With growing interest in the U.S. market from UK startups and SMEs, a common question arises: Do UK company directors actually need to travel to the United States to incorporate a business there?
The answer is no. In nearly all cases, you can form a U.S. company remotely.
As Jonathan Abrams of Abrams Law explains, modern digital tools, combined with the right legal support, make it easier than ever for UK-based entrepreneurs to establish a U.S. subsidiary or new entity without ever leaving home.
Setting Up a Company in the U.S. Remotely
Most U.S. states allow foreign nationals to form companies without being physically present. This includes both C-Corporations and LLCs, and applies in business-friendly states like Delaware, New York, and Florida.
Company formation can be completed online through Secretary of State portals, typically with a turnaround of a few days. No in-person meetings are required to establish the entity itself. In fact, some of the most successful startups operating in the U.S. today were founded by non-U.S. directors who have never set foot in America.
You do not need a U.S. visa to be an owner or shareholder. However, a visa is required if you plan to live or work in the United States. That’s a separate process, unrelated to incorporation.
Key Requirements for Non-U.S. Directors
To form a U.S. entity as a UK-based director, you will generally need:
- A registered agent with a U.S. address
- Incorporation documents (Articles of Incorporation or Organisation)
- A U.S. Employer Identification Number (EIN), issued by the IRS
- A U.S. business bank account (some banks may allow remote opening)
While forming the company is simple, opening a U.S. bank account can be more challenging. Many banks require at least one visit to a U.S. branch. Others, especially fintech banks, may offer digital onboarding with enhanced verification processes for UK residents.
This is where escrow services uk may come into play—especially if you need to hold capital securely while finalising bank arrangements. A law firm that offers cross-border escrow can streamline the process.
When Might Travel Be Necessary?
Although travel is not required to incorporate your business, it may be needed later on for:
- Opening a U.S. bank account with certain traditional institutions
- Attending investor meetings or trade expos
- Applying for U.S. visas, such as the E-2 investor visa or L-1 transfer visa
- Conducting site visits or hiring U.S.-based employees
These activities are operational, not legal, and often depend on the nature and scale of your business. A remote setup allows for flexibility, giving directors time to plan any travel on their terms.
Structuring Your U.S. Entity
Selecting the right state is critical. Delaware is the most popular choice due to its flexible corporate laws, strong court system, and low franchise tax. Florida and New York also appeal to UK companies due to their economic size and direct flight access.
A commercial contract lawyer can help structure operating agreements or shareholder arrangements that reflect both UK and U.S. compliance needs. These documents are essential to avoid disputes, clarify management responsibilities, and define how profits and liabilities are shared.
Support from American Law Firms in London
Thanks to the increasing demand for cross-border advice, several american law firms in london now offer full-service support to UK businesses looking to enter the U.S. market. This includes entity formation, compliance, tax coordination, and IP protection.
Working with a dual-qualified team means fewer delays and more cohesive strategic advice. There’s no need to navigate the time zone challenges or communication gaps that often arise with firms based entirely in the U.S.
How Abrams Law Can Help
At Abrams Law, we are dual-qualified UK solicitors and U.S. Attorneys, uniquely positioned to guide UK businesses through the process of U.S. company formation. Our services include:
- Advising on state selection and entity type
- Preparing formation documents and EIN applications
- Acting as your U.S. registered agent
- Providing cross-border guidance on corporate governance
- Offering escrow services uk for secure transaction handling
- Drafting U.S. operating agreements with a UK-informed approach
We also work with banking partners and fintech platforms to help clients open U.S. business accounts wherever possible without travel.
Final Thoughts
UK company directors do not need to travel to the U.S. to set up a business there. With the right planning and legal guidance, the entire process can be handled remotely.
Email: info@abrams.law
Phone: +44 208 004 7016
