Documents You Need to Form a US Company

To form a US company as a non-resident you need surprisingly few documents: a public formation filing (Articles of Organization for an LLC or a Certificate of Incorporation for a corporation), an internal operating agreement or bylaws, an SS-4 to get your EIN from the IRS, and the formation paperwork your bank asks for to open the account. You do not need a US address of your own, an SSN, a visa, or notarized passports for any of the core filings. The one document that actually carries your signature as a foreign owner is the operating agreement (or board consent) — the state filing is usually signed by your organizer or registered agent, not you.

What is the main document that creates a US company?

One public filing with the state legally creates your company — everything else supports it.

For an LLC, that document is the Articles of Organization; for a corporation, it is the Certificate of Incorporation (Delaware's term) or Articles of Incorporation. You file it with the state's business division, pay the filing fee, and the moment it is accepted the entity exists. This is the document banks, the IRS, and clients treat as proof your company is real.

The information it asks for is minimal and does not include your residency or citizenship.

A Wyoming Articles of Organization requires the company name, the name and physical Wyoming address of your registered agent, the company's mailing and principal-office addresses, an email for state notices, and the signature of an organizer. A Delaware Certificate of Incorporation requires the entity name, the registered agent's Delaware name and address, the number and par value of authorized shares, and the name, address, and signature of the incorporator. Neither form asks where the owner lives.

If you are still choosing between the two, the Wyoming vs Delaware for non-residents guide covers which entity fits a solo founder versus a VC-track startup.

Do I need an operating agreement, and do I have to sign it?

Yes — and this is the one core document you actually sign as the owner.

An operating agreement (for an LLC) is an internal contract that sets out who owns the company, how it is managed, and how profits are split. States like Wyoming and Delaware do not require you to file it with them, so it never becomes public, but it is the document that proves you control the company. A corporation's equivalent is its bylaws plus an initial board/shareholder consent that appoints officers and issues shares.

Your bank will almost always ask for the operating agreement to verify ownership and authorized signers, so a missing or unsigned one is a common reason a non-resident's account application stalls.

For a single-member LLC, you decide one structural choice in this document: member-managed (you run it directly) versus manager-managed (a named manager runs it). Most solo founders pick member-managed. This is also where you confirm 100% foreign ownership, which is perfectly legal and does not change any of the filings above.

Which document gets me an EIN as a non-resident?

Form SS-4 is the document that gets you an EIN, and you can complete it with no SSN.

The EIN is your company's federal tax ID, and you cannot open a US bank account without it. Non-residents apply on Form SS-4; because the online tool requires a US taxpayer ID, you submit the form by fax or mail instead. Line 7b asks for the responsible party's SSN, ITIN, or EIN — the IRS instructions tell foreign applicants with none of these to enter "Foreign" (some filers write "N/A"), and in practice some leave it blank and the EIN still issues.

Fax is the faster route. The IRS fax number for applicants outside the US is 304-707-9471 (855-215-1627 inside the US), the EIN typically comes back in about four business days, and there is an international phone line at 267-941-1099. The full line-by-line is in the EIN without an SSN guide.

StableCorp files your SS-4 and opens the US bank account as part of formation, so you sign one packet instead of chasing the IRS by fax yourself — see pricing for the all-in number.

What documents does a US bank need to open the account?

Banks ask for proof the company exists, proof of its tax ID, proof of who controls it, and your personal ID.

That translates into four documents you should have ready before you apply: your stamped formation certificate, your EIN confirmation letter (the IRS CP-575 or a 147C), your signed operating agreement or bylaws, and a government photo ID such as your passport. Some banks also ask for proof of address and a short description of your business activity.

Sequencing is what trips people up, not the paperwork itself.

An EIN is required to open a US business bank account, and applications without one are rejected — so the order is always file the entity first, get the EIN second, open the bank third. The open a US bank account as a non-resident guide walks through what providers currently accept foreign founders, which can change provider to provider.

Which formation documents does a non-resident actually sign?

Far fewer than most founders expect — often just one or two.

The state filing is signed by the organizer (LLC) or incorporator (C-Corp), and that person can be your formation agent rather than you. The documents that genuinely require your signature as the owner are the operating agreement or board consent, the SS-4 (as responsible party), and your bank's account-opening forms. None of these require notarization, an apostille, or a US witness for the core federal and state steps.

Note as of June 2026: most non-resident founders no longer file a beneficial-ownership (BOI) report. Under FinCEN's March 2025 interim final rule, entities formed in the US and US persons are exempt; only companies formed under foreign law and registered to do business in a US state must report. The rule is interim with litigation ongoing, so verify current guidance at fincen.gov/boi before you rely on it.

The document choice non-resident guides skip: where you form decides your payout cost

The paperwork to form a Wyoming LLC and a Delaware C-Corp looks nearly identical, but the entity you choose quietly sets your cost to turn revenue into spendable cash.

A US entity formed with StableCorp can invoice in USD and receive USDC or USDT on Solana, Ethereum, and Polygon — and the off-ramp fee depends on how you incorporated, not just on the bank.

For clients incorporated with StableCorp, the off-ramp is 0.5% and the on-ramp is 1.5%, versus the market's roughly 2.9% headline plus about 2% hidden FX markup that lands near 5% effective.

For Indian founders, StableCorp also runs a direct off-ramp to INR at 1% on compliant RBI purpose-code rails (P0802, P1004, P1005, P1006, P1007, P1009, and others on request) — a proper paper trail, not the DIY direct-wallet grey area. The formation documents are a one-time signature; the payout rate applies to every dollar you ever move, which is why the entity choice on page one matters more than any single form. See pricing for the full schedule.

What documents do you keep after formation?

Keep the originals — your bank, your CPA, and future investors will all ask for them.

Store your stamped formation certificate, your EIN letter, your signed operating agreement or bylaws, and your annual report confirmations in one place. A foreign-owned single-member LLC also has to keep records to support its yearly Form 5472 plus pro forma 1120 filing — due every year even with zero activity, with a $25,000 penalty per form for missing it. The foreign-owned US LLC explained guide covers that filing in detail.

StableCorp forms Wyoming LLCs and Delaware C-Corps, files your SS-4, opens the US bank account, and can onboard an existing entity if you already formed one elsewhere — so every document above lands in one signed packet. Start with pricing to see the all-in cost.

This article is general information, not legal or tax advice. State forms and federal rules change — verify current requirements with the relevant Secretary of State, the IRS, and FinCEN before you file.

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