Basic advice please for Scottish software business launching in USA

[jamesparker]

Hi

We are a multinational software company who want to form a company and office in North Amercia. We are thinking about incorporating in Delaware with an office in New York.

Does anyone have a decent resource for professionals to help us get setup? We need to make sure we are setup properly.

* Attorneys - corporation formation, drawing up software licence agreements etc.

* Office services - initially a virtual office with Personal Assistant.

Thank you

 

[JETX]

Initially, you need to get your corporation established. Once that is done, you can then start to establish a 'presence' (office, etc.).

If you are going to start by registering in Delaware (Nevada is also a good state to consider), you might want to visit the following sites:
http://www.delawaresbdc.org/quickguide.html
http://www.state.de.us/corp/
http://www.business.gov/startup/
http://www.entrepreneur.com/article/0,4621,306251,00.html

Best of luck in this new endeavor.... from a descendant of Pitfirrane estate, outside Dunfermline!

 

[jamesparker]

Thanks

fantastic - very useful

James

 

[hexeliebe]

JetX always has good advice. That's why I keep him on retainer. One carrot a week.

If you are thinking of establishing a presence in any state, you might also want to inquire of that state's Secretary of State office about requirements for registering a 'foreign corporation'.

This isn't a corporation from out of the U.S. but one doing business in the state that is registered in another state.

The qualifications and requirements for New York can be found here:

http://www.law.cornell.edu/ny/statutes/buscorp.htm

Scoll down to article 13.

Also, depending on the county requirements, there is a registration requirement also. (Where I live in Tennessee if the corporation is registered in the state with it's home office in one county and does more than $50,000 in business in another county, the corporation must also register in that county).

It ain't easy but that's why there are corporation attorneys making lots of money.

 

[jamesparker]

Do you only need to register as a foreigh company once you get the purchase order

Thanks hexeliebe

I assume that you only need to worry about registration in a foreign state once you actually receive an order. In otherworfds we can try to develop the business, do presentations etc without registering in each state?

Also - how on earth do we select a decent attorney? Where is the best starting point?

Thanks
James

 

[hexeliebe]

www.nysba.org is the website for the New York state bar association. You can write them for a list of attorneys proficient in corporation law.

If you do find one please ask them regarding the requirements for filing as a foreign coporation without income. I don't have the time to research such an issue.

Also, if you are required to file in NY even without income, your attorney can act as your Registered Agent in New York.

 

[JETX]

I suggest you also consider using the service that pays the bills for this website......

"Attorneys, Lawyers and Law Firms who help people organize and operate businesses, in corporate form (including incorporating C Corporations and Subchapter S Corporations), as Limited Liability Companies (LLCs), in partnerships (such as General Partnerships, Limited Partnerships, LLPs) and sole-proprietorships. Business, Corporation and Partnership Attorneys deal with corporate officers and directors, investors, corporate minutes, public offerings and private placements of stock and debt, mergers, acquisitions and consolidations, financings, loans, "
and can be found at:
https://attorneypages.com/512/index.htm