Simplifying US Incorporation
for Indian founders
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Inkle is the exclusive India partner for Stripe Atlas and Clerky
Incorporate the right way, in 3 easy steps
requirements of your
chosen structure
details & let us handle the rest!
Why choose Inkle?
Compliant for India Resident Founders
We specialise in helping Indian founders navigate the complexities of US incorporation, ensuring full compliance with both US and Indian regulations.
Comprehensive Services
From obtaining your Employer Identification Number (EIN) to helping open a U.S. bank account, we handle all aspects of your business formation.
Digital & Collaborative
Designed for seamless collaboration, ensuring you stay informed and engaged throughout the process.
No Lawyers Needed
Stripe Atlas is a self-serve platform that can be used without the assistance of a US attorney. Inkle provides process guidance.
Inkle can handle Clerky end-to-end at no extra cost.
Powered by Stripe Atlas & Clerky
Inkle is partnering with EF India to bring fast, managed and cost-efficient Delaware C-Corp Incorporations to EF India founders.
Post-Incorporation Maintenance
Ongoing support to keep your US Entity compliant with all necessary filings and documentation with US authorities, whereas BCL handles things on the India side.
Inkle made my India > US subsidiary incorporation smooth, easy and fast - loved it.
Badri V
Co-Founder at DevAssure
Understand the "Triangle" structure
Classic "triangle" structure
Compliance
- Requires compliance across both US and Indian regulations, including intercompany transactions.
- Typically involves 3–4 entities, which means a more structured operational and legal setup.
Best For
- When founders want to eventually move abroad, or mixed residency teams, and who want to raise from global investors, and focus on US/global markets.
Check out Inkle's pricing for EF
Steps to incorporate a US topco structure
You'll end up with at least 3-4 entities in a "triangle": India LLP > US C-Corp > India Pvt Ltd
1. Form your Indian LLPs
BCL India will help establish one Limited Liability Partnership (LLP) per Indian-resident founder - this is the "family office" of each founder. If any non-Indian resident founders are involved, they don't need an LLP.
2. Register your US entity (the topco)
Use either Stripe Atlas or Clerky to incorporate the Delaware C-Corp. Stripe Atlas is self-serve (Inkle will guide), whereas Inkle can handle Clerky end-to-end on your behalf.
Create the US Certificate of Incorporation, bylaws and other associated documents.
3. Apply for an Employer Identification Number (EIN)
Apply for an EIN from the IRS, which is essential for tax purposes and to open a bank account in the US.
4. Open your US bank account
Open with one of our existing banking partners.
5. Subscribe to founding stock
Each LLP (and non-Indian founder) will send funds to the US entity's corporate bank account to pay for their stock. Inkle will help prepare the Share Purchase Agreement and Board Consent.
6. File an 83(b)
Each founder (LLP or person) should sign an 83(b) and send it to the IRS.
Stripe Atlas users will need to file 83(b) themselves. Inkle can prepare and file for $150/founder.
Clerky gives a managed 83(b) filing option for $150/founder
7. Form a wholly owned subsidiary Private Limited company in India
BCL India will help create a subsidiary in India (wholly owned by your US entity). This completes the "triangle". There are 3 ways to create a subsidiary in India, and we recommend the "apostilization" route.
US Incorporation
(appointing directors & officers)
(Employer Identification number)
Two expert teams. Both sides covered.
FAQs
US topco: LLPs take about a month to create (formation, getting a bank account, starting the ODI process). Then the paperwork for the US parent takes just minutes to handle. Subsequently setting up a wholly owned subsidiary in India (a private limited company) takes about another month or so.
India topco: setting up a India Private Limited (Pvt Ltd) company takes a few weeks to do fully. The US subsidiary just takes a few minutes. Wiring the ODI payment from the Indian parent to US subsidiary takes a week or two more.
The holding structure where each India-resident owner holds US company stock through a personal Indian LLP, with the US entity sitting above an Indian subsidiary.
It exists because FEMA restricts Indian residents from holding control-level stock directly in a foreign company with a step-down subsidiary. More on holding structures.
Yes. Either a personal LLP or a registered partnership works as the vehicle through which an India-resident owner holds US company stock.
The structure is identical in both cases, one vehicle per owner. The choice comes down to setup cost and ongoing compliance. More on FEMA and residency.
Stripe Atlas/Clerky for US entity formation.
BCL India for India entity formation.
Stripe Atlas handles the US entity incorporation (Inkle can give process guidance, prepare Share Purchase Agreements and Board Consent, as well as prepare and file the 83(b) election, although Atlas is actually a self-serve platform).
Inkle can handle incorporations through Clerky end-to-end at no extra cost.
BCL India, our trusted India CA/CS Firm, handles the India entities formation.
US-as-a-parent: LLPs take about a month to create (formation, getting a bank account, starting the ODI process). Then the paperwork for the US parent takes just minutes to handle. Subsequently setting up a wholly owned subsidiary in India (a private limited company) takes about another month or so.
US-as-a-subsidiary: setting up a India Private Limited (Pvt Ltd) company takes a few weeks to do fully. The US subsidiary just takes a few minutes. Wiring the ODI payment from the Indian parent to the US subsidiary takes a week or two more.
The recurring compliance that follows a new company: federal and state returns, Delaware franchise tax and the annual report, registered agent renewal, contractor 1099s, and foreign reporting such as Form 5472 where ownership requires it.
Most of it is calendar work, and missing dates is what creates penalties.
Inkle is Stripe's India Crossborder Compliance Partner for the purpose of helping Indian resident founders use Stripe's Atlas product. We give end-to-end guidance and help smoothen the process. Stripe Atlas is actually a self-serve product, so you don't need Inkle, but we're always here to help.
Inkle has partnered with dozens of companies to bring founders the best of the startup ecosystem, including perks from platforms like Stripe, Notion, Mercury, Brex, Gusto, Carta and more - helping you build your startup stack at cost-efficient rates.
Check out our long list of partners and perks on our perks page - https://www.inkle.ai/perks
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Incorporate the right way, in 3 easy steps
incorporation route
& let us handle the rest
Why choose Inkle Incorporate?
Digital & Collaborative
Designed for seamless collaboration, ensuring you stay informed and engaged throughout the process.
Comprehensive Services
From obtaining your Employer Identification Number (EIN) to opening a U.S. bank account, we handle all aspects of your business formation.
Compliant for International Founders
We specialize in helping founders navigate the complexities of U.S. incorporation, ensuring full compliance as you scale.
No Lawyers Needed
Eliminates the need for expensive legal consultations, making incorporation accessible and straightforward.
Lifetime Docs
Continuous support to keep your business compliant with all necessary filings and documentation.
Post-Incorporation Maintenance
Ongoing support to keep your business compliant with all necessary filings and documentation.
Inkle offers free incorporation assistance
Customized number of shares issuance
We've partnered with Clerky to provide assisted incorporation on their platform.
FAQs
Lifetime docs are the corporate records a company keeps permanently: charter, bylaws, board consents, stock ledger, and equity paperwork. Maintenance is the recurring work of keeping them current.
Diligence asks for all of it. Reconstructing three years of board consents under deadline is painful. More on Delaware requirements.
Not for a standard single-class formation with a straightforward founder split. Those are templated, and a service or platform handles them.
A lawyer earns their fee when there is an unusual split, existing IP to assign, a foreign parent, or investors already involved. Our Delaware incorporation guide covers the standard path.
Inkle handles your Delaware C-Corp incorporation from start to finish. That covers forming the company, applying for your EIN, setting up your bank account, providing a registered agent, and issuing founder stock. You also get lifetime access to your documents and ongoing compliance support for the filings that follow.
Clerky focuses on legal documents and corporate housekeeping, aimed at companies working with US counsel. Atlas bundles formation, EIN, and banking into a single flow for a flat fee.
Both get you incorporated. The difference shows afterwards, in who handles franchise tax, Form 5472, and annual filings. Our Atlas comparison covers it.
Yes. You do not need to be in the US or hold a visa to own a US company, and you can get an EIN without an SSN.
India-resident owners usually need an LLP holding structure if the US entity will have an Indian subsidiary, because of FEMA restrictions. Our India incorporation page covers the route.