For most non-U.S. residents, Wyoming stands out as the best state to register an LLC due to its low costs, strong privacy protections, and supportive business environment.
For the purposes of starting a US LLC, non-citizens living inside or outside of the US can both legally form a US LLC.
In conclusion, it is possible to be a member of an LLC without ownership. This can occur in various situations, including non-owner members, manager-managed LLCs, passive members, and special purpose entities.
Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legal document. Can I write my own Operating Agreement? Yes, but we recommend using an Operating Agreement template. An Operating Agreement is a legal document.
A foreign-owned LLC is an entity in which a foreign entity owns an interest, either directly or indirectly. This can be a single owner or a group of owners. The most common example of a foreign-owned LLC is a single-member LLC owned by a foreign investor.
Meets State Requirements Some states, such as California, Delaware, Maine, Missouri, and New York, require LLCs to have operating agreements. It may jeopardize your corporate status with those states if you don't. And therefore, your liability protection is at risk.
US LLCs that are owned by a single non-resident alien (or by some other type of non-US person, such as a non-US corporation) are required to file IRS Form 5472. Not filing the 5472 (or completing it incorrectly) can have huge negative consequences–the IRS could impose a $25,000 fine.
Absolutely. You may wonder why you need to sign a legal agreement with yourself, but an operating agreement is important to your single-member LLC in many ways, including for starting a business bank account or helping to prove your limited liability status in the face of a lawsuit.
While not always legally required, operating agreements play a critical role in the smooth operation, legal protection, and financial clarity of LLCs. Their absence can lead to governance by default state laws, management, and financial disorganization, and increased legal vulnerabilities.
Absolutely. You may wonder why you need to sign a legal agreement with yourself, but an operating agreement is important to your single-member LLC in many ways, including for starting a business bank account or helping to prove your limited liability status in the face of a lawsuit.