How long does it take to form a company on Inkle Incorporate?

Forming a US entity is more than just filing incorporation paperwork—it’s a multi-step legal process. While many platforms only help with basic incorporation, Inkle goes further to ensure your company is fully compliant and ready for business, including the nuances of working with Indian entities.

Before you begin, it’s essential to ensure that your Indian entity is correctly structured:

• If you are creating a US holding company, you will require Indian LLPs (one per founder) and Indian Pvt Ltd will become the subsidiary.
• If you're forming a US subsidiary company, your existing Indian Pvt Ltd will act as the parent, and you’ll be setting up a foreign-owned Delaware C-Corp underneath it.

Having these structures ready ensures the US setup can proceed smoothly without regulatory or compliance gaps later.

1. Incorporation (1–2 Business Days): We file your Certificate of Incorporation with the Delaware Secretary of State on an expedited basis. It’s usually returned within 1–2 business days.
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2. Post-Incorporation Setup (1–3 Days): This includes all the internal company formation documents: bylaws, board consents, stock purchase agreements, and more. These documents aren’t filed with the government, so the timeline depends on how quickly you can review and sign. If you’re issuing unvested founder shares, you’ll also need to file an 83(b) election with the IRS within 30 days. We provide a pre-filled form and instructions, and you can optionally use our managed filing add-on. (Note: Startup attorneys strongly recommend not entering into any contracts or legal agreements until this step is complete, including equity issuance and fundraising)‍
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3. Stock Plan Adoption (1–3 Days): Creating and adopting an employee stock plan can be completed quickly if all parties are available to finalize documents. While this step is not filed with the state, it is crucial for equity grants.You may also need to make securities law filings, depending on where your employees or contractors are located. For instance, companies issuing equity compensation in California typically need to file a 25102(o) notice with the Department of Financial Protection and Innovation (DFPI).
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4. Indian Private Limited subsidiarization (7 days): Depending on the method of Subsidiarization, the process can take one week or more.

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