Doing business in the United States – Silver & Co.
Our firm provides legal and business counsel to business clients who engage in a wide variety of business and/or investment activity in the United States.
Why our firm?
We exclusively represent non-US businesses active in the US. Our firm possesses unparallel expertise and understanding of the constraints that non-US businesses have when entering the US. In addition, our lawyers have a rich personal background in US business and investments. Our ultimate goal is to help our business clients achieve their business goals in the US with minimal risk.
US real estate investments
Our clients include large foreign institutional companies as well as a private parties from around the world who invest in US real estate. These investors can be divided into two groups: those who purchase US real estate directly, and those who invest via a third-party local partner.
Direct real estate investment means investment in the investor’s name, where the investor hires an entity to collect rent and manage the asset. Whether investing in a skyscraper in Manhattan or a multifamily complex in Texas, the issues are similar. Does the real estate belong to the seller? Is the property subject to liens or other issues related to title? How will manage the asset? Who will manage the real estate? Who manages the manager? How to invest to minimize US taxation, either on the on-going rental income or on capital gains?
Indirect investment. Those investing through a local partner face additional issues beyond those mentioned above. What is the background and experience of the local partner? How can the foreign investor maximize control over the investment, including who determines what assets are bought, when the assets are sold, and other major decisions such as large capital expenses or loans against the property. These issues must be addressed in the agreement between the foreign investor and local partner.
Many of our clients are non-US ecommerce companies who sell goods or services in the US. Companies which start selling into the US have many questions that relate to the US legal and business environment. On the federal and state level, taxes are a main issue. What is the exposure to US federal tax, or to state-level income tax or sales tax? How should business be structured to minimize US taxation?
However, many other issues must be dealt with, such as product liability and terms and conditions which govern the sale.
It is important to note that the above issues become more complex once the ecommerce company establishes formal presence in the US or hires US-based employees or sales agents.
Advance planning can help the company maximize profits as well as minimize the problems that the company may face from governmental agencies as well as from employees and business partners.
Opening offices in the USA & recruiting US employees/agents
Our office represents a wide range of non-US based businesses who have established offices in the US. Our clients range from large pharmaceutical companies to small startups. Establishing a formal US presence raises many issues, such as: in which state to establish the activity? Should the US operations be structured as a US subsidiary (corporation or LLC), a sister company or should the business be run directly through the foreign company?
Hiring the first employees and/or agents gives rise to many issues, such as relocation of senior employees from abroad, to recruiting US-based employees and/or independent contractors. Each decision has many options and each option has consequences.
Businesses in areas that are highly regulated by US authorities
There are many areas in which business activity involves significant regulation by federal and/or state government. Gambling, crypto, alcohol and cannabis are a few of these areas. Engaging in business in these areas requires significant advance planning in order to avoid criminal exposure.
In these areas, the non-US business must know the parameters of what is legal and what is not. This requires the business owner to retain expert advice from a lawyer who can tailor the business activity in a way that lawfully achieves the business objectives of the client.
The above are only a few examples of the wide variety of business activities that our clients engage in within the United States. Our firm only deals with businesses or investors located outside the US but operate in the US. We help our clients deal with the US legal and business environment in the US in a manner that helps them achieve their business objectives with minimal risk.
Contact us to schedule a consultation