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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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a friend of mine left the country owing credit cards, mortgage,

Resolved Question:

a friend of mine left the country owing credit cards, mortgage, etc. now he opened an export business under a partnership and wants to ship to the states. can creditos find out about his business even though he is not registered here in the states as a business? when clients pay for import goods to a foreign partnership do the names of the owners of that foreign business appear on the payments? In short, could creditos come after him? is there a way they can find out about his business?
Submitted: 8 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 8 years ago.
If he decides to do business in the states, he becomes liable for his business dealings, but only as a partner. Should creditors catch wind of the fact that the business is under his name, they may try to bring suit against him by stating that the business that he is running here is essentially him but in a company veneer (this is called piercing the corporate veil).

Some of the ways to avoid that is to have a small percentage of the company and not a controlling interest, not use your own name on checks, business stationary, or business records.

If clients pay for import goods, partner names may appear on the import goods, but it all depends on how the foreign partnership is set-up. Here, it is based on international law of the country where the business is set-up, and not US law.

Creditors, if they go looking, may be able to find him if he uses his social security number (or alien registration number) in conjunction with the business, or if he advertises.

Hope I was able to answer your question. Good luck!


Dimitry Alexander Kaplun, Esq.
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