How to form a US LLC step by step, without weak shortcuts

A US LLC can be formed in 3-4 business days with the right file. Exentax coordinates state filing, EIN, Operating Agreement, banking and compliance for real operations.

Forming a US LLC as a non-resident can be coordinated remotely and completed in a few weeks. You don't need a visa or a US lawyer for the company formation itself; banking is assessed separately, especially if you want a traditional branch relationship.

Here's the complete step-by-step process.

From state selection to an operating LLC

Step 1: Choose your state

The first step is deciding which state to form your LLC in. The three most popular for non-residents:

• New Mexico: No Annual Report or annual fees (no state maintenance fee)
• Wyoming: Maximum privacy. Strongest asset protection.
• Delaware: Best legal framework. Recommended only if seeking investors.

Most freelancers and digital entrepreneurs choose New Mexico for its simplicity and low cost, or Wyoming for its privacy and asset protection.

Step 2: Choose your LLC name

Your LLC needs a unique name not already registered in the state. The name must include "LLC" or "Limited Liability Company."

Example: "Smith Digital LLC"

You can verify name availability on the Secretary of State's website for your chosen state.

Step 3: Designate a Registered Agent

Every LLC needs a Registered Agent — a person or company with a physical address in the state who receives legal documents on behalf of your LLC.

As a non-resident, you hire a professional Registered Agent service. This is included in Exentax formation plans.

Step 4: File the Articles of Organization

This is the official document that creates your LLC. Filed with the Secretary of State, it includes:

• LLC name
• Registered Agent address
• Management type (Member-Managed or Manager-Managed)
• Organizer name

Processing time varies:

• New Mexico: 1-2 business days
• Wyoming: 1-3 business days
• Delaware: 1-3 business days

Step 5: Obtain the EIN

Once the LLC is formed, you need the EIN (Employer Identification Number), your company's tax ID with the <a href="https://www.irs.gov" target="_blank" rel="noopener">IRS</a>.

The EIN process for non-residents is done by fax or mail to the IRS. Response time: 2-8 weeks. This is the biggest bottleneck in the process.

Step 6: Prepare the Operating Agreement

The internal document defining your LLC's rules. Although most states don't require filing it with any authority, it's essential for opening bank accounts and verifying your LLC with payment platforms.

Step 7: Check the BOI scope

BOI rules have changed, so the right move is not to file mechanically. Verify whether the LLC falls within the current FinCEN scope, keep the beneficial-owner file documented and file only when the rule actually requires it. This is where Exentax steps in: we check the current obligation, archive the decision and, if the authority asks, your answer is already on the desk.

Step 8: Open the bank account

With documents in hand (Articles of Organization, EIN, Operating Agreement), you can open your US bank account. The most popular options:

• Mercury: USD banking option when KYC and business profile fit, with current fee table reviewed before use
• Relay: Alternative with up to 20 sub-accounts (Thread Bank, FDIC, provider-enabled payment links)

Fintech onboarding is often remote and typically takes 1-5 business days when KYC fits. Traditional banks are different: branch review, authorized representation or extra documentation may be required depending on the case.

Step 9: Configure payment gateways

With your LLC and bank account active, you can register on:

• Stripe US: Card payment processing (2.9% + $0.30)
• PayPal Business: Requires ITIN from the owner
• DoDo Payments: Merchant of Record for B2C digital products

Step 10: Set up additional financial tools

Complete your financial infrastructure:

• Slash: Corporate treasury (yield on idle cash)
• Wise Business: Multi-currency accounts and conversion

Step 11: Start operating

Your LLC is ready. You can now invoice clients, receive payments, and operate your business from anywhere in the world.

Complete timeline

The bottleneck is the EIN. the IRS can take several weeks for non-residents.

Can I do it myself?

Technically yes. But let's be honest: do you want to spend weeks navigating English-language forms, calling the IRS (during US business hours with 45+ minute hold times), hoping Mercury doesn't reject your account because of a mismatched detail, and discovering after the fact that your generic Operating Agreement doesn't work?

Common DIY errors:

• LLC name with characters the state rejects
• EIN requested with the wrong form (SS-4 vs W-7)
• Operating Agreement downloaded from the internet that doesn't meet Mercury's requirements
• BOI/FinCEN scope misunderstood after the March 2025 rule change
• Bank account rejected due to inconsistent documentation

Each error costs you weeks of delay and, in some cases, money.

With Exentax, you do nothing (literally)

We handle the entire formation process from start to finish. You give us your passport, tell us what you want your LLC to be called, and we do the rest:

1. We choose the optimal state together during the initial consultation
2. We file the Articles of Organization: typically in 1-3 days
3. We obtain the EIN from the IRS. we handle all communication
4. We prepare your Operating Agreement: prepared for the case, not copied from a standard download
5. We file the BOI Report with FinCEN
6. We open your bank account on Mercury with complete, perfect documentation
7. We leave you operational: ready to invoice, collect, and start working

If something in this structure left you wanting more detail, <a href="/en/blog/llc-mistakes-irs-banking-and-asset-protection">Common LLC problems and how to avoid them: lessons from real clients</a> and <a href="/en/blog/ein-for-a-us-llc-without-ssn-or-itin">EIN: what is your LLC's tax number and how to get it step by step</a> dive into neighbouring pieces of the puzzle we usually keep for separate write-ups.

During formation, each step should create evidence: organizer action, state approval, EIN process, registered agent, operating file, banking narrative and first compliance calendar. A serious LLC is built as a dossier from day one.

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• Mercury: for How to form a US LLC step by step, without weak shortcuts, the account works only when Articles, EIN, Operating Agreement, address, owner and business description tell the same story. The platform runs through US partner banks, so the banking file should be ready before applying for or using the account.

• Payoneer operates through European entities (Payoneer Europe Ltd, Ireland) that are also in scope for CRS for clients resident in participating jurisdictions.

Choose the state after the operating model

The LLC formation process reads more clearly when it's treated as a single ordered sequence rather than as a checklist of independent items. The order matters because each step generates the document that the next step needs, and skipping or reordering steps usually means doing some of them twice.