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
2 Answers from Attorneys
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
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.
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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