For Asian founders · Korea · Taiwan · Japan · Singapore · Hong Kong · Vietnam · Indonesia · India
One destination. Numerous starting points.
The Delaware C-Corp is the same for everyone. What happens on your side of the Pacific is not — the outbound-investment filing, the treaty that does or doesn’t exist, the visa your passport unlocks. BNL sets up and runs U.S. companies for founders from across Asia, starting from where you are.
Why your country changes the answer
Same Delaware C-Corp. Four things that vary by starting point.
Most U.S. incorporation services stop at the Delaware filing. The questions that actually cost founders money sit on the home-country side. Here is how the eight starting points compare.
| Founder from | U.S. income-tax treaty | E-2 treaty-investor visa | Home-country filing when you invest in the U.S. entity | Typical structure we see |
|---|---|---|---|---|
| Korea대한민국 | In force | Eligible | Overseas direct investment (해외직접투자) report through your foreign-exchange bank before remitting | Delaware flip for U.S. VC rounds; subsidiary for sales offices |
| Taiwan台灣 | None in force | Eligible | MOEA Department of Investment Review — approval above the threshold, post-investment report below it | Flip via Delaware or Cayman holding; U.S. subsidiary for hardware sales |
| Japan日本 | In force | Eligible | FEFTA notification to the Bank of Japan / MOF depending on amount | U.S. subsidiary of the K.K.; flip when raising from U.S. funds |
| Singapore | None | Eligible (FTA) | No exchange control; MAS-regulated only for financial businesses | Singapore Pte. Ltd. as regional holding, Delaware on top or beside |
| Hong Kong香港 | None | Not eligible | No exchange control | Delaware parent with HK operating company; visa strategy drives timing |
| VietnamViệt Nam | Signed 2015, not in force | Not eligible | Outbound Investment Registration Certificate from MPI before capital leaves | Singapore or Delaware holding above the Vietnamese company |
| Indonesia | In force | Not eligible | Bank Indonesia foreign-exchange reporting; OJK if regulated | Singapore holding, U.S. entity for customers and fundraising |
| Indiaभारत | In force | Not eligible | FEMA Overseas Direct Investment rules; round-tripping restrictions on flips | Delaware flip with Indian subsidiary; externalization planned with Indian counsel |
Treaty and visa status as of 2026; confirm current status before relying on it. We handle the U.S. legal work and help coordinate the cross-border process. Home-jurisdiction advice outside the U.S. is provided by appropriately licensed local counsel.
The library
Every stage of a U.S. company, for every starting point
Written by the lawyers who do the work, free to read, and kept current. Rows are where you are from; columns are where your company is in its life. Where a cell is empty, we haven’t written it yet — we’d rather show you the gap than pretend.
| Founder from | 1 · DecideSubsidiary, flip or holding | 2 · IncorporateEntity, state, documents | 3 · First 30 days83(b), EIN, stock, BOI | 4 · Stay compliantMonthly · quarterly · annual | 5 · Money & bankingAccounts, withholding, FX | 6 · Raise, hire, moveSAFE, ESOP, visas |
|---|---|---|---|---|---|---|
| Every founderApplies regardless of passport | C-Corp vs LLC for non-U.S. founders — in draftWhat is a “Delaware flip”? | Delaware incorporation for foreign foundersDelaware or the state you operate in? — in draft | Post-incorporation checklist: the first 30 days — in draftGetting an EIN without an SSN — in draft | Annual compliance calendar, foreign-owned corp — in draftForm 5472 and 25%-foreign-owned reporting — in draft | Opening a U.S. bank account from abroad — in draftPaying yourself: dividends, salary, intercompany — in draft | SAFE and priced rounds: what U.S. investors expect — in draftFounder visas: E-2, O-1A, L-1 by passport — in draft |
| Korea대한민국 | U.S. subsidiary for a Korean startup | Common guide applies | Common guide applies | Korean ODI annual report + U.S. calendar | 해외직접투자 신고 before remitting | Flip + Korean shareholder tax |
| Taiwan台灣 | Three routes from Taiwan | Common guide applies | Common guide applies | CFC reporting + U.S. calendar | MOEA review, no-treaty withholding | E-2 for Taiwan founders |
| Japan日本 | K.K. subsidiary or flip | Common guide applies | Common guide applies | FEFTA + U.S. calendar | Treaty withholding rates | E-2 for Japanese founders |
| Singapore | Pte. Ltd. as holding layer | Common guide applies | Common guide applies | ACRA + U.S. calendar | No treaty: planning the stack | E-2 under the FTA |
| Hong Kong香港 | HK opco under Delaware | Common guide applies | Common guide applies | Territorial tax + U.S. calendar | No treaty: planning the stack | No E-2: O-1A and L-1 paths |
| VietnamViệt Nam | Singapore or Delaware on top | Common guide applies | Common guide applies | Planned | Outbound Investment Certificate | Planned |
| Indonesia | Singapore holding: when it’s overkill | Common guide applies | Common guide applies | Planned | Treaty withholding rates | Planned |
| Indiaभारत | Flip and FEMA round-tripping | Common guide applies | Common guide applies | Planned | ODI/LRS remittance rules | No E-2: O-1A and L-1 paths |
Legal fees
Same price from Seoul, Taipei or Bengaluru
Every service is a fixed fee in USD, confirmed in writing before work begins. No hourly billing.
Why BNL, not a formation service
We have sat on your side of the table
Formation services file the Delaware paperwork and stop. But entering the U.S. market does not end with incorporation — it is where the real questions begin.
As a cross-border law firm, BNL does more than explain what each document means. We start from why your company is coming to the U.S. and how you plan to grow there, and build the legal solution around that strategy.
Keep going
Related reading for founders entering the U.S.
Legal Guide
How to Set Up a U.S. Subsidiary for a Korean Startup (2026 Guide)
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Delaware Incorporation for Foreign Founders: U.S. Incorporation A to Z
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US VCs keep saying "you need to flip first." A Delaware Flip puts a US C-Corp on top of your home-country comp…
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