We Help You Get
Started in the USA
If you're an international startup seeking to expand your business to the US we understand that the process can be challenging. We provide comprehensive legal solutions to help clients navigate the complexities of setting up a company in the US.
Our services include company formation, structuring, fundraising advice, employment and intellectual property protection. We are committed to guiding you through every step of the process and be your partner in success.
Opening a Company in the U.S.A:
What You Need to Know
Expanding your startup into the U.S. market presents numerous opportunities for growth, investment, and innovation. However, the complexities of U.S. business laws, regulations, and market dynamics can pose significant challenges.
Working with a U.S. startup attorney is essential to ensure a smooth and successful transition. Here’s what you need to know about bringing your foreign startup to the U.S. and why legal assistance is crucial.
Understanding the U.S. Market
The United States, and Silicon Valley in particular, is renowned for its vibrant startup ecosystem, offering access to a diverse consumer base in the millions, a robust venture capital network, advanced infrastructure and friendly business climate.
We work with international startups and foreign businesses open a U.S. company, typically a Delaware corporation, and make the entire process simple for you.
Legal Structure and Incorporation: Choosing the right legal structure (e.g., C-
Corporation, LLC) and incorporating in a business-friendly state like Delaware can impact your tax
obligations, investor appeal, and operational flexibility. If opening a U.S. entity, Delaware is the preferred choice due to their business courts and familiarity in doing business with Delaware startups from potential investors looking to fund you.
For those wondering, yes you can open a U.S. corporation or LLC being a foreign individual or existing company. We help clients as their partner from formation to funding and beyond. We will be with you every step of the way to help you in your expansion and protecting your interests as you grow.
Intellectual Property Protection: Safeguarding your innovations and protecting your brand is essential as you expand into the Untied States. Trademark registrations are a necessary way to ensure you are able to use your mark in commerce in the U.S. and allow you to grow nationwide with your mark. International trademarks will also be an ideal option for your brand if you are operating in multiple countries. We can assist in protecting your mark through registrations in several countries at once.
Employment, Contractors, Tax and HR: Navigating federal and state employment laws, including contractors and freelancers, is essential to building and managing your U.S. team. We can provide you with the legal agreements you need including NDAs, employment agreements, executive term sheets and independent contractor agreements. As you grow your team through employment or independent contractors, we are also happy to make introductions to partners in accounting, payroll and HR.
Compliance and Regulatory Requirements: Ensuring compliance with industry-specific regulations, data privacy laws (such as GDPR and CCPA), and other federal and state requirements is vital to avoid legal pitfalls. We can research your specific needs and guide you on the best approach as enter the U.S. market.
The Delaware Flip
International companies perform a Delaware (DE) flip to restructure by creating a new parent corporation incorporated in the state of Delaware, primarily for U.S. expansion and investment purposes. Since the United States has the largest number of venture capitalists, establishing a U.S. company opens the door to a substantially larger pool of investors and opportunities. In this process, the original company becomes a subsidiary of the new Delaware entity, effectively “flipping” the corporate structure. Shareholders of the original company exchange their shares on a one-to-one basis for shares in the new Delaware corporation, with the original company remaining as a subsidiary.
Delaware is the preferred state for incorporation due to its favorable business laws and established Court of Chancery, which offers a well-developed body of corporate law and efficient resolution of corporate disputes. Being based in Delaware can make it easier to attract investment from U.S. venture capital firms, access U.S. capital markets, and facilitate potential mergers and acquisitions due to the state’s robust legal framework and reputation as the incorporation hub for many U.S. companies.
Wilmington, Delaware