Legal Question in Business Law in California

incorporating as a resident alien

I am in a general partnership now, and my partner is being sued by a landlord. My question is can I get incorporated even if I am not a citizen yet. I am permanent resident. If not what can I do to protect myself, my personal assets from his mistakes.


Asked on 2/16/06, 12:04 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: incorporating as a resident alien

Luckily for you, corporations are available without regard to citizenship. If interested, contact me to discuss your problem and solutions.

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Answered on 2/16/06, 1:42 pm
Cynthia Beckwith Law Offices of Cynthia Beckwith

Re: incorporating as a resident alien

It's not quite clear from your question how the landlord could reach your assets by suing your partner, unless the landlord is suing the partnership (for example, for breach of a tenancy agreement or for damages to the premises) and the assets you are talking about are partnership assets, not your own individual assets. However, to answer your questions, a resident alien can incorporate. Assuming you truly have a partnership (some people use the term loosely), in order to protect whatever assets you have in the partnership, you will want to take steps to formally dissolve and wind down the affairs of the partnership, and at the same time, you could form a separate corporation. Any good corporate attorney can help you. Feel free to contact me and I can refer you to someone in your geographic area.

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Answered on 2/16/06, 12:31 am


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