StartupGrants India

US Company Registration (LLC / C-Corp)

Establish a US legal entity to access global capital, customers, and payment gateways

Validity: Annual renewal required (franchise tax and registered agent fee)

What is US Company Registration (LLC / C-Corp)?

Registering a company in the United States allows Indian founders to raise venture capital from US investors, accept international payments through Stripe and Braintree, and contract with US enterprise customers who prefer domestic counterparts.

Registering a company in the United States is a strategic decision made by thousands of Indian founders each year. The C-Corporation incorporated in the State of Delaware is the near-universal choice for founders seeking institutional venture capital.

Who Needs US Company Registration (LLC / C-Corp)?

Indian startup founders raising venture capital from US or global investors, SaaS companies seeking to contract with US enterprise customers, founders who require access to Stripe or Braintree payment processing.

What's Included

  • Access to US venture capital and angel investor ecosystem
  • Integration with Stripe, Braintree, and US payment gateways
  • Preferred corporate counterpart for US enterprise sales contracts
  • Delaware C-Corp is the standard for VC term sheets and SAFE notes
  • Enables employee stock option plans (ESOPs) under US law
  • Access to US banking through Mercury, Brex, and major commercial banks
  • Credibility with global customers and partners
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How It Works

  1. 1

    Choose state and entity type

    Determine whether a Delaware C-Corporation or an LLC best suits your objectives.

  2. 2

    File Certificate of Incorporation with Delaware Secretary of State

    File the Certificate of Incorporation specifying company name, registered agent, authorised share capital, and par value.

  3. 3

    Apply for US EIN from the IRS

    File IRS Form SS-4 to obtain an Employer Identification Number.

  4. 4

    Open US business bank account

    Apply to Mercury, Brex, or Relay with the Certificate of Incorporation and EIN confirmation letter.

  5. 5

    Complete Indian FEMA compliance

    File the prescribed forms with your Indian authorised dealer bank under the Overseas Investment Rules 2022.

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Documents Required

Items marked Required are mandatory; others are situational.

Pre-Incorporation Decisions

  • Entity type decided (C-Corp vs LLC)Required
  • State of incorporation decided (Delaware recommended for VC route)Required

Post-Incorporation Compliance

  • EIN confirmation letter (Form CP 575) received from the IRSRequired
  • Registered agent appointed for the Delaware entityRequired
  • US bank account opened (Mercury, Brex, or Relay)
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Fees & Pricing

Government Fees (US)

Delaware Secretary of State filing fee (C-Corp)

Fee set by the State of Delaware

US $89 (standard)

Delaware annual franchise tax (minimum)

Minimum using Assumed Par Value Capital Method

US $400 per year

Professional Fees

End-to-end US incorporation and Indian FEMA compliance

Quoted on review of your specific case

Varies

* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.

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Frequently Asked Questions

Why do Indian founders almost always incorporate in Delaware?

Delaware offers the most developed body of corporate law in the United States through its General Corporation Law and the Court of Chancery.

What are the RBI and FEMA compliance requirements?

An Indian resident who invests in or incorporates a foreign company is making an overseas direct investment governed by the Foreign Exchange Management (Overseas Investment) Rules 2022.

How long does US company registration take?

Delaware incorporation is typically completed within 1-3 business days once the Certificate of Incorporation is filed. Obtaining the EIN from the IRS can take longer for founders without a US Social Security Number or ITIN, since online EIN issuance requires one — applicants without either must apply by fax or phone instead, which can take several weeks longer.

Should I choose an LLC or a Delaware C-Corporation?

A Delaware C-Corporation is the standard choice for startups planning to raise venture capital, since most US VC funds are structured to invest in C-Corps and it supports issuing preferred stock and an ESOP pool. An LLC is typically simpler and more tax-efficient for a bootstrapped services business that isn't raising institutional capital.

Do I need a US registered agent?

Yes. Every Delaware entity must maintain a registered agent with a physical Delaware address to receive legal and state correspondence — a paid annual service, separate from your actual business address, which can remain in India.

Can I open a US bank account without visiting the US?

Yes, several US neobanks built for startups (such as Mercury, Brex, and Relay) allow founders to open a business account remotely using the Certificate of Incorporation and EIN confirmation letter, without an in-person visit.

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US Company Registration (LLC / C-Corp)

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