laws themselves and uneven. The option very well accepted are the state of Delaware and Nevada that have taxes much lower than the other states or require almost no taxes.
Partners are the owners of the corporation who receive share certificates and have a financial interest in the company, similar to stock in a corporation entitled to vote at meetings. The Members can receive certificates in exchange for financial compensation or providing services to the company. Officers can be nominated, but not necessarily owners. Listed in statute but are not the partners.
iNot necessarily, but is usually does, although it is a private document without the obligation of public demonstration.
The Article of Incorporation, is the document that deals with the establishment of a corporation, it must be brought to registration state and become the only document to deal with the state government, IRS and banks.
It indicates all matters pertaining to the opening and: regular meetings, activities, fiscal year and all public information.
Upon creation, a company receives a State Number and it’s renewed annually; the fee depends on the state where the company pays the Annual Report.
It is the Tax Identification Number of the Employer in Federal context. It is provided by the Federal Government to control and collect tax. This number is not transferable.
It is the Tax Identification Number for individuals, which should not be required when owning a record in the IRS or a social security number (Social Security). With this, it is allowed to open checking accounts, establish company, or receive any capital gain or wages without being a U.S resident.
A company, in American territory, needs occupational and/or operational licenses even before starting their activities. In each county, it is required to provide a local record and explore services. If the service is very technical, it is necessary to conduct a written test for the acquisition of operating permit or exploration services.