If you’re planning to launch a business in the United States, one of the most important steps is legally forming your company. Whether you’re setting up a corporation or a limited liability company (LLC), the first formal step in USA company formation is filing the right formation documents with the appropriate state agency.
These documents are known as Articles of Incorporation (for corporations) or Articles of Organization (for LLCs). Filing them correctly is key to securing limited liability, opening bank accounts, paying taxes, and operating legally in the U.S.
In this guide, we’ll walk you through the entire process of filing these documents — step by step — and cover everything you need to know about company registration in the USA.
What Are Articles of Incorporation and Articles of Organization?
Articles of Incorporation are legal documents filed with a state government to establish a corporation as a legal entity. Similarly, Articles of Organization are used to form an LLC.
These documents typically include:
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Business name
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Business address
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Registered agent details
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Business purpose
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Share or membership structure
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Organizer or incorporator details
Each U.S. state has its own rules and filing procedures, so it’s important to choose the right state for your USA business incorporation and follow their specific requirements.
Step 1: Choose the Right Business Structure
Before filing anything, you’ll need to decide whether to form an LLC or a corporation. Here’s a quick comparison:
LLC:
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Easier to manage
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Pass-through taxation (profits taxed at personal level)
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Flexible ownership and structure
Corporation:
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Better for raising capital (especially from investors)
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More formal structure
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Subject to double taxation unless elected as an S-Corp
Your choice affects not just your tax obligations but also the formation document you’ll need to file.
Step 2: Pick the State of Incorporation
You can incorporate in any U.S. state, regardless of where you live or plan to operate. Some states like Delaware, Nevada, and Wyoming are especially popular for their business-friendly laws and privacy protections.
However, keep in mind:
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If your business operates physically in another state, you may still need to register there as a foreign entity.
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Some states have higher fees and annual reporting requirements.
Tip: If you’re a non-U.S. resident looking at company registration in the USA, Delaware is often the go-to choice due to its efficient corporate laws and ease of incorporation.
Step 3: Choose a Business Name
The name must be:
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Unique in the state where you’re registering
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Compliant with state naming rules
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Ending in “LLC” for limited liability companies or “Inc.”, “Corp.” for corporations
Most state websites have a searchable database to check name availability.
Step 4: Appoint a Registered Agent
Every U.S. company must have a registered agent with a physical address in the state of incorporation. This agent receives legal and tax documents on behalf of your company.
You can act as your own registered agent if you live in the U.S., or you can hire a professional service — which is the preferred option for international founders.
Step 5: File the Articles with the State
Once everything is ready, it’s time to officially file your Articles of Incorporation or Articles of Organization.
Here’s what you’ll need to include:
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Business name and address
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Registered agent information
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Purpose of the business (can be broad, like “any lawful activity”)
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Names of directors or members
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Share or ownership structure
How to File:
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Most states offer online filing through the Secretary of State’s website.
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Alternatively, you can file by mail.
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Filing fees vary from $50 to $500, depending on the state.
Timeline:
Processing times vary — some states approve applications within 24–48 hours, while others may take a few weeks.
Step 6: Receive Confirmation and Formation Documents
Once your documents are approved, the state will issue:
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A Certificate of Incorporation or Certificate of Organization
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An official stamped copy of your articles
These documents are proof that your business is legally formed and authorized to operate.
Step 7: Apply for an EIN (Employer Identification Number)
After your USA business incorporation, you’ll need an EIN from the IRS to:
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Open a U.S. bank account
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Hire employees
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File taxes
How to Apply:
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U.S. citizens and residents can apply online.
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Foreign nationals must submit IRS Form SS-4 by fax or mail.
This step is essential for completing your USA company formation.
Step 8: Comply with Ongoing Requirements
After incorporation, your company will need to meet ongoing state and federal requirements. These may include:
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Annual reports
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Franchise taxes
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Business licenses
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Compliance filings
Ignoring these obligations can lead to penalties or even dissolution of your company.
Conclusion
Filing Articles of Incorporation or Organization is a critical step in your journey toward company registration in the USA. While the process can seem overwhelming — especially if you’re managing it from overseas — it becomes straightforward when broken into clear steps.
Whether you’re a solo founder, a startup team, or an international investor aiming for USA company formation, starting with the right legal foundation ensures your business can grow without unexpected roadblocks.
From choosing the right state to submitting the correct documents, attention to detail now can save you legal headaches later.
