Mr. Shulz has given some great information for initial considerations for you. You can establish a separate company, i.e. an LLC or corporation, to be the independent representative, if you believe there is a basis for some liability as the rep for this offshore-based company. Often, an independent rep has little liability for the conduct of the business it represents, unless the rep becomes too involved in the agreements between the company and the customers located and obtained by the rep. In part, your liability will be based on the relationship you have or establish with the company and how and when it will indemnify you (if it has the resources to do so), but you may also create liability to others by holding yourself out in a fashion that suggests you are responsible and are more involved than simply an independent rep.
You should consult with a business attorney in your area to discuss more specific information regarding this relationship.
The foregoing is not offered as legal advice, but is a general analysis of the situation posed by your question. I am not your attorney until I have been retained through a written retainer agreement which is signed by both of us. I am only licensed in California and make no representation as to the laws of other states.
It is impossible to provide a detailed answer without more informaiton about the parties and their agreement.
- If one is operating as a sole proprietor, one can obtain additional protection by forming one's own LLC and complying with applicable formalities.
- Insurance - commercial general liability at the least, perhaps E&O or other, depending on the nature of one's business - is a good idea.
This information does not constitute legal advice and does not establish an attorney-client relationship.
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