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Incorporation in DE for US non-resident, questions about the addresses (business, registered, physical, for bank...)

Asked by: olidell  — 10 December, 2012

My partner and myself, as US non-residents, are planning to incorporate a C-corporation in Delaware for a service web platform, remotely operated from Europe (we are not located in the same countries in Europe), and that does not intend to generate revenue during the first 18 months.
After checking, I have still some issues regarding the addresses, as due to restrictive US laws, the European banks refuse to open an account for a Delaware corp., and the US banks want a physical presence to open an account.
Q1: Can I wait my next trip in US in 3 months to open a bank account (no mandatory to open it immediately when incorporating?)
Q2: Can I open the bank account in the state where I am used to staying, without having a physical address in US other than that of the registered agent??™s office, (meaning using my address in Europe for the bank account)
Q3: if finally I use a virtual scan mail service in US with a physical address in a state other than DE, must I register the corp. as doing business in that state? (Even if we don’t do business in US)

Answered by: admin  — 10 December, 2012

Dear Olidell,

1) You don’t have to open a bank account immediately, whenever you come to the US would be fine.

2) You can open the bank account in any state, provided you have a letter from a CPA or attorney stating that this company does not do any business in the state where you open the bank account other than having the bank account there. I invite you to read our article dealing with opening a bank account for your U.S. company, you will find lots of useful tips there: U.S. bank account for non??“US entrepreneurs.

3) Having a virtual address should not require you to register in that state. I would suggest avoiding California, just in case, but other than that I haven’t heard any horror stories dealing with virtual addresses. You can check various options for virtual address here: U.S. Address for non??“US entrepreneurs.

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