We need to start a business of selling Cosmetics / pharmaceutical products which is manufactured in India.. Wanted to know if FDA is required and what are the requirements to start the business... So in what category I can find an attorney to help...
It is difficult to identify a specific Avvo category for attorneys but you should look for business attorneys familiar with import-export laws, FDA regulations, U.S.-India transactions and corporate matters. It is best to review attorney profiles and reach out to them directly as Avvo does not permit direct client solicitation. Good luck!See question
Hi, I currently have Health benefits from my large employer group, we plan on leaving the employer and forming a two member LLC for our Business in California can I buy group plan for 2 or more people? Some insurance brokers said you have to have ...
It typically depends on the health insurance provider as each may have they minimum requirements, but it is my understanding that you will need at least 1 non-owner employee to be eligible for a small business health plan and there may be a waiting period of a few payroll cycles before you could be considered. My information is based on the input provided by the insurance agents we work with but others may have a different experience.See question
Looking to invest in a start up company and would like to hire the correct category of lawyer to help review their PPM and, specifically, to offer advice on their structure for determining equity. They will be using a SAFE structure to determine ...
You should consult with a corporate and securities attorney having experience working with early stage startups. I presume you are seeking to participate in a bridge financing / pre-Series A round by way of a simple agreement for future equity. In addition to legal review, an experience startup lawyer will also be able to guide you on the "market" terms and the unwritten code when investing through SAFEs.See question
We are in India would like to start a staffing firm registered in US, need to know all possible contingencies, fees, taxes and etc to start with.
You should work with a corporate attorney well-versed with U.S.-India transactions. Based on our experience, you will need to first decide where you want to establish your U.S. office and then register an entity in that state. You also may need to register in other states based on your business plan. There are several other issues that you will need to understand, including whether to establish the U.S. company as a stand-alone entity or as a subsidiary, immigration, employment and tax aspects, and other business and operational issues that are best discussed directly with your legal counsel.
Please reach out to a few attorneys that you think would be able to assist you and set up a phone consultation with them. Avvo does not allow attorneys to solicit clients, so you will need to reach out directly to the attorneys that are a good fit for you.
Good luck!See question
There is one addition person who would be joining our C-corp soon. Besides having meeting and minutes, do we have to file amendment to the secretary of the state?
If you have enough authorized shares to cover the new issuance and the new shares to be issued are of the exact same type as your current authorized stock, then you won't need to file an amendment. That said, issuance of any shares is a securities transaction that requires, at a minimum, board authorization, stock purchase agreement and securities filings, in addition to other legal issues such as updating your stock ledger, issuing a stock certificate, preparing ancillary agreements to cover any non-cash consideration or other business/legal considerations, and any regulatory/tax issues, such as stock options and/or 83(b), etc depending on how you plan to issue and/or vest the shares.
You should work with an experienced corporate attorney to handle this transaction so as not to violate any corporate laws, particularly securities laws.See question
Hello, I am currently on F-1 visa and planning to start up my own business.I was told by my college that I can start business if I am in an OPT period.But they highly recommended me to contact immigration attorney.So I would like to discuss my ca...
You are limited by your current visa status from running your own business although you may own it under certain circumstances.
Avvo does not allow attorneys to solicit clients on their website. You will have to reach out separately to attorneys who you think would be able to guide you and then request an appointment and get their fee quote.
Good luck!See question
Hi, I am from India, and want to open a company (LLC) and bank account. I want to do textiles and handicraft import and wholesale business but I do not have SSN , can you please guide me how can I open a company and what are the documents requi...
We represent several Indian and overseas clients doing business in the U.S. In our experience, you do not need an SSN to set up a U.S. company or to open a bank account, or even otherwise to operate as a business. Of course, some banks may require at least one owner to have an SSN but we have been able to work around this requirement for our clients.
You will most likely not be eligible for an ITIN and IRS may deny your application. An ITIN is not issued unless you have an immediate tax reporting requirement in the U.S., such as when you are required to file U.S. tax returns but are otherwise not eligible to obtain an SSN. In our experience, an ITIN will not be issued simply for purposes of opening a bank account.
There are several other issues involved in cross-border business transactions, particularly for those doing business from India. As you may know, India has unique foreign remittance requirements, besides other potential roadblocks in terms of proper entity structure, planning ahead for immigration and a host of other business, legal, tax and regulatory issues.
You should engage an experienced U.S. counsel well versed with U.S.-India transactions to assist with your business set up and to represent you on an ongoing basis. Please review a few profiles on Avvo and reach out to those who you feel would be best able to help you. Avvo does not allow attorneys to directly solicit clients. Good luck!See question
One partner no longer can participate, therefore, we need to remove her from the S Corp paperwork. We submitted the Articles only recently and have not heard back from the State. Will it cost extra to amend? Is it possible to amend at this stage...
Names of "partners" are typically not required on the Articles, unless you chose to prepare your own version naming her. Amending articles is not possible while it is being processed. You could do it after receipt of the filed copy. Please engage a corporate lawyer to properly handle it for you.See question
It's an import and online retail business. What type of license is good for us as start-up and the tax return requirement?
If you have partners, you should operate under a legal entity (corp or LLC) to conduct your business. You will need a tax ID, business bank account, Pleasanton city business license, business insurance (depending on the type of activity) and also import licenses. If it is an online business, you also should get an attorney to prepare e-commerce contracts for your business. Internally, you should have all "partners" sign a "partnership" type agreement that captures your business understanding in a legal contract.
As you can see, there are several issues to consider and it is best to engage a local business attorney to guide and represent you. Good luck!See question
A friend of mine who is an accredited investor had agreed to invest $15,000 in 5 monthly instalments of 3,000 each in my startup. I had told him that I will execute a SAFE agreement after he gives $15,000. After paying the first instalment, that t...
A SAFE, if properly structured, does not give any shareholder rights to the SAFE holder, including inspection rights. Inspection rights are typically negotiated between the company and each investor or the lead investor, if there are multiple investors. In the absence of any signed contract, you may not be bound to share this information just as the investor is not bound to invest additional installments.
To me, though, your bigger problem is that you seem to have accepted investments and undertaken securities transactions without engaging an experienced startup securities lawyer. If so, please engage one immediately. Otherwise, all of your investment could be at risk. An accountant or other professional will not be able to replace the role of, or bring the value add, that an experience corporate counsel will bring to your startup.See question