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Procedure to Open office in USA for Indian Software Company

Asked by: Key - 13 March, 2012
https://d25eic0jctudgb.cloudfront.net/images/site/avatars/default.png-f1597c1da25f30f8c1a941405e8391c8 We are Web Development and Search Engine Optimization company.

We are planning to open office in USA for marketing purpose and for better client communication.

(1) Should we open marketing office in USA as Indian Company?
(2) Should we register LLC in USA through some local person? If we do that can we keep the Same Business Name (Brand)?

Which would be easier in terms of legal formalities and advisable?
Answered by: Robert Kowalski - 15 March, 2012
https://d25eic0jctudgb.cloudfront.net/images/site/avatars/35.jpg-687fc92d5f6c5febcbdccb6895b08b8c Dear Key,

It would be much easier to form a domestic (US) entity, probably an LLC in one of the incorporation friendly states. That LLC can be fully owned by your Indian company.

Keep in mind that although its relatively easy to form an LLC, opening a bank account for it in the US could be a challenge. The banks in the US require an individual representative of the company to be physically present in front of a banker with a personal identification and a proof of address, as well as a letter from the company CPA/attorney stating that the company does not do business in the state where the bank account is to be opened. 

It is possible to skip all that hassle if you choose to open a bank account for your US company in India, in which case you would need to have a Certified Copy of Articles with Apostille, however that solution might not work (many international entrepreneurs open companies in the US specifically to be able to have bank presence in the US as well).

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