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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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I have formed an LLC in New York State which provides consulting

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I have formed an LLC in New York State which provides consulting services. I have the opportunity to provide those services, in exchange for other services, to various Latin American companies from my NY location. Are there any special laws (domestic or international) that I should be aware of which would govern this exchange, or any resources that I can access to draft good contract language and other related documents to protect my business and ensure that I am not breaking any local laws?
Hello again,

What exactly is the nature of your consulting services (brief description, please)?
Customer: replied 3 years ago.

This business would provide career development / human-resources strategies for local businesses in countries like Brazil. I exchange for that information, the local businesses would provide me market research information / direct client contacts which would help to expand my business in the region.

Okay, thanks.

My concern was that you may be transferring high technology information. The U.S. Bureau of Industry and Security can levy criminal charges for exports of technology information that could assist a foreign nation with the development of its military. Your facts suggest nothing like this, therefore you are generally free to do as you wish, and there are no laws that would interfere with your contemplated business model.

Re consulting contract templates, the best available online can be found at this link. Some are free -- some are not.

Please let me know if I can be of further assistance.

Hope this helps.
Customer: replied 3 years ago.


Thank you very much for your informative reply!


 

Customer: replied 3 years ago.

One additional question: Since part of the work will be executed in places like Brazil, would you recommend that I link up with a local attorney, or a specific kind of business entity, in order to ensure that everything goes smoothly, especially if I wind up paying the local company for their services in monetarily, as opposed to continuing the pure exchange of services?

Since part of the work will be executed in places like Brazil, would you recommend that I link up with a local attorney, or a specific kind of business entity, in order to ensure that everything goes smoothly, especially if I wind up paying the local company for their services in monetarily, as opposed to continuing the pure exchange of services?

A: If you are actually working within the territorial borders of another nation, then in my opinion, you need someone who is a citizen of that nation who can be utilized: (1) to interpret the legitimacy of alleged local business practices; and (2) to enforce your contracts, if necessary.

Claims by a counterparty of customary business practice can be used to deceive in ways that a foreigner cannot possibly guess. You won't know if you're being defrauded, because you won't know what's ordinary and necessary in the foreign nation. I'm assuming that you are fluent in reading and writing the Portuguese language, as well. Because if you are not, then it becomes trivially easy to trick you into believing that a horse is a zebra and visa versa.

So, yes, having a lawyer licensed to practice in a foreign nation is extremely desirable. However, it can't be just any lawyer -- because the legal profession is no less likely to perpetrate a fraud as any other, in order to generate a profit. You need a lawyer who is commonly utilized by U.S. persons, so that the lawyer has an interests in maintaining a good reputation among U.S. citizen clients (click here).

Hope this helps.
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