Legal Question in Business Law in New York

Want to move my business to NY, without going to US

We have a web based business (no physical existence), which provides both online and classroom, educational and certification services. We now want to move the company to USA (New York).

We want to:

1) Register the trademark.

2) Register the company.

Now I have a few questions regarding what I want to do.

1) Do I (the owner of business) have to be in USA to register my company.

2) What do I need to register the trademark?

3) What do I need to register my company in USA as a proper tax paying company

4) Do I need to register my company with Department of Education?( though we only deal in 1 to 6 months diplomas or certificates NOT DEGREES)

5) How can I pay the taxes while staying out of the country

6) Can I employ employees in New York? Would I need an EIN?

Last but not the least, I need a lawyer who can help me do this stuff and would like to receive offers with price quotes


Asked on 2/07/01, 12:09 pm

4 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Want to move my business to NY, without going to US

I can set you up here in New York. For what you need done, I can quote you a fee of $3000.

You can e-mail me directly for further info.

JLS

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Answered on 3/20/01, 12:17 pm
Robert Beatson, II Law Offices of Robert Beatson, II

Re: Want to move my business to NY, without going to US

I am responding to your posting re: business formation/tax/intellectual property issues. You should work with experienced tax/business law/intellectual property counsel to carefully work through and resolve these issues. If I can be of any help, contact me as I would be pleased to provide legal/tax support.

Sincerely,

Bob Beatson, 3-20-2001, 11:25 a.m. EST

Law Offices of Robert Beatson, II

9818 Glynshire Way

Potomac, MD 20854

Tel/Fax 301-340-2951

email: [email protected]

website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills.

Licensed to practice law in: DC, MD, VA, and NY.

This communication contains data that is legally privileged and confidential. If you are not the intended recipient, please note that any copying, dissemination, or distribution of this communication is strictly prohibited. If you receive this message in error you should notify the sender immediately by return e-mail and then delete it from your computer and all storage media. Thank you.

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Answered on 3/21/01, 9:31 am
Norman Nadel Norman Nadel, Esq.

Re: Want to move my business to NY, without going to US

You can form a business entity, such as a corporation, in New York without being physically present in the state. A lawyer generally handles the formation of the corporation, but you and your team will own all of the stock in the corporation.

1. No.

2. A mark that does not infringe on an existing mark and is not in the public domain.

3. Every business corporation is subject to the payment of income tax in the United States and in New York.

4. Yes.

5. Checks can be signed outside of the country (but you do need money in the bank). The bank account can be maintained out of the United States. We are very flexible in corporate ownership and management.

6. The corporation can hire employess and yes you need an Employer Identification Number (the EIN) from the Internal Revenue Service.

E-mail me or call me at 212-532-2786.

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Answered on 3/20/01, 9:03 am
Michael Markowitz Michael A. Markowitz, PC

Re: Want to move my business to NY, without going to US

Question 1) Do I (the owner of business) have to be in USA to register my company.

Answer 1) No.

Question 2) What do I need to register the trademark?

Answer 2) Normally, there must be a search. I use a company known as Servico to search and register Trademarks. You can receive information as to their services at www.Servico.com.

Question 3) What do I need to register my company in USA as a proper tax paying company

Answer 3) A Federal Tax Identification Number.

Question 4) Do I need to register my company with Department of Education?( though we only deal in 1 to 6 months diplomas or certificates NOT DEGREES)

Answer 4) I do not know. However, a quick call to New York State Dept'. of Education will probably answer the question.

Question 5) How can I pay the taxes while staying out of the country

Answer 5) I do not understand the question. Do you not want to pay taxes or do you have a question as to the procedure. In either case, I believe a qualified accountant is best able to answer your question.

Question 6) Can I employ employees in New York?

Answer 6) Yes.

Question 7) Last but not the least, I need a lawyer who can help me do this stuff and would like to receive offers with price quotes

Answer 7) I do not give price quotes using this form of communication. If you want, you can email me at [email protected] or telephone at 516-295-9061.

Mike.

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Answered on 3/20/01, 9:07 am


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