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BizLawyerNate
BizLawyerNate, Attorney
Category: Business Law
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Experience:  7 Years of Legal Experience Representing Small Business Owners
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Hi, One of my associated in the United Kingdom wants to form

Resolved Question:

Hi,
One of my associated in the United Kingdom wants to form a wholly owned subsidiary of his company in the United States.what is the most convenient type of entity for him.He only has a mailing adress in the US.The company will be operating through agencies in Us and would not have any physical presence as such
Submitted: 3 years ago.
Category: Business Law
Expert:  BizLawyerNate replied 3 years ago.

Thank you for your question and welcome to Just Answer.

 

The most convenient form would be an LLC. There is no prohibition regarding foreign ownership of an LLC (unlike a corporation) and it would give him the flexibility to operate it however he would like. The best states to form the LLC in would be New Hampshire, Nevada or Wyoming.

 

I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

 

Thanks!

Nathan Moore

Customer: replied 3 years ago.
Thanks Once the LLC is formed how would the ownership be transfereed in the name of his Indian company.Also with how many members should he start the LLc.What is the implication of number of members?
Expert:  BizLawyerNate replied 3 years ago.
There is a maximum (I'd have to look it up), but he can form it with one. He can simply write a document establishing ownership of the LLC. That is an internal document that does not need to be filed anywhere.
Customer: replied 3 years ago.
So can a foreighmn partenership own an llc?Would the membership be in the name of the foreighn partnership.Also can he form one without a physical Us adress?and how does he get an ein?Thanks
Expert:  BizLawyerNate replied 3 years ago.

Yes, it can. It can be in the name of the foreign partnership, but that information does not have to be submitted to the state.

 

At least a virtual address will be needed, as well as a registered agent (there are dozens of such services online for under $100 per year).

 

Here is where you can apply for an FEIN from the IRS

Customer: replied 3 years ago.
Thanks just one last question I went to the fein link it says that if it is a single member llc thaen irs would treat it as non entity and a return in form 1040 would have to be filed.But the point here is that the llc would eventualyy be owned by a foreign corporation so how would the status be changed vis a vis IRS???
Expert:  BizLawyerNate replied 3 years ago.
That doesn't affect anything. That's just how it treats the filing - it would be treated as a single "person" whoever owns it, not a partnership. That's all that means.
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