What documents do I need to open a U.S. business?

TL;DR Opening a U.S. business requires a set of core documents — but which ones depend on your business structure, location, and industry. Most founders will need organizing documents (articles of organization or incorporation), an EIN, a registered agent, and any applicable licenses or permits. If your company meets certain ownership thresholds, you'll also need to file a Beneficial Ownership Information (BOI) report with FinCEN. Non-U.S. founders have a few additional requirements, including an ITIN and passport verification.

Quick checklist: Documents to open a U.S. business

☐ Choose a business structure (Sole Proprietorship, Partnership, LLC, or Corporation) 

☐ File organizing documents (Articles of Organization or Articles of Incorporation) 

☐ Appoint a registered agent 

☐ Obtain an EIN from the IRS (free at irs.gov/ein) 

☐ Obtain a State Tax Identification Number 

☐ Draft an operating agreement or bylaws 

☐ File for a DBA / Certificate of Assumed Name (if applicable) 

☐ Apply for required federal, state, and local licenses and permits 

☐ Register a trademark with the USPTO at uspto.gov (optional but recommended) 

☐ File a Beneficial Ownership Information (BOI) report with FinCEN (if required) 

☐ Open a business bank account

Non-U.S. founders: see the additional requirements section below.

Business documents are an integral part of nearly every step you'll take to open a company in the U.S., from setting up operating licenses to opening a bank account. These documents vary depending on the type of business you're registering, where you live, and what you plan to do with your business.

In this article, we'll explore the most common types of business documents you’ll need when launching your company and business bank account, outline the details you’ll need to gather, and suggest ways to keep up with changing requirements.

Before you can create any business documents, you'll need to choose a business structure that fits your company’s goals. This structure will determine which documents are required to start the company. Common business structures in the U.S. include: 

Sole proprietorship

Sole proprietorships are the default business type and are mostly for small business owners and those operating side hustles. They don't require owners to file formal registration papers (you still have to pay taxes, though). Because they require minimal effort, these business structures are low-risk. Many people launch their startups as sole proprietors before upgrading to more fitting business structures, such as LLCs or corporations. In a sole proprietorship, your business assets and liabilities aren't separated, leaving you personally liable in a lawsuit.

Sole proprietorship structure at a glance:

Partnership

A partnership can be a good option if you're going into business with other people. Partnerships involve two or more people, sometimes friends, family, or old coworkers. These structures often have lower financial burdens than a sole proprietorship because partners can share investments in the company. Like sole proprietorships, partnerships can be low risk—a partnership does not have to be registered with the state and is established as soon as commerce occurs  (a formal Partnership Agreement can still be beneficial, even if not required.).

Partnerships might also be financially beneficial for some businesses, depending on the stage that your company is at. Unlike a corporation, which pays businesses taxes separate from its owner, partnership taxes are paid on a partner’s personal income tax via pass-through taxation. Depending on the size of your business, this rate can sometimes be lower than corporate taxes.

Partnerships do not provide their owners with limited liability, meaning partners are responsible for any liabilities that their business might incur. Broadly, there are two types of partnerships: general and limited.

A general partnership splits business operations and profits between all partners, including profits, losses, and debts. Limited partnerships feature a general partner who's mostly in charge of the business and has unlimited liability, while the other partners have limited liability. Limited Liability Partnerships (LLPs) offer equal limited liability protection to all partners in the business.

Partnership structure at a glance:

Limited Liability Company (LLC)

LLCs are business structures that are registered with a state government by filing articles of organization. Because LLCs are relatively easy to form, they are often the next step after a sole proprietorship.

If you opt for an LLC, you’ll have to file annual reports and pay fees to launch and keep your business open. Like sole proprietorships and partnerships, LLC business owners can choose to pay taxes on their personal income. However, LLC owners have flexible taxation, and business owners can also opt to be taxed as an S-corporation. Not all states recognize S-corporations.

Forming an LLC creates a business entity separate from yourself, which also creates limited liability. If your business incurs a liability that it can't pay, your personal assets will be partially protected from seizure.

LLCs are also under fewer operational requirements than corporations, which are required to have a board and meet certain compliance checks.

However, if you’re planning a larger business that might eventually need to raise funding, remember that an LLC’s operational flexibility can often be too volatile for investors, who are hoping for predictable returns. Additionally, some investors are legally required to invest only in corporations.

Limited Liability Company (LLC) structure at a glance:

Corporation

If you're planning a larger business that will eventually need to raise capital, a corporation is the best fit. Corporations are registered with a state government by filing articles of incorporation. Corporations are higher risks than LLCs, sole proprietorships, or partnerships.

Corporations require more upfront and long-term capital to launch and maintain. They come with annual meetings, launch and maintenance fees, and stringent operational requirements, like having a board of directors. You’ll need to keep clear records for compliance checks. Corporations are also more difficult to dissolve than other business structures.

In the long run, however, corporations have the greatest payoff of any business structure. Like LLCs, forming a corporation creates limited liability, meaning your personal assets are partially protected if your business incurs a liability.

Corporations are also considered their own entities, meaning they can perform activities like opening business bank accounts and accepting business loans. They’re governed by corporate laws, which are designed to protect your business.

Corporations pay their own taxes. They can also benefit from corporate tax laws, which include tax credits to reward business creation. For example, you can receive tax credits for hiring employees, because it's considered job creation.

Lastly, corporations are the most attractive structure for investors. In some cases, investors are legally obliged to invest only in corporations and not other business structures. Even when this is not the case, investors prefer corporations. The regulations placed on corporations make them more predictable investments.

Corporation structure at a glance:

S-corporation

S-corporations, commonly referred to as S-corps, work similarly to regular corporations but are limited to smaller company sizes. S-corporations allow business owners to avoid corporate taxes and pay taxes on their personal income.

Organizing documents

Your business needs a birth certificate for official matters. This document will list the basics of your company, including who's in it, the business address, and its registered agent. It will differ based on the type of business you have.

• LLC: articles of organization
• LP: certificate of limited partnership
• LLP: certificate of limited liability partnership
• Corporation: articles of incorporation

Operating agreements

An operating agreement lays out how your business actually functions, including who gets to make decisions and who is responsible for major duties. For corporations, this document is commonly referred to as the bylaws or resolutions.

In certain states, an operating agreement is necessary to start a business. Operating agreements can formalize verbal discussions and can be useful to have on record even if your state doesn’t need you to fill one out. Your operating agreement and organizing documents will be the two most important documents required to open your company.

Registered agent

Registered agents are your business’ designated point-of-contact. If there’s a need, the state or federal government will reach out to your registered agent.

You can hire a registered agent from a service for an annual fee. You can also opt to be your own registered agent, which means you'll be the direct contact for all business communications. To act as your own registered agent, you'll need to live in the state where you’ve registered your business. It’s important to ensure that your registered agent can perform their duties — otherwise, you might miss important government documents and put your business in jeopardy.

Federal Tax Identification Number (FTIN)

Just like you have a Social Security Number (SSN), your business also has its own identification number. If you fill out the free Form SS-4, you’ll receive an Employer Identification Number (EIN), also known as an FTIN. You can apply directly through the IRS at irs.gov/ein—the process is free and, for U.S.-based applicants, instant. Foreign nationals who don't have a Social Security Number can apply by phone or by mailing Form SS-4 directly to the IRS.

Most business types require an EIN. Even for structures that don’t, like sole proprietorships, using an EIN is a better choice than sharing your personal SSN because your personal information will be protected from potential scammers.

State Tax Identification Number

In addition to your FTIN, you will need a specific number to do business in your state. This number can have different names depending on the state your business is located in. For example, in Washington, it's called a Unified Business Identifier (UBI); in Colorado, it's known as the Colorado Account Number (CAN).

Permit requirements

Depending on your line of business, you might need permits from your local, county, state, or federal governments. For example, if you're opening a mail-order nursery and you want to import lucky bamboo plants from China, you'll need a permit from the U.S. Department of Agriculture.

Because it can be tricky to know which permits you’ll need, it’s a good idea to check with each level of government to ensure you’re not missing anything.

License requirements

In addition to permits, you and your team may need to obtain certain licenses. Figuring out which ones you need can be complicated. It’s worth speaking with the relevant authorities to ensure you’re getting the right ones. For example, many cities and states require a business license before you open up shop. Delivery drivers need to have their own driver's licenses; microbreweries need an alcohol license.

Breaking down requirements by government level

Licenses and permits are issued at four levels of government, and your business may need them at more than one. Here's how they break down:

Federal licenses and permits Federal licensing applies to industries regulated at the national level. Common examples include:

• Alcohol, tobacco, and firearms: Regulated by the Alcohol and Tobacco Tax and Trade Bureau (TTB) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
• Agriculture and imports/exports: The U.S. Department of Agriculture (USDA) regulates the movement of plants, animals, and food products across borders — including, for example, importing bamboo from China
• Broadcasting and communications: Radio, television, and satellite operations require licensing from the Federal Communications Commission (FCC)
• Aviation: Pilots, aircraft, and air carriers are licensed by the Federal Aviation Administration (FAA)
• Financial services: Certain investment advisors and broker-dealers must register with the SEC or FINRA
• Interstate trucking: Motor carriers need operating authority from the Federal Motor Carrier Safety Administration (FMCSA)

State licenses and permits Most states require a general business license to operate, plus additional licenses for regulated professions. Common examples include contractors and construction trades, real estate agents, healthcare professionals, attorneys and accountants, cosmetologists, and childcare providers. Check your state's Secretary of State website or business licensing portal for the full list.

County and local licenses and permits Cities and counties often have their own requirements, separate from the state. These commonly include general business operating licenses, zoning and land use permits (especially for home-based businesses), health department permits for food service, signage permits, building and construction permits, and fire safety permits.

Industry-specific permits Depending on your business, you may also need specialized permits that span multiple government levels:

• Food businesses: Health permits, food handler certifications, and in some cases FDA registration
• eCommerce: Sales tax permits in states where you have economic nexus—typically triggered at $100,000 in sales or 200 transactions in a given state
• Environmental operations: Required for manufacturing or any business affecting air, water, or soil quality
• Home-based businesses: Many municipalities require a home occupation permit before you operate from a residential address

The SBA's Business Licenses and Permits Guide is a helpful starting point for identifying what applies to your business.

Beneficial Ownership Information (BOI) report

The Corporate Transparency Act (CTA), enacted in 2021, created an important new compliance requirement for most U.S. businesses: filing a Beneficial Ownership Information (BOI) report with the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.

Who needs to file? Most LLCs, corporations, and similar registered entities are considered "reporting companies" and must file. Sole proprietorships and general partnerships typically do not qualify as reporting companies and are generally exempt.

What information is required? Your BOI report must identify each “beneficial owner“ — defined as any individual who directly or indirectly owns or controls 25% or more of the company, or who exercises substantial control over it. For each beneficial owner, you'll need to provide:

• Full legal name
• Date of birth
• Residential address
• A unique identifying number from a passport, driver's license, or other government-issued ID

Filing deadlines

• Companies formed before January 1, 2024: were required to file by January 1, 2025
• Companies formed on or after January 1, 2024, and before January 1, 2025: must file within 90 days of formation
• Companies formed on or after January 1, 2025: must file within 30 days of formation

Is it an annual requirement? No. BOI reporting is a one-time filing. You only need to update your report if ownership information changes or if a correction is needed.

Penalties for non-compliance Failing to file — or submitting false information — can result in civil penalties of up to $500 per day the violation continues, as well as criminal penalties of up to $10,000 in fines and up to two years of imprisonment.

How to file Filing is free through FinCEN's E-Filing system at boiefiling.fincen.gov. Learn more at fincen.gov/boi.

Certificate of Assumed Name

Another important step in creating a business document is choosing a business name. Choose wisely, because you'll be required to use that exact name in your work — unless you file for a Certificate of Assumed Name.

A Certificate of Assumed Name, also known as a doing business as or DBA certificate, is useful if you plan to use a different name than the one listed on your organizing documents.

For example, your business name might be Internet Paper Products, LLC, but you might prefer to do business as ePaper.com. To do so, you'll have to file a Certificate of Assumed Name with your state so that it can link these two distinct business names.

Trademark

Trademarks are not always required to open a company in the U.S., but they can protect your name, logo, and other assets from copycats. The best way to get a trademark is by filing for a trademark with the U.S. Patent and Trademark Office.

You can begin the process at uspto.gov. Before filing, run a trademark search to confirm your name or logo doesn't conflict with an existing registration — conflicts can result in rejection or costly legal disputes down the road.

Opening a U.S. business as a foreign national is entirely possible, but it comes with a few additional document requirements beyond what domestic founders need.

Individual Taxpayer Identification Number (ITIN) If you don't have a U.S. Social Security Number, you'll need an Individual Taxpayer Identification Number (ITIN) issued by the IRS. This number is used for personal tax filing and reporting. Apply by submitting IRS Form W-7 along with proof of identity and foreign status. Note that an ITIN is separate from an EIN — you may need both.

Passport: Most U.S. banks and government agencies require non-U.S. founders to provide a valid government-issued passport as primary identification. Make sure your passport is current before beginning any registration process.

Apostille If you're submitting official U.S. business documents abroad—or foreign documents to a U.S. authority — you may need an apostille: an internationally recognized authentication certificate that verifies a document's legitimacy under the Hague Convention. In the U.S., apostilles are issued through the Secretary of State's office in the state where the document originated.

U.S. mailing address Most states require a U.S. mailing address to register a business. As a foreign founder, you can satisfy this by renting a U.S.-based mailbox or virtual office address, or by using your registered agent's address where permitted by state law.

Registered agent If you're not physically present in the U.S., you are required to appoint a registered agent with a physical address in the state where your business is registered. Your registered agent will receive official government correspondence and legal documents on your behalf.

KYC (Know Your Customer) requirements When opening a U.S. business bank account as a foreign founder, banks will require you to complete a Know Your Customer (KYC) verification process. This typically includes:

• A valid passport or government-issued ID
• Proof of U.S. business registration (organizing documents)
• EIN confirmation letter from the IRS (Form CP 575)
• Proof of a U.S. address (registered agent or mailing address)
• In some cases, a brief description of your business model and expected transaction volume

Some digital banks and fintech platforms are specifically designed to accommodate international founders and may have more streamlined KYC processes than traditional banks.

Every business is different. Here's how document requirements play out for three common founder profiles.

Scenario 1: The eCommerce founder 

Sarah is launching an online store selling handmade candles, based in Texas.

Sarah forms an LLC for liability protection, filing Articles of Organization with the Texas Secretary of State, and drafting an Operating Agreement. She obtains an EIN from the IRS and registers for a Texas Sales and Use Tax Permit, since she'll be collecting sales tax on taxable goods. She applies for a general business license from her city. As her store grows and begins selling in other states, she'll need to monitor economic nexus thresholds and potentially register for sales tax permits elsewhere. She also files a BOI report with FinCEN within 90 days of formation.

Key documents: Articles of Organization, Operating Agreement, EIN, State Sales Tax Permit, City Business License, BOI Report

Scenario 2: The SaaS founder 

Marcus and his co-founder are building a B2B software platform, incorporated in Delaware but operating out of California.

They form a C-Corporation in Delaware — the preferred structure for most investors — and file a Foreign Qualification to legally operate in California. They obtain an EIN, draft corporate Bylaws, hold an initial board meeting, and record Meeting Minutes. Because they plan to raise venture capital, they carefully document their share structure. They register their brand as a trademark with the USPTO at uspto.gov. They also file a BOI report with FinCEN, and their California-based team triggers state employer tax registration requirements.

Key documents: Articles of Incorporation, Bylaws, Meeting Minutes, EIN, Foreign Qualification Certificate, Trademark Registration, BOI Report, State Employer Tax Registration

Scenario 3: The foreign founder 

Amara is based in Nigeria and wants to launch a U.S.-registered eCommerce business.

Amara forms an LLC in Wyoming — a popular choice for foreign founders due to its favorable laws and low fees—and appoints a registered agent with a Wyoming address. She applies for an EIN using her passport as identification (foreign nationals can apply by phone or by mailing Form SS-4). She also obtains an ITIN via Form W-7 for her personal tax obligations. When it's time to open a business bank account, she works with a fintech bank that supports international founders and completes KYC verification using her passport and EIN confirmation letter. She files a BOI report with FinCEN and uses her registered agent's address as her U.S. mailing address.

Key documents: Articles of Organization, EIN (via Form SS-4), ITIN (via Form W-7), Registered Agent Agreement, BOI Report, Passport (for KYC)

A business bank account will allow you to get paid and accept payments from clients, online merchant services, and credit card processors.

You'll also be able to make payments to yourself, your employees, and the people you do business with, like customers or vendors. Business bank accounts open up access to easier payment methods like debit cards and financing at good interest rates. They can also ensure that your business and personal finances stay separate and that you have a place to store money from loans, angel investors, grants, or other sources of funding.

Each bank has its own requirements for what you'll need to open a business bank account. Here are some of the documents that banks commonly ask for:

• Employer Identification Number (EIN): If you have one, or your SSN if you're a sole proprietor who doesn't
• Business license: You will have received this license from your local or state government
• Organizing documents: Organizing documents might include articles of incorporation, articles of organization, or a certificate of limited partnership, depending on your business structure
• Operating agreements: LLC operating agreement, bylaws, or limited partnership agreement, depending on your business structure
• Personal information: Your personal SSN along with those of the other owners, if it's a partnership 
• Certificate of Assumed Name: This document is necessary for businesses operating under a DBA 

Once you’ve filed the necessary documents to start and operate your company, you’ll need to keep up with paperwork regularly. Put your deadlines on a calendar so that you don't miss them. Here are some common recurring deadlines:

File an annual report

The state where you register your business will require you to file an annual report. This is a fairly simple process. For example, if you own an LLC in Washington, all you have to do is check off a few boxes on an online form and pay the annual filing fee.

Maintain a registered agent

If you have hired a registered agent or operate a corporation or partnership that requires the approval of other people, you’ll need to ensure that your registered agent is in good standing each year.

Pay taxes

As a business owner, you’ll need to pay estimated federal taxes to the IRS each quarter. Set aside money in your business savings account so you’re prepared to pay these taxes.

On a state level, your taxes can vary. Not all states have a business income tax, and those that don’t sometimes have extra taxes, like excise taxes on gross revenue. You may also have to pay sales taxes, alcohol taxes, or other types of taxes depending on what you sell.

Keep up with new changes

The rules that govern the documents you need to start a business and keep it running change all the time. New taxes might be voted into existence and old ones might be phased out.

Sign up for your state and local business authorities’ mailing lists to keep up with any changes that might affect your company.

Compliance calendar by entity type

Knowing your deadlines before they arrive is one of the most important habits you can build as a business owner. Here's a breakdown of recurring compliance requirements by business structure:

Sole Proprietorship

Partnership

LLC

Corporation (C-Corp or S-Corp)

Pro tip: Set calendar reminders 30 days before each deadline so you have time to gather documents and make payments without rushing.

Once you have your business documents prepared, you'll be able to open business banking accounts, pay taxes to the IRS, and take out business loans at the right interest rates. Getting your business documents organized is an important step in ensuring your business is a success.