Comprehensive Analysis of Regulations to Follow When Establishing a Company in the US

Setting up a company in the United States is a complex yet opportunistic process. With the advancement of globalization, more and more businesses are choosing to conduct operations in the US, whether to expand their market or attract investment. However, establishing a business in the US is no easy task, as it requires strict compliance with federal and state laws and regulations. This article will provide a comprehensive analysis of the legal framework for setting up a company in the US and the relevant precautions.

Firstly, at the federal level, the Uniform Commercial Code UCC is one of the key legal foundations for commercial activities. The UCC regulates contracts, negotiable instruments, security interests, and other aspects of commercial transactions, ensuring fair legal protection for enterprises during trade exchanges. The Sarbanes-Oxley Act imposes stringent financial disclosure requirements on publicly listed companies, which is particularly important for enterprises preparing to go public on US stock exchanges. For instance, at the beginning of 2024, a Chinese technology company faced an SEC investigation due to its failure to timely submit audit reports when going public in the US, once again highlighting the importance of compliance.

Secondly, each state has independent jurisdiction over company registration. For example, California requires all newly established businesses to file Articles of Incorporation with the Secretary of State's office and pay the corresponding fees. Moreover, California places particular emphasis on environmental protection and labor rights protection; any company that neglects these areas will face severe penalties. Earlier this year, a multinational retail giant was fined millions of dollars for failing to provide employee overtime compensation according to California regulations.

In addition to the basic registration process, taxation cannot be overlooked. The US operates under a dual tax system of federal and state taxes. At the federal level, the main taxes involve income tax and personal income tax; while states formulate differentiated tax rates based on their own fiscal policies. For example, Texas does not have personal income tax, which attracts many startups and freelancers to relocate their headquarters to the state. In contrast, New York is known for its high tax rates, but its mature capital market remains highly attractive to the financial services industry.

Intellectual property protection is also a core component of the American legal system. Whether it’s patents, trademarks, or copyrights, the US provides robust judicial safeguards. Statistics show that the US Patent and Trademark Office approved over 400,000 patent applications in 2024, representing a growth of about 5% compared to the previous year. For enterprises dependent on technological innovation, it is crucial to make early preparations for intellectual property planning. For instance, an artificial intelligence startup hired a professional legal team during the R&D phase to apply for patents for its core technologies, effectively preventing competitors from infringing on its rights.

Finally, as international metropolises, cities like New York and San Francisco also offer special visa support policies for foreign nationals. For example, the H-1B visa allows professionals with a bachelor’s degree or higher to work in the US for up to six years. It is worth noting that due to tightened immigration policies in recent years, applying for such visas has become more difficult. When recruiting overseas employees, enterprises should fully consider this factor and plan their human resources strategy in advance.

In summary, the US offers entrepreneurs vast development opportunities, but also involves a complex legal environment. From federal to local levels, from taxation to intellectual property, every step requires careful planning. If you plan to establish a company in the US, it is recommended to hire experienced legal advisors to assist throughout the process, ensuring your enterprise can develop steadily on a legal and compliant basis.