Legal Question in Business Law in California

I am a US citizen with a registered LLC in CA, (LLC1). I have a Private Limited Company in India (PVT1). I am a majority stakeholder in both companies. LLC1 plans to license it's technology to PVT1. PVT1 will manufacture this technology and provide a service in India. We currently have Indian investors ready to invest (seed > 100k). We expect to raise series A from international investors once we are ready to scale ~1yr. What is the best US company structure for this, LLC, SCorp, CCorp? What are the tax implications for such an arrangement? Any additional advice will also be greatly appreciated. Thanks!


Asked on 8/20/14, 12:17 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

I am probably stating the obvious here when I say that these are the kind of queries you consult with legal counsel about in private and that there is no one-size-fits-all kind of formula. It greatly depends and any smart lawyer will have way more questions than answers at this point.

I will say that if any of the shareholders you intend will be non-US residents an S-Corp is out of the question.

There is way around it, you will have to engage counsel to advice on and set up the entity along with all the supporting documentation especially if you expect people to invest in the venture.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 8/20/14, 5:40 am

Mr. Natoli is correct. This is not something you get answered on the internet for free. This is something you get direct, in-person help with from an attorney licensed in your jurisdiction. I do not do the specific sort of work that you require, but I have an affiliation with an excellent Silicon Valley firm that does just exactly the kind of counseling and entity formation you need. If you would like a referral, let me know.

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Answered on 8/20/14, 9:03 am


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