Legal Question in Business Law in New York

I represent a company our of Hong Kong

They use our USA Address on their retail package on items sold here in the USA

Does this constitute them as a USA company


Asked on 11/28/16, 9:56 am

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

I don't know what that means? Why would you let some other company use your business address? Just because they use your address does not make them a qualified US entity. They would have to file a foreign registration for that.

If this is a serious matter, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

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 11/28/16, 10:42 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Likely it does not make them a US company, per say, however the question does arise whether they should register as a foreign entity in the US in the state belonging to your address and/or in states from which retail packages are dispatched and whether any of the sales are subject to sales tax and/or income tax in the US.

As their rep, and since the entity is not registered and therefore there is no limited liability, you may be personally on the hook. Because of this, I would highly recommend that you / them seek a consultation with a startup attorney to mitigate any potential problems.

Contact me directly

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 11/28/16, 10:55 am


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