i am trying to do partnership with legally allowed foreign company to export their products in usa and i will distribute products in usa as distributer. i will have some percentage partnership in that company and i will be 100% owner as distributer in usa.
1-how should i form this two different business entity? LLC or corporation
2-what kind of terms and liability should be looking with the foreign company partner?
3- what kind of licenses do i need to bring products in usa?
4- any special forms or draft to offer investors to invest their money, not as partner(only profit and loss sharing, not voting or any rights to become ownership)
any guidance will be greatly appreciated.
International Law Attorney
I agree with my colleagues that you should consult an international business attorney in your area, and use your list of questions as a starting point. One additional consideration is whether the products that you intend to import violate anyone's intellectual property in the United States. Depending on the product, a patent or trademark search may be necessary.
Disclaimer: Nothing in this post should be construed as legal advice or as creating an attorney-client relationship. Do not rely on the opinions expressed in this post without discussing them with your attorney. Legal advice must be tailored to unique circumstances and this post is for general purposes only.
These questions are really beyond the scope of what the lawyers here at Avvo can handle. You need to sit down with a good business lawyer in your area to discuss your options, because there are many questions that need to be answered. There are quite a few good lawyers on Avvo that are in the Southland.
www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.
I specialize in incoming foreign trade with the US. Your questions are somewhat unclear (e.g. "two different business entity", or "legally allowed foreign company".) Some products require import licenses, some don't. Issuing shares is a complexity unto itself, and is also very fact specific depending on your situation and your goals. It is much too extensive for an Avvo answer.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.