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LLC Formation

Guides and articles to understand requirements and prepare your next step.

A section to consult8published articles
LLC formation edition
8 guides published
Who you are does not block this. The name does
The lead

A foreigner can own a U.S. LLC outright. The thing that stops the filing is the name

Non-residents can form and own a limited liability company in the United States. There is no citizenship test and no visa requirement attached to the filing itself; what states generally do require is a registered agent with a physical address inside the state. That is an arrangement, not a barrier — and once it is in place, the person filing is no longer the obstacle.

Business · LLC Formation
A team standing together, one person offering a handshake to the camera

The obstacle is the name. Every state requires a legal name distinguishable from existing records, and a conflict there is a delay that happens before the clock even starts running. Worse, a name can clear the state’s availability check and still collide with a federal trademark in the same class of goods or services.

Start here

Three checks, in the order that avoids a restart.

1

Confirm you can file at all

Residency, ownership and the registered agent the state expects.

2

Then test the name, twice

Availability on the state registry is one check. Trademark is a different one.

3

Then look at the calendar

What the filing method and the responsible party’s SSN do to the timeline.

Best placed

There is no list of «generic» LLC names, and that is the point

A name only has to be different enough from what is already on the state’s registry. Reaching for something deliberately generic clears that bar and creates a different problem: banks and payment processors prefer a name that clearly identifies the entity they are onboarding.

The calendar
A flag reading start up team flying against an office building

What actually decides how long it takes

The Division of Corporations, the chosen name, online or postal filing, and whether the responsible party has an SSN.

Errors of name

Three ways a filing stalls before anyone reviews it
Not distinguishable

A name too close to one already registered

States require the legal name to be distinguishable from existing records. A conflict here is the delay that happens before the clock starts, and it forces a pivot rather than a wait.

Available, and still taken

Clearing the registry but not the trademark

A name can be available for entity registration and still collide with a federal trademark in your class of goods or services. Those are two separate searches.

Deliberately generic

Choosing a label instead of a name

Even when a generic label slips through the availability check it can hurt later: customer confusion, and onboarding friction with banks and payment processors.

What actually gates it

Two of these are real gates. One is not

Residency — not a gate

Non-US residents can form and own a US LLC. Nationality does not appear in the filing requirements, and the question that brings most readers here has a short answer: yes.

Answer: yes

The registered agent — a gate

States generally require an in-state registered agent with a physical address in the state of formation. It is arranged, not waived, and it is the piece a non-resident cannot supply alone.

Arranged, not waived

The name — the real gate

Distinguishable from existing records, clear of federal trademark in its class, and practical for banking and marketplaces. Fail any of the three and the filing does not proceed.

Three tests, not one

The person filing

And what the state asks of them

Can a foreigner open an LLC in the US?

Ownership, the registered agent, the EIN application and practical banking.

How long it really takes in Florida

The variables that move the calendar, including the filing method.

What the company files after formation

The charter is public; the governing document never leaves the company.

The name

Three tests, run in order

Nine rules for naming an LLC

Availability, state naming rules, trademark reality, and practicality for banking.

Why there is no list of generic names

What distinguishable actually means, and why generic backfires even when it clears.

What the filing itself contains

The formation document, and how it differs from a corporation’s.

The file

Four things this section settles
0
Residency requirements

Non-US residents can form and own a US LLC. Nationality is not part of the filing test.

1
Registered agent

States generally require one, with a physical address inside the state of formation.

2
Separate name checks

State availability is one search. Federal trademark in your class of goods or services is another.

Name
What delays the calendar

A name conflict is the common delay that happens before the processing clock even starts.

Notary Public Center

The documents the new company will be asked to show

Once the LLC exists, what it needs is paperwork other people will read: certified copies, corporate documents prepared for a bank, and authentication when any of it has to be used outside the United States.

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Florida Supreme Court Certified County Court Mediator.

Certified Notary Signing Agent through the National Notary Association (NNA), Certified Anti-Money Laundering Specialist (CAMS) and Florida Notary Public. With legal training in Colombia and 30 years of professional experience, she combines technical knowledge, business leadership and international experience. Since 2009, she has led Riveros Corp and a network of services helping individuals and businesses navigate cross-border processes involving the United States.

Security consultant accredited by Colombia’s Superintendencia de Vigilancia y Seguridad Privada; forensic fingerprint examiner.

A business administrator with a specialization in finance, he brings more than 27 years of experience protecting people, valuables and infrastructure. His career includes administrative and financial management at McKinsey & Company in Colombia and executive roles at multinational companies. As Partner and Senior Consultant at Compliance Officers, he applies that experience to background screening, due diligence and compliance.