I have already submitted a question here for an immigration
I have already submitted a question here for an immigration lawyer, and now I require assistance to decide the best route for setting up a legal trading entity in the USA.I am an English citizen, based in Chicago, IL, currently on an F2 visa. My wife is an Egyptian citizen on an F1 visa, in the 5th year of her Economics PhD. My father in-law (who is also an Egyptian citizen, living in Bahrain, which is also his country of residence) & I, run a business together in Bahrain, importing & exporting dietary supplements. We typically import from Germany and export to the Middle East and the USA.We have two registered business entities at the moment:1. We have an WLL license in Bahrain, which is the equivalent of an LLC in the USA. The license is currently under the name of our local Bahraini sponsor and does NOT include either mine or my father in-law's (Khaled's) name. This is common practice in Bahrain, where only local Bahraini's can start businesses. We have a side contract with her, which states that we own & run the business. We use this license for almost all of our trading activities, which include I) Selling our products retail online on our own Websites, II) Selling on Amazon, eBay and other channels online III) Selling wholesale to various customers in Bahrain and GCC.2. We a private limited company (Ltd) established in the United Kingdom under my name, since I am a British citizen. I am 100% under of this company.Moving forward, our business will be expanding in two key ways:1. The volume of products which we will be exporting to the USA will increase. In order import into the US to date, our freight forwarding company acts as the IOR (Importer on Record) on our behalf. Once the goods arrive, we ship them to Amazon's warehouse for sale on Amazon. Our Amazon account is based on our Bahraini trade license, as mentioned above. We can of course import goods directly ourselves, if we were to have an EIN.2. We will begin to manufacture our own products in Germany. We will also be looking to import these in large quantities into the US and look to set-up distribution channels in the USA. This obviously comes with insurance and legal ramifications, which we would need to address.In a previous answer to a similar question (from an immigration lawyer), we have found out that immigration regulations do not prohibit anyone in our status from starting a company. But for myself to have any meaningful involvement in the day-to-day activities, I require a visa status that supports that. We have been told that the E-2 visa would be ideal for me personally, if I am to have any meaningful day-to-day involvement in the business, as currently, under an F2 visa, I am prohibited from working for the company. The suggestion of an L1 visa was also provided, since we already have established business entities outside of the US.We were also advised that since I am a British citizen I would need to be at least 50% owner, as a Treaty Investor. However, Egypt also appears on the list of countries for treaty investors, so perhaps we can divide the ownership, as we wish to. Currently Khaled is 70% owner, I am 30% owner (informally between us). We intend to keep this ratio, and make it legal and documented, if it's possible.So my broad question is – What is the most suitable route to take, given our circumstances? For example, is an LLC the right route. What state is the best to register in. Everyone seems to mention Delaware. We just need to weigh up our various options, to make sure we establish in the most suitable way given our circumstances and ultimately allow myself to work for the company in the US, once it's established.Many thanks,Nick
Law Educator, I am using a 3rd party service provider which,
Law Educator,I am using a 3rd party service provider which, among other things, stores my customers contact name, address, phone and email. I have found another service which is lower priced and provides more functions and features.There is no contract or End User License Agreement (EULA). It is just $300 per month, month to month.I feel I am being held hostage, they will not provide all my customer contact data, 21,201 records. So if I change I will have to pay someone to look up each person in the current system and copy and paste them into the new system. This is a large expense. They are aware of this and is how the keep current customers from leaving.Who owns the data? How do I get my records? There must be recent cases around this topic.ps Any new provider I will make sure there is a contract, EULA, I own the data and can export it to Excel.RegardsSam
I have a LLC company that doing business internationally.
I have a LLC company that doing business internationally. When I but some products from China, can I send my money and buy from him when he is personal entity (Not a business)in China that he bought the products with his bank account.
I have published some apps in Apple's App Store. And, for
I have published some apps in Apple's App Store. And, for publishing apps using encryption, I have got an Encryption Registration approval from BIS ("BIS" refers to U.S. Bureau of Industry and Security).According to web page http://www.bis.doc.gov/index.php/policy-guidance/encryption/reporting#One, I need to file a annual self-classification report for every year. The web page says that "A annual self-classification report for applicable encryption commodities, software and components exported or reexported during a calendar year (January 1 through December 31) must be received by BIS and the ENC Encryption Request Coordinator no later than February 1 of the following year.". So, it seems that the report should only include things exported or reexported.And, here are my questions: (1) If one of my apps that I have published in App Store is a free (can get without money) app, should the report include this app? I don't know whether a free thing may be "exported". (2) What is the exporting and reexporting with reference to? Is it the United States? (3) What does "reexport" mean? What is the difference between it and "export"?Please answer my questions. Thanks!
FOR -BIZAW: Kindly re-read last question you answered for me
FOR RICHARD-BIZAW: Kindly re-read last question you answered for me for context as this relates to the same matter. Does a Canadian company have Nexus by virtue of doing business with U.S. customers and having a U.S. employee located in a U.S. state? If the employee with or without his employer's knowledge colluded/conspired with a 50% partner in a U.S. LLC that was a client of the Canadian company to destroy files on the LLC's hosting account, to block the other partner/officer from accessing files and features of the platform necessary for the LLC to conduct business and then unilaterally deleted the LLC's account in its entirety which destroyed valuable evidence on the server logs which would have identified who did what when -- can the Canadian company be sued and for what causes of action? Can the U.S. employee be sued and especially if he misled his employer about why these actions were taken?Now take into account that the Canadian company's TOS includes non-liability clauses and asserts thati t can cancel any account at any time for any reason in its unilateral discretion. While I recognize that this might protect them from a beach of contract claim, would it protect them from business interference, destruction of private property or evidence (the employee and likely the company knew the two partners were in a legal dispute and are now serving the offending partners separate business), collusion, economic/cyber sabotage, possibly conspiracy to commit these acts, etc?The jurisdiction clause of the TOS states that venue is in Canada. Under the circumstances or with nexus could this be changed to the U.S.? Or since the employee resides in the states could venue be changed to there?