For the purposes of starting a US LLC, non-citizens living inside or outside of the US can both legally form a US LLC.
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.
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.
How to form a single member LLC Register a business name. Apply for an Employer Identification Number (EIN) Designate a registered agent—the person who receives all tax correspondence. File articles of organization with your Secretary of State. Open a business bank account.
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.
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.
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.
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.
If you're forming—or have formed—an LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.