General
	Type of entity:		LLC
	Type of law:		Common
	Shelf company availability:		Yes
	Our time to establish a new company:		2 days
	Minimum government fees (excluding taxation):		Varies
	Corporate taxation:		Fiscally transparent
	Double taxation treaty access:		Normally No
	Share capital or equivalent
	Standard currency:		Not applicable
	Permitted currencies:		Not applicable
	Minimum paid up:		Not applicable
	Usual authorised:		Not applicable
	Directors or Managers
	Minimum number:		One
	Local required:		No
	Publicly accessible records:		On formation
	Location of meetings:		Anywhere
	Members
	Minimum number:		One
	Publicly accessible records:		Varies by state
	Location of meetings:		Anywhere
	Company Secretary
	Required:		Not applicable
	Local or qualified:		Not applicable
	Accounts
	Requirement to prepare:		Yes
	Audit requirements:		No
	Requirement to file accounts:		No
	Publicly accessible accounts:		No
	Other
	Requirement to file annual return:		Yes
	Change in domicile permitted:		Within USA only

» Procedure to form

Filing of Articles of Organisation or Certificate of Formation with the Secretary of State in the preferred state of formation.

» Language of Legalisation and Corporate Documents

English. If any other language is used it must be accompanied by a translation in English.

» Registered Office Required

Yes. Must be maintained in state of incorporation/formation at the office of a professional registered agent.

» Shelf Companies Available

Yes, for recommended states.

» Name Restrictions

Anything identical or similar to an existing company within the state of formation. Additionally, the use of bank, trust, insurance or reinsurance within the name of the LLC is generally prohibited in all 50 states. This is because limited liability companies in most states are simply not allowed to engage in a banking or insurance business.

» Language of Name

The name can be in any language. Some recommended states require an English translation.

» Suffixes to Denote Corporation

Limited Liability Company and Limited Company or their abbreviations LLC or LC

» Time to Incorporate/Form

Generally 2 days, but must allow an additional 5 - 7 business days for delivery of documentation.

» US Federal Taxation

US Limited Liability companies structured for partnership tax treatment with non-resident members and which conduct no business in the US and which have no US-source income are not subject to US federal income tax and are not required to file a US income tax return.

» State Taxation

US limited liability companies that conduct no business in the recommended states of formation with non-resident members are generally not subject to state income tax and are not required to file a state income tax return.

» Annual Report/Licence Fees

Of the states recommended, there is either a minimum or a 'flat' annual report or licence fee.

State of Formation	Fee	Due Date
Delaware	US$250	June 1
Wyoming	US$65	Anniversary
Oregon	US$65	Anniversary
New Jersey	US$65	Anniversary
New York	No fee	N/A
Florida	US$65	May 1
Washington DC	US$180	**
Arkansas	US$175	May 1

** The report is filed every two years. If an LLC is formed prior to June 16 in any given year, it's first Two-Year Report is due June 16 that same year. It's next Two-Year Report will not be due for another 2 years.
If an LLC is formed after June 16 in a given year, its first Two-Year Report will be due June 16 the following year. Again, its next Two-Year Report will not be due for another 2 years.

» Financial Statements

There is generally no requirement to file financial statements with the state of formation unless the corporation owns assets within that state or has conducted business within that state.

» Directors/Managers

Normally one.

» Shareholders/Members

Normally one.

	Word	PDF
USA LLC Fact Sheet	80KB	24KB
Enquiry Form	107KB	61KB
Shelf List	71KB
Order Forms	293KB	148KB
	Excel
Comparison Chart	114KB

Disclaimer

Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, it does not constitute legal or other professional advice. OCRA Worldwide does not accept any responsibility, legal or otherwise, for any errors or omission.