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How to start an LLC as a foreigner?

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What would be the first steps you actually want to take to start an LLC as a foreigner?


How to proceed?

I don't need a Visa to enter the U.S. with my passport so what are the legal requirements but also procedures to do it?
 


besides people do get away with crime will succeed in a free market, pushing others to the limit or bankruptcy, they are likely to follow suit, especially if the state has no proper social system to protect them from ending up on a street.

The issues I have raised are legitimate and instead of regulating, law has turned into an industry of its own. I am sure American companies will face stiff competition from China in the upcoming decades and these crazy regulations and fines are not helping us compete at all.

Europe is not much different when it comes to regulations, in fact it is even worse but I had a case where I was caught red handed and I just paid my fines and it motivated me to be even better and do things more transparenty. It did not end in a prison sentencing or some crazy stuff like that.

I violated some data handling and protection laws because it was unreasonable for a company of 40 people to do the things they expected me to do.

By the time they got to bust into our offices and check what we do, I already had enough of money to cover the costs that demand us to do what they asked for to begin with.

The problem is, my aim was never doing something illegal or being a bad person but if you don't know business and if you don't know how common this is, it is almost a must. And when a person like you who lives in a fairytale world comes in you assume everything can be 100% legal.

Guess what? It can't.
Especially in this new age where entire information and communication is recorded, you could prison almost anyone these days.
That is not going to help us. It will destroy our ability to compete.

If I don't do it, some companies will. It then turns into a bloody competition and 100 can end up in jail and whoever is the centipede that hides its legs the best, he prevails and stays afloat.

That is not what competition is about and we will not end up with competitive and best companies. In fact we will end up with corrupt companies and I believe that is pretty much the case these days.

A lot of people imprisoned and a lot of corrupt corporations it the result. Oligarchy.


I talked to many of my colleagues in China and I hate to say it, but the atmosphere in their country is providing them with a very nice climate to compete and their system is very reasonable. We already registered our office in HK and we really don't have these fears that we have about America.

We do not have bad intentions but American laws are really scary and yet companies are very corrupt and our competition might evade these laws, while they unfairly apply to us?

It is our distrust in the American law system and it was a perfectly legitimate question I raised but you decided to be so bitter about it and not provide us any useful information or thoughts.
If you have a different opinion, feel free to share it.

Obviously I will plan how to go about this with limiting my responsibilities and liabilities if we do register in America.
I obviously do not want to expose myself to these laws and some nut job district attorney charging me with these crazy counts. Often I am puzzled by the amount of counts they raise over one single incident. I believe it happens to not rare that a defendant doesn't even properly understand what he is being accused of.

But hey, I am not supposed to worry about that? That is all just in my head right? 10% of men end up in prison at some point in their lives, and I am not supposed to prepare myself for that? Really? Wtf...
 

Just Blue

Senior Member
hey donät be so bitter... I am still considering. Your reply was not useful at all. It seems to me you like to see your clients get high sentencing. What a lawyer hey...
Bitter? Not a bit. And read the TOS of this site. Most of the members here are not attorneys.

I will also disagree with you that my post wasn't helpful. Contact an Attorney, in the state you may move to, to make sure you are setting up your business in a legal manner. You will also need to make sure you can legally work here without a visa...because I'm pretty sure you will need one.

More great advice: If you don't like the laws of a foreign country, don't move to the foreign country. "But I didn't know it was illegal" or "but it's legal to do in my home country" are not a defense when facing criminal charges in the United State (any of the states).
 

Zigner

Senior Member, Non-Attorney
Many business law attorneys/firms will be able to help a person incorporate in whatever state is most advantageous. The attorney/firm doesn't (necessarily) need to be located in the same state in which the business entity is to be formed.
 

Zigner

Senior Member, Non-Attorney
Consult with a Business/Corporate Attorney in the state you would be moving to. That way you don't do anything illegal by mistake and become a victim of our "harsh justice" system.


https://forum.freeadvice.com/threads/why-are-american-courts-so-harsh.662067/
I'm glad you brought this up, because the thread was locked before I had a chance to respond to a specific statement that stood out in that post:

"Well sadly I am a man and sadly I am young. That means my chances are high. 9% is actually very high!. "


I'm not sure where you got your information from, but it seems suspect, at best. In any case, if you follow the law, then your chances of being incarcerated are not 9% and it's silly to even infer that from whatever article you read.
 

quincy

Senior Member
NoobForLaw, in what country do you reside that makes you believe that the laws in the U.S. are harsher than in other parts of the world?

What was it that appealed to you about China when you decided to register your business there?

Your country of residence more than likely has law firms with attorneys specializing in international laws. Instead of looking for answers on Internet forums, you probably would benefit more from sitting down with an attorney in your area to discuss your desire to expand your business to the U.S.
 

not2cleverRed

Obvious Observer
What would be the first steps you actually want to take to start an LLC as a foreigner?
I would perform a google search, something like: "foreigner starting llc in usa". I would start reading guides and look for forums. I would use what I read as a starting point, not the be all end all.

If you read enough, you might have a better idea of what to look for in legal help.

Europe is not much different when it comes to regulations, in fact it is even worse but I had a case where I was caught red handed and I just paid my fines and it motivated me to be even better and do things more transparenty. It did not end in a prison sentencing or some crazy stuff like that.

I violated some data handling and protection laws because it was unreasonable for a company of 40 people to do the things they expected me to do.
You will definitely want to consult with an attorney, due to this past issue.

I find your attitude worrisome: data handling and protection are not unimportant issues.

Obviously I will plan how to go about this with limiting my responsibilities and liabilities if we do register in America.
I obviously do not want to expose myself to these laws and some nut job district attorney charging me with these crazy counts. Often I am puzzled by the amount of counts they raise over one single incident. I believe it happens to not rare that a defendant doesn't even properly understand what he is being accused of.

But hey, I am not supposed to worry about that? That is all just in my head right? 10% of men end up in prison at some point in their lives, and I am not supposed to prepare myself for that? Really? Wtf...
Look at the statistics for who ends up in prison and why. Half of the people in federal prison have drug related convictions. So, if illegal drugs are not part of your business model, and you yourself stay away from illegal drugs, that should reduce some of your risk.

The type of crime you are worried about potentially committing is called "white collar crime". Less than 6% of arrests are for white collar crimes. Only 3% of prosecutions at the federal level are for white collar crime. However, your actual risk may be higher due to your immature attitude. There is no "WE" - you are not a US citizen.

Go to China. Engage some slave labor - bonus points if they're "political" prisoners. And branch out to North Korea.

WE are not bitter. WE just are unimpressed by you. I know: "Inconceivable!" But true.
 

quincy

Senior Member
Following is a link to a 2020 World Bank Group publication (“Doing Business”) where you can click on a country’s name and learn about doing business in that country.

https://www.doingbusiness.org/en/rankings

It is important to note, however, that there were data irregularities discovered in a few of the year’s reports and, although corrected reports were issued (and are available at the link provided), The World Bank Group issued a statement on September 16, 2021, stating that they will no longer publish business reports. Here is a link to that statement: https://www.worldbank.org/en/news/statement/2021/09/16/world-bank-group-to-discontinue-doing-business-report

Although the information is helpful in getting a look at a country’s economy and what can be necessary to start a business in that country, laws change (as does, apparently, the data :)), so verify verify verify with a knowledgeable attorney in your area.
 
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zddoodah

Active Member
What would be the first steps you actually want to take to start an LLC as a foreigner?
Being a "foreigner" is no different than if you're a citizen or resident. Specifics depend on the state where you want to organize the LLC, and it might be wise to retain the services of a local attorney. That said, creating a corporation or LLC can be a DIY project, so there are lots of internet-based resources available. I'd suggest googling something like "organize [name of state] llc."
 

quincy

Senior Member
The link I provided earlier demonstrates nicely why it can be important for a citizen of a foreign country to have a legal professional knowledgeable about U.S. state and federal laws assisting this foreign citizen with the formation of the business.

This legal assistance can be especially important for someone like NoobForLaw who has already run afoul of data handling and protection laws.

Here, by the way, is some information that might be of interest to NoobForLaw on the risks he might face with his business operations in China. The information comes from the UK, and we don’t know where exactly NoobForLaw lives, but the risks are ones he should be aware of.

https://www.gov.uk/government/publications/overseas-business-risk-china/overseas-business-risk-china
 
I would perform a google search, something like: "foreigner starting llc in usa". I would start reading guides and look for forums. I would use what I read as a starting point, not the be all end all.

If you read enough, you might have a better idea of what to look for in legal help.



You will definitely want to consult with an attorney, due to this past issue.

I find your attitude worrisome: data handling and protection are not unimportant issues.



Look at the statistics for who ends up in prison and why. Half of the people in federal prison have drug related convictions. So, if illegal drugs are not part of your business model, and you yourself stay away from illegal drugs, that should reduce some of your risk.

The type of crime you are worried about potentially committing is called "white collar crime". Less than 6% of arrests are for white collar crimes. Only 3% of prosecutions at the federal level are for white collar crime. However, your actual risk may be higher due to your immature attitude. There is no "WE" - you are not a US citizen.

Go to China. Engage some slave labor - bonus points if they're "political" prisoners. And branch out to North Korea.

WE are not bitter. WE just are unimpressed by you. I know: "Inconceivable!" But true.
Besides saying very biased things about China, your response was actually very insightful and helpful. Thank you, I appreciate it a lot.
 
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