My in laws own a textile company in India and plan to start an e-commerce website to cater to the US market. I have EAD and will be looking after the US operations. To begin with I will be receiving imported goods and then shipping each order. ...
Hi Sonal, It is difficult to say whether or not you will run into any legal hurdles, but there are several issues to consider when undertaking U.S.-India transactions. Your immigration situation will not be a problem but you must engage an experienced business attorney conversant with U.S.-India trade and export/import requirements. We have seen a lot of influx of Indian companies here and you will do well to reach out to an attorney from the outset. Please reach out to a few U.S. attorneys who you think will be able to help you. We have handled several similar situations but we are not allowed to solicit clients on Avvo. Good luck!See question
Hello, I am on H1-B Visa and work for a company in US. I understand that I can only open a company here but cannot work for it since I am already working for the company which has sponsored my H1-B. I don't want to involve any unknown pers...
It is not clear why you want to open the company in Wyoming. Aside from that, everything that you mention in your queries is doable. As for the type of entity and bank account process, etc., it is best to speak with a U.S. lawyer who has handled such incorporation for Indian citizens. From my experience, you/your brother will be able to open and operate the business if done through an experienced professional. Please reach out to attorneys who you think would be a good fit. We are not allowed to solicit clients on Avvo.See question
I'll try my best to explain my situation out here I'm running a Software Development Company (IT Consulting) in Mumbai, India There is a company based in California who wants me to develop a Software Database for them This company doesn't...
There are several issues to consider here and it is best to work with an experience U.S.-India trained corporate/business attorney.
Your understanding of how the deal is to be structured seems flawed as it is likely that the U.S. business is not set up as a partnership nor do they appear to offer you an equity stake, but only some sort of royalty or commission based on profits.
That said, everything you would like done is possible, but you will need to work with an attorney to properly structure and close the deal.
Please reach out to U.S. attorneys you think would be a good fit for your needs. You may review their and our profiles on Avvo or directly on the websites and then schedule a consultation to take this forward.See question
I am in the process of forming an independent film production company. I was considering forming as an LLC in Delaware, due to the legal advantages, but when I look at taxing and fees I am second-guessing myself. Furthermore, I am not wanting to b...
Delaware will make sense only if you are planning to operate multi-state and eventually may move your LLC elsewhere. If the initial operations will all be in California, then stick to a California LLC. Registering in California will be mandatory immediately even if you are a Delaware LLC if the business address is in California. Size of your business operations is irrelevant for registration purposes. Please consult with an experienced business attorney to guide you. Good luck!See question
I am on H4 EAD employed by a foreign company. I plan to meet its US clients to make sales pitch for it. I also plan to rent a business address for the foreign company only for communication mails etc. Do I need any sort of business/sales licens...
Yes, you will need to register the company as well as obtain a business license as you are creating a permanent nexus to the state. Please consult a business lawyer as there are several other legal and tax issues that you should consider while setting up a U.S. entity for a foreign company.See question
Can a H1B also can have more than 50% equity in the company?
It's fine to hold more than 50% equity but an H-1B individual should ideally not be a signatory to the business bank account, unless (in the unlikely event) the LLC is also the sponsoring H-1B employer.See question
The stock certificates were incorrectly issued. They were issued for 1500 shares to each shareholder and it should have been 750 to each shareholder.
Yes, if it is typographical mistake and both shareholders agree, then it can and should be fixed.See question
This is Ram, CEO of Sonasoft Technologies Pvt.Ltd (www.sonasoft.co.in) . We are an Indian company specialized in BPO services, whose offices are solely in India. We are planning to purchase a United States "S" Corp company which is in the same Do...
It is entirely possible for an Indian company to purchase a U.S. company under the circumstances you mention. Having represented several Indian businesses in U.S. M&A transactions and other deals and vice-versa, we can tell you that you will certainly need to engage a U.S. counsel (need not be based in Texas) to advise on the deal. If this is your first U.S. transaction, you will not just need a lawyer but also other professionals to guide you as you will be subject to U.S. laws and regulations, during and post-close of the transaction. It is best to work with an experienced U.S.-India cross-border attorney who could guide you on the U.S. side keeping in mind the Indian laws, particularly as they relate to foreign investments and outward remittances.
Following are quick responses to your queries:
1. Yes, it is possible. There are different ways to structure this deal, so it is best to engage an experienced counsel.
2. It should ideally be the U.S. but may be India or a combination of these based on how the deal is structured.
3. Tax implications for you will mostly depend on how the deal is structured but can be minimized or avoided for you for this transaction, but you will be subject to U.S. taxes post-close. It is not possible to give a clear answer without knowing details of the deal.
4. It is possible to open a U.S. bank account remotely. There are other ways and means to transfer money electronically. The key issue to be resolved will be how to satisfy the Indian authorities and comply with their regulations relating to outward remittances. Again, this will require counsel who is aware of both U.S. and Indian laws.
5. Both A and B should sell, but there are workarounds depending on how the equity is split up, etc. Attorneys are not allowed to solicit on Avvo or elsewhere. You should feel free to look up profiles of attorneys who you think will be a good fit for you and then contact them directly for assistance.
Hope this helps. Good luck!See question
I live in Oceanside, CA. I want to start an ecommerce retail business from my home and I will not be using my own name. I understand that I need a DBA, a business license, and probably a home permit. I move at least once a year (within San Diego c...
Yes, you may use a virtual office address but please be sure to check your mails regularly!See question
Hello, I'm on H1b visa & thinking of doing business in US . I would like to check, if its permitted /legal for a foreigner to a operate a business ( type of business : Web applicaiton similar to AVVO) being completely outside of US...
Yes and no! Yes, you could set up a business and become a passive owner but no you can't work for or on its behalf. There are several other issues that you need to consider, which are best discussed with an attorney.See question