Are we allowed to register the LLCif one of the ownersis a non-US resident?

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Are we allowed to register the LLCif one of the ownersis a non-US resident?

I want to establish an LLC; 2 of the owners are US residents living in VA but 1 of the owners is a non-resident. How should we do this? What would he need to do in order to be part of the company?

Asked on April 13, 2011 under Business Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is my understanding that every person - even a non-American resident - may form and be part of a US corporation under United States legislation.  So the answer to your question would then be yes, but you must conform to the state laws of the state in which you seek to form the LLC.  Some states are more favorable to corporations than others (ever wonder why there are so many Delaware corporations?).  The best thing for you to do is to speak with an attorney in your area that forms corporations and deals with it for a living.  There may also be some information that needs to be imparted since 9/11 and the legislation that passed following the tragedy (like the Patriots Act for banking).  Good luck to you.


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