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About incorporating as foreigner in US

Asked by: Elyor Adilov  — 4 June, 2012

I??™ve asked questions before so thank you for detailed answers. And I have some follow up questions.
1. We have three shareholders so how do we indicate each person??™s share while incorporating?
2. How soon should I get business checking account as I incorporate?
3. Can I have offshore business checking account for corporation in Delaware?
4. Do I need to get accountant immediately as I incorporate or I can get one after a year when annual reports are due?
5. Can I use postal mailbox address as business address like when I open bank account?
6. It is required to be present while opening business checking account. Can I indicate somebody non-citizen in US as vise president (secretary or treasurer) and have him to open account in US for our corporation?
7. Does registered agent send our mails to international address?

Answered by: admin  — 4 June, 2012


1. You will need to specify the shares of each shareholder in the company Bylaws. There is no need to specify them in the Articles of Incorporation.

2. Opening a checking account is a business decision. You can open it as soon as your company is incorporated.

3. You can certainly open bank accounts offshore, just keep in mind in countries that recognize Apostille the banks would require you to present the Certified Articles of Incorporation with Apostille, and in those that don’t the banks would require Embassy Certification for the Articles.

4. You only need an accountant when its time to file an annual tax return. Delaware has no annual report, but an Annual Franchise Tax (pretty much the same thing), and you can file it yourself online. It is advisable to have a bookkeeper right away, either in-house or not.

5. A PO Box would work as mailing address, but not as physical. Although you are not required to supply one to Delaware (they only require Registered Agent address in Delaware), you do need to supply one for the IRS (but it could be a foreign address as well).

6. You can choose someone to represent the company in front of a banker. To do so you would need to officially designate that person as an officer of the corporation, like Vice-President, or designate that person as the Initial Director. Being incorporators we designate the initial directors on the Letter of Resignation of Incorporator, and typically it’s enough.

7. Registered Agent would forward legal communications via electronic methods (such as email or fax), and would forward the physical documents to any address on file. Keep in mind though, this is not a mail forwarding service – the only communications forwarded to the clients are those dealing with legal aspects of service of process (meaning if the company is sued).

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