How to start a company in the United States?
by CorpSeed Pvt Ltd Environment | Compliance | FinanceThe United States has always
attracted entrepreneurs around the world, who see it as an environment
particularly favorable to entrepreneurship. The spirit of creation and conquest
of new markets so characteristic of the United States encourages these entrepreneurs
to try the adventure of starting a business on American soil. With more than
320k inhabitants, the development prospects for businesses are immense.
The
entrepreneurs who have launched themselves continually praise the
administrative flexibility and the business opportunities offered by this
country compared to other countries like India, although the situation is
continuously improving.
However,
if launching your business in the United States may seem easy, it is essential
to prepare well so as not to experience failure.
If
you too wish to immigrate to the country of Uncle Sam to set up your business
there or simply to test the marketing of your products and / or services on
this market, we suggest that you read the following tips.
Define Your Implementation
Strategy
If
you want to successfully set up in the USA , you must of course start by
developing your business plan and studying your market in order to
develop a strategy that is adapted to it. It is the very basis of the business
creation process . Carrying out a good market study is an essential
prerequisite for absorbing the functioning and state of the market, as well as
the competition.
Then,
it should be emphasized that getting started in the USA can be done in several
ways: getting started without creating a company in the USA (via a simple
website in English for example), getting started without creating a company in
the USA but using the services of an on-site representative capable of
interacting with local customers and suppliers on your behalf or even getting
started by creating your company on site .
There
are therefore several ways of considering setting up in the United States for
an entrepreneur. To advise you on the appropriate strategy, the lawyer or
“lawyer” specializing in business law and present on American soil is often the
privileged interlocutor. Your role will be to advise you on the best
implementation strategy and to draft all the appropriate legal documentation
for your company, be it your articles of association or your commercial
contracts in order to guide you among the various constraints. laws and
regulations that govern your activity at federal and state level.
Get a Work Visa
To
immigrate to the United States and set up your business there , you will need a
visa. In terms of immigration, American law provides for a multitude of work
visas to which a foreign worker can apply: E-1 visas (“Trade” visa), E-2
(“investor” visa), L-1 (“intra-group transfer” visa) or H-1B ( temporary work
visa for specialized workers) . Each of them corresponds to a specific
situation and has specific criteria to be met in order to be awarded.
For
foreigners wishing to start a business in the
United States from India, applying for E-1 and E-2 visas
may be a good option, although these visas are more expensive than the L-1
visa. For example, applying for the E-2 visa requires that the applicant
invests or is about to invest a “sufficient” sum in a business in the United
States. It is the State Department and Immigration Services (USCIS) which will
determine, given the nature of the activity undertaken, whether the investment
is “sufficient”.
The
financial obstacle that can constitute obtaining an E-1 or E-2 visa pushes an
increasing number of foreign entrepreneurs to apply for obtaining the L-1 visa.
This visa is particularly intended for foreign companies wishing to set up in
the United States by opening new premises on American soil. This visa is
renewable each year for a maximum period of 5 to 7 years depending on the case.
After this time, the visa holder must leave the United States for at least one
year before applying for a new visa.
Let’s
be clear, the conditions for obtaining a visa are complex and must respect a
strict formalism, this is why it is strongly advised to be accompanied by a
specialized lawyer to maximize the chances of success of obtaining the visa.
Create Your Business In The USA
In
the United States, there are four predominant social forms for societies:
It
is the social form suitable for a self-employed entrepreneur or a self-
employed person. Its advantage is that it offers a certain flexibility to the
entrepreneur who is not obliged to register as a company. However, to exercise
certain activities regulated at federal and / or state level, he must have a
certain authorization. Also, the income of the company and that of the owner
are the same. Taxation is therefore made on this same income. This is its real drawback.
We
choose this social form as soon as there are at least two owners to run the
business. With such a status, for all actions of the company, each owner is
responsible for his own funds. Here, registration is required. There are two
forms of Partnership: the General Partnership in which the company is divided
equally and the Limited Partnership allowing to limit the control and the
responsibility of specified partners.
Read also: Business Registration
The
Corporation is an appropriate form of corporation when you choose shareholding.
From the moment you manage to have shareholders, you can choose this social
form. Whether in terms of responsibilities or in terms of taxes, such a
business is separate from its owners. Only the company is legally responsible
for its actions and debts. And this is the advantage for the owners. However,
the company may be taxable twice; when it declares a profit, and when it
distributes dividends. The Corporation exists in two traditional forms: C Corp
and S Corp. In general, foreigners cannot be shareholders of an S Corp. The
form available is therefore the C Corp, unless the foreign shareholder has a
permanent resident visa.
The LLC (Limited
Liability Company)
It
is a hybrid form of partnership between Partnership and the Corporation. Its
advantage is that it benefits on the one hand, from the tax efficiency and
operational flexibility of the Partnership, and on the other hand, from the
limited liability of the Corporation. The “Members” of the LLC may be,
depending on the different States, natural persons, Corporations, single
members (one-person LLC), or even other LLCs.
It
must also be taken into account that to develop your business in the United
States, you do not have to settle physically. You are given the opportunity to
position yourself with a representative on site or even with a simple website
respecting American standards.
Anticipate Labor Law Issues
Labor
law in the United States is quite restrictive and requires serious
consideration so as not to miss an obligation for your company. Indeed, the
creation of a company on American soil and the hiring of local employees imply
to carry out a series of registration with the tax administration and state and
federal agencies and to subscribe to several insurance policies mandatory.
Each
state has its own specificities in terms of labor law , so it is more than
advisable to seek the services of a specialist lawyer to assist you.
Protect Your Business
Relationships
In
India, two partners who wish to establish a commercial contract to supervise
their employment relationships must comply with the provisions of the Civil
Code and the Commercial Code to draw up this contract. The law therefore
imposes certain rules which a contract cannot violate on pain of nullity. On
the other hand, in the USA the situation is somewhat different since American
law is essentially an unwritten law which is based on the different cases of
case law of the courts of each State. In the event of a conflict between
business partners , the way in which the contract has been drafted will be
decisive in deciding which of the partners is at fault. This is one of the
reasons why the contracts subject to American law are generally much longer
than the contracts subjected to French law, since it is necessary to provide
for all possible cases.
As
two business partners are free to include the clauses they wish in the
commercial contract which binds them, it is essential to have their commercial
contracts drawn up by a competent lawyer so as not to place all the
responsibility on your company in the event of litigation. This reflection is
valid for all commercial documentation: service contract, partnership contract,
general conditions of sale or use, etc.
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Created on Jun 20th 2020 07:02. Viewed 347 times.