UNITED STATES LAW AND PROCEDURE APPLICABLE TO THE U.S. OPERATIONS OF A FOREIGN INDIVIDUAL OR ENTITY

Starting A U.S. Office of A Foreign Company:

  1. General Laws

  2. Identifying the Appropriate Structure for the Business Relationship (license, Agency, Sales Representative, Distributorship, Joint Venture)

  3. Branch or Subsidiary?

  4. Exploratory Visits to the U.S./Opening a Representative Office

  5. Registration and Procedure of Formation - Corporation/sub S Corporation/limited Liability Corporation/partnerships/investing Through a Foreign Entity

  6. Pre-incorporation Transactions

  7. Requirement Regarding Directors and Officers

  8. Leasing of Office-Space

  9. Opening and Operating a U.S. Bank Account

  10. Audit of Books of Accounts - Mandatory?

 

U.S. Tax on Income Generated from the U.S. Transactions and Operations

Reporting Requirements - U.S. Tax and Investment.

 

Exchange Controls and Repatriation of Income from the U.S. to the Foreign Country

U.S. Withholding Tax on Payments from the U.S.

Obtaining Social Security and Tax Identification Numbers

Social Security and Unemployment Tax

Taxation of Individuals Working in the U.S. - Tax Filing and Withholding Requirements

Negotiating and Structuring Joint Ventures/Strategic Alliances

Negotiating and Drafting Service Agreements with Clients

Transfer and Use of Technology, Know-How, Proprietary Information and Technical Assistance

 

The Importance of Underlying Service Agreement:

A. Formality of Written Contract

B. Basic Provisions to Be Included

C. Relevant International Treaties and Customary Law

 

Employment Agreements with Professionals and Important Employees

U.S. EmployersÌ Obligations in the Employment of Aliens

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