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Who actually asks for KYC and AML information when you form a US company?
Four different parties can ask for your identity documents, and they are not doing the same thing. The state filing office wants a filing fee and a registered agent. FinCEN wants a beneficial ownership report on the company. Your bank or payment processor runs full KYC under the Bank Secrecy Act. Your formation provider runs its own commercial KYC, which is a contract term, not a government rule.
Quick Answer: When a non-resident forms a US LLC, KYC requests come from four places: the state (minimal, no identity checks), FinCEN (beneficial ownership reporting), banks and payment processors (full KYC under the Bank Secrecy Act), and the formation provider (private anti-fraud and AML policy). Only the bank and FinCEN checks are legal requirements.
KYC means Know Your Customer: the process of identifying a person and confirming they are who they say they are. AML means anti-money laundering, the wider set of laws that forces financial institutions to screen customers and report suspicious activity. Since 2016, US financial institutions have been required to run this screening on businesses and their ultimate beneficial owners [1].
Here is the split that trips people up. Your state Secretary of State in Wyoming, Delaware or New Mexico collects an Articles of Organization filing and a registered agent name. It does not verify your passport. FinCEN's beneficial ownership rule is a separate obligation that sits on the company itself. Your bank's KYC is a third thing, run by the bank to satisfy its own supervisory duties [3].
A formation provider is a private company. When it asks for your passport before filing, that is an internal anti-fraud and AML policy, usually shaped by whatever payment processor handles its card payments. It can vary from provider to provider, and there is no government form behind it.
Say your provider emails three days after you pay and asks for a passport scan and a utility bill. That is normal sequencing, not a scam signal on its own. Your job is to check that the request is real before you send anything (see the verification section below).
Which KYC documents does a formation provider legitimately need from a non-resident?
The standard set is small: a government passport, a proof of address under three months old, and a selfie or liveness check. Notarized copies are sometimes requested, but that is a provider choice, not a US legal requirement to form an LLC.
For the person side, expect:
- Passport bio page, colour, all four corners visible.
- Proof of address: utility bill or bank statement, usually dated within the last 90 days, showing your name and address in your home country.
- Selfie or liveness check through the provider's portal or app.
- Notarized or certified copy of the passport, occasionally, when the provider's AML policy requires it.
- Articles of Organization, the document the state stamps when it accepts your filing.
- Operating agreement, the internal contract that sets out ownership and management. US banks ask for this constantly [5].
- EIN confirmation letter, either the CP 575 or, if you lost it, a 147C letter from the IRS.
- Registered agent consent, the agent's written agreement to accept legal mail for you.
For the company side, once the LLC exists:
| Document | Who usually asks | Government or commercial | One-time or recurring |
|---|---|---|---|
| Passport | Provider, bank, FinCEN (number only) | Commercial for provider and bank; statutory for FinCEN | One-time, re-checked at bank review |
| Proof of address | Provider, bank | Commercial | Recurring at bank review |
| Selfie / liveness | Provider, fintech | Commercial | One-time |
| Articles of Organization | Bank, processor | State filing | One-time |
| Operating agreement | Bank, processor | Commercial (internal document) | One-time, updated on ownership change |
| EIN letter (CP 575 / 147C) | Bank, processor | IRS | One-time |
If your provider asks for a notarized passport and you would rather not, you can refuse. The provider can then decline to file. Compare providers before you pay rather than arguing after.
Suppose a provider asks for an apostille on your passport. Apostilles authenticate public documents for use in another country, and no US state requires one to form an LLC. Push back and ask which policy clause requires it.
What does FinCEN beneficial ownership reporting require from foreign owners?
The company must report every beneficial owner who exercises substantial control or owns at least 25%, including foreign individuals. For each one, the report carries name, date of birth, residential address and an identifying document number. A passport works for a foreign owner with no SSN.
Two tests decide who gets reported. Substantial control catches senior officers, anyone who can appoint or remove a majority of the board, and anyone who directs important decisions, even with zero ownership. The 25% test catches ownership. A non-resident sole member of a single-member LLC usually hits both.
BOI filing through FinCEN's system is free. Nobody charges a government fee for it, and FinCEN does not email you asking for passport scans. You or your provider files through the official portal.
A FinCEN Identifier is a number FinCEN issues to an individual or company. You supply it in place of repeating your personal details on every filing. For a founder with several US entities, that saves real time.
Heads-up: the BOI rules have been through litigation and regulatory revision since 2024, and the current scope and deadlines are unsettled. Check FinCEN's own site for the status that applies on your filing date before you rely on any article, including this one.
BOI reporting and bank KYC are different duties. BOI is the company telling FinCEN who owns it. Bank KYC is the bank verifying you under the Bank Secrecy Act [3]. Filing one does not satisfy the other.
What do US banks and payment processors ask for on top of formation KYC?
Banks run their own customer due diligence: formation documents, EIN, operating agreement, owner ID, proof of address, a description of what the business actually does, and sometimes a video call. Fintechs like Mercury, Stripe and Wise apply similar checks and add questions about expected transaction volume and source of funds.
That extra questioning is standard AML, not an accusation. Banks gather KYC information precisely to limit their exposure to laundering risk [3]. Answer plainly and you move through faster.
Practical friction for non-residents is real. Many traditional US banks want a US phone number, a US address or an in-person visit. Some fintechs accept foreign directors and verify identity remotely. Neither route guarantees approval, and no honest adviser can promise it.
| Route | Typical KYC documents | In-person needed | Recurring review |
|---|---|---|---|
| Traditional US bank | Formation docs, EIN, operating agreement, passport, proof of address | Usually yes, or video | Yes |
| Fintech (Mercury, Wise Business) | Passport, selfie, EIN, business description | No, remote | Yes |
| Payment processor (Stripe) | Passport, business details, website, sometimes bank statements | No, remote | Yes, on volume or risk triggers |
Provider policies change without notice. Confirm current requirements on each provider's own documentation before you plan around them.
If your goal is a fintech account first, the US business bank account setup for non-residents route is the one most founders take before approaching a brick-and-mortar bank.
Which KYC or AML requests should you refuse?
Refuse anything that asks for your online banking password, a one-time passcode, full card numbers, or a crypto transfer to a personal wallet. No legitimate party needs your banking login. Open banking connections use tokenized access, not your password.
Specific refusals:
- Bank passwords and OTPs. Never. Not to a provider, not to a "compliance officer" on WhatsApp.
- A "compliance fee" paid to a personal account or in crypto. Government fees go to a government portal, not a stranger's wallet.
- Full card numbers by email or chat. Card details belong in a payment page, nowhere else.
- Documents over WhatsApp-only chats. A real firm has a portal and a domain email.
- An SSN demand aimed at a non-resident who has none. A passport or ITIN covers most formation and BOI needs.
Imagine a message claiming to be from FinCEN asking you to verify your beneficial ownership details by sending a passport photo to a Gmail address. FinCEN does not work that way. Delete it and file through the official portal.
How do you verify that a KYC request is genuine before you send documents?
Check three things: the sender's domain, the provider's own portal, and a phone call to the published support number. All three take ten minutes. A passport scan is worth far more than ten minutes on the dark web.
- Domain. The email should come from the provider's real domain, not a lookalike with an extra letter or a different ending.
- Portal. Log in by typing the address yourself. Do not click the link in the email. If the request is genuine, it will appear inside your account.
- Callback. Ring the number published on the provider's website and confirm the request exists.
Government agencies do not email you asking for passport scans. State Secretaries of State do not run KYC on members, and FinCEN takes BOI through its own system. Any "government" email requesting identity documents is fake.
Keep a record: what you sent, to whom, on what date, through which channel. If a dispute or a bank review comes later, that log settles arguments fast.
If a request looks like phishing but turns out to be real, escalate inside the provider first, then to your state Attorney General's consumer protection division. For a genuine impersonation scam, report it to the FTC at ReportFraud.ftc.gov.
Common mistakes non-residents make with KYC, AML and beneficial ownership requests
Paying before reading the KYC policy tops the list. Founders choose on price, pay, then discover the provider wants a notarized passport and a video call. Read the KYC section first. It is on the provider's site.
Treating the formation provider as a government body comes second. Its KYC is a private contract term. You can decline it, and the provider can decline to file. That is a commercial negotiation, not a legal appeal.
Sending documents to a lookalike domain is the expensive one. One wrong letter and your passport is circulating. Type the domain, do not trust the display name.
Assuming bank KYC covers BOI is a quiet compliance failure. They are separate obligations with separate penalties. If you are unsure whether your company has filed, check with a qualified tax professional rather than guessing.
Handing over an SSN or ITIN you do not need is another. If you have no SSN, say so. A passport is the normal document.
Refusing a legitimate passport request out of phishing fear stalls your own filing. Verify, then send through the portal.
One more: no copies kept. Store every submission with a date. It costs nothing now and saves hours later.
For the tax-side filings that sit alongside KYC, federal tax support for Form 5472 and Form 1120 covers what a foreign-owned LLC actually owes.
Frequently Asked Questions
Is KYC legally required to form a US LLC as a non-resident? No. State formation does not require KYC. The provider's KYC is commercial, while bank KYC and FinCEN beneficial ownership reporting are separate legal duties.
Do I need an SSN or ITIN to pass KYC for a US company? Usually no. A passport is accepted for formation and BOI. Banks may ask for extra ID, but an SSN is not mandatory for non-residents.
Is FinCEN beneficial ownership reporting the same as bank KYC? No. BOI is the company's filing with FinCEN. Bank KYC is the institution's own verification under the Bank Secrecy Act.
Why did my provider ask for documents after I already paid? Many providers take payment first, then run KYC review before filing. Check their published policy and verify the request is genuine before sending anything.
Can I refuse to send a notarized passport copy? Yes, but the provider may then decline to file. Notarization is provider policy, not a US legal requirement, so compare providers before paying.
How do I know a KYC email isn't phishing? Check the domain, log in to the portal directly, and call the published support number. Government agencies do not email you for passport scans.
If you want help with US LLC formation, EIN and business setup, NexFyla can assist. Start with the US LLC formation service for non-residents and ask for the KYC document list in writing before you pay.
*Last updated: February 2026.*
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