Company incorporation in the USA is a state-level process, not a federal one. This means the procedures, fees, and requirements vary significantly depending on which of the 50 states you choose to incorporate in. The most popular business structures are the Limited
Liability Company (LLC) and the Corporation (Inc.). The first strategic decision is to select a state, with Delaware, Wyoming, and Nevada being popular choices due to their business-friendly laws and strong privacy protections.
A mandatory step in every state is to appoint a registered agent with a physical address in the state of incorporation. This agent is the official point of contact for receiving legal documents and government correspondence. You then file the formation documents—the Articles of Organization for an LLC or the Articles of Incorporation for a Corporation— with the Secretary of State’s office. Once the state approves your filing, the company is officially incorporated.
To operate legally, you must then apply for a Federal Employer Identification Number (EIN) from the IRS. The EIN is crucial for opening a business bank account and for all federal tax filings. Post-incorporation tasks for an LLC include creating an Operating Agreement, which outlines the internal structure and rules of the business. You must also secure any necessary state and local licenses or permits to begin operations.