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Setting Up a Delaware Company as a Non-U.S. Resident

Non-residents who choose to incorporate a company in Delaware are equally choosing to have the internal affairs of the company or the relationships between its stockholders and directors to be governed by Delaware law.

Setting Up a Delaware Company as a Non-U.S. Resident

Do I Need a U.S. Business Address to Form a Delaware Company?

One of the important requirements for setting up Delaware Company as a non-US
resident is that of a registered address. However, you do not need to have a physical
address or office space in Delaware to own a Delaware company. The only address
required on company formation documents (LLCs and corporations) is your registered
agent’s address with a physical address in Delaware.

Recommended reading: Delaware company formation

Can a Non-U.S. Resident Get an EIN (Employer Identification Number)?

To be eligible for an EIN number as a non-U.S. resident, you must have a business or trade in the United States, or be planning to start one soon. If you have a Social Security number (SSN), you could apply for an EIN online. As a non-U.S. resident, though, you can still get an EIN without an SSN, the process is a bit stringent. You’ll do so by completing Form SS-4 and submitting it to the Internal Revenue Service (IRS) by postal mail or by fax. The form must be filled completely else it will not be processed by the IRS. Additionally, due to workload, the IRS typically does not request for additional information in situations like this.

Can a Non-U.S. Resident Be an Officer or Director of a Delaware Corporation?

Delaware’s Corporate Law does not impose restrictions on the ownership or management
of a Delaware company by a non-resident of the United States. Thus, foreigners can be officers or directors of a Delaware company.

How Do I Open a U.S. Business Bank Account as a Non-U.S. Resident?

If you’re a foreign business owner trying to open a corporate account, here are the
requirements needed:
A. Photo ID for the director opening the account
B. Proof of personal address for the named director
C. Articles of incorporation/organization.
D. EIN or fax confirmation from the IRS.
E. US registered agent’s address as stated above.
H. Utility Bill from the last 6 months (can be from any country).

Delaware Registration Cost

Sidebrief charges $400 to $700 to register your company in the United States.

SIDEBRIEF

Sidebrief is a RegTech startup that makes business registration and compliance easy
for founders, entrepreneurs, and business owners across Africa by removing lengthy paperwork, complexity, and hidden fees. We provide the tools for founders to start and scale businesses across borders from a single interface. Simply sign up to get started.

For further information, contact us today.Email – hello@sidebrief.com
Phone Number – +2349018081296

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