How to Legally Register a Startup in the United States

 Registering a startup in the U.S. is a state and federal process: pick a legal structure, name the company, file entity paperwork with your state, secure tax IDs, and meet licensing and compliance requirements before launch. A systematic approach reduces risk and speeds banking, hiring, and go‑to‑market.​



Definition and overview
“Registering” means creating a legal entity under state law, registering your name, obtaining federal and state tax IDs, and securing licenses or permits to operate legally in your industry and location. The exact steps vary by state and business model, but the sequence below works for most startups.​

Step-by-step registration

  • Choose a business structure
    Select between sole proprietorship, partnership, LLC, C‑corp, or S‑corp based on liability, taxes, fundraising, and founder goals; tech startups often choose C‑corps for venture financing, while small teams often start with LLCs for flexibility.​
  • Choose and clear a business name
    Check state availability and trademark risks, and align a domain name; many states require designators like “LLC” or “Inc.” for entities.​
  • Register your entity with the state
    File Articles of Organization (LLC) or Articles of Incorporation (Corporation) with the Secretary of State or equivalent and pay fees; appoint a registered agent with an in‑state physical address.​
  • Get federal and state tax IDs
    Obtain a free Employer Identification Number (EIN) from the IRS online to open bank accounts, hire, and file taxes; then register with state revenue and labor agencies for sales tax, withholding, and unemployment accounts if applicable.​
  • Apply for licenses and permits
    Use federal, state, and local resources to identify industry‑specific licenses, health or zoning permits, professional permits, or home‑based business approvals before operating.​
  • Open business banking and set up accounting
    Use your approved state documents and EIN to open a business bank account; implement bookkeeping, payroll, and expense controls to preserve liability protections and simplify tax filings.​
  • Foreign qualification if operating in multiple states
    If you formed in one state but do business in another, register as a foreign entity in each additional state where you have nexus (employees, offices, frequent in‑person sales).​
  • Maintain ongoing compliance
    File annual/biennial reports, keep a registered agent, pay franchise/annual taxes where required, and calendar renewals and filings to stay in good standing.​


Federal EIN: what to know
Apply online at the IRS site; U.S.-based founders can get an EIN immediately, and international founders apply by phone or via Form SS‑4 by fax or mail if they lack a U.S. principal office. Keep the EIN assignment notice for banks and payroll providers.​

Licenses and permits checklist

  • Sales tax seller’s permit if selling taxable goods/services.
  • Employer registrations for withholding and unemployment when hiring.
  • Local business license and zoning/home occupancy permits where required.
  • Industry credentials (e.g., food service, childcare, transportation).​

C‑corp vs LLC note
C‑corps are common for venture-backed startups due to preferred stock, option plans, and investor familiarity; LLCs suit bootstrapped or pass‑through‑tax focused teams and can convert later if fundraising demands it. Consider tax and investor expectations when choosing.​

Timeline and costs
Expect state filing fees from tens to hundreds of dollars, plus registered agent fees, license fees, and possible franchise/annual taxes; online approvals can be same‑day to weeks depending on state and whether you choose expedited service.​

Quick FAQs

  • Do I need an EIN if I’m solo?
    Generally yes for banking and 1099s; it’s free and immediate online for U.S.-based applicants.​
  • Can non‑U.S. founders register?
    Yes; process is similar, but EIN is typically obtained by phone with the IRS; banking and visas are separate considerations.​
  • Do I need a registered agent?
    Yes for LLCs and corporations; must have an in‑state physical address and business‑hours availability.​
  • What if I operate in multiple states?
    Register in your home state and foreign‑qualify in each additional state where you do business.​
  • Where should I start?
    Use the SBA “Launch your business” and “Register your business” guides to follow state and federal steps in order and find state portals.

 Related Posts-

What is an LLC

Sole Proprietorship vs LLC

Comments