How to Incorporate a Business In The U.S. From Abroad as a Foreigner

As business has become more and more global, one question that we commonly encounter is whether a non-US citizen or resident can form, own and operate a business entity in the United States.

In general, one does not need to be a US citizen or resident to form, own or operate an LLC or a corporation. This general rule, however, does not apply to S corporations which require that each shareholder must be a US resident or citizen.

To dive a bit deeper, here are a few things that one should be aware of and consider as a foreigner:

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Business Nuts and Bolts For Restaurants, Bars and Cafes

Owning a business, particularly a bar or restaurant, is a big commitment and requires organization and attention to detail, as there are a lot of responsibilities to handle simultaneously. As you set up your business, you will need to make sure that you have all the necessary licenses, permits and certificates to meet the legal requirements. You will also need to keep a calendar, spreadsheet or some other reminder system to make sure the renewals are handled on time to avoid interruptions in business. The following are the nuts and bolts that you will need to put in place before you begin operating. Many of these licenses, permits, and certificates are further explained throughout this article.

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Three Things to Know When Hiring Independent Contractors

Many businesses regularly engage independent contractors when they need services performed without even realizing it. Common examples include consultants, outside developers or a marketing agency. While there are numerous benefits associated with hiring an independent contractor vs. hiring an employee to accomplish the same objective, many businesses do not realize some of the implications of hiring an independent contractor.

Here are three considerations you should be aware of the next time you consider hiring an independent contractor:

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9 Contract Tips for Outsourcing Website or Mobile Application Development

If you are developing a mobile application or website for your business, you may be considering outsourcing design and development to a contractor or an agency.

Depending on your situation, you may consider outsourcing because you do not have the expertise or the right team to develop your website or mobile application in house or you just want to keep cost low by outsourcing these functions for a one-time fee as opposed to having to hire someone for cash or equity.

Regardless of why you may choose to outsource and regardless of whether you outsource all or part of the design and development work, you should have a clear contract with whomever you outsource to. Having a contract in place will help ensure that the contractor or agency delivers the agreed upon work product and that all of the designs and code become assets of your business.

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Investments In Trade Secret and Trade Dress Protection Can Pay Off Big

Magnolia Bakery opened its first store in Greenwich Village, New York over 15 years ago. It is known for its cupcakes. The bakery believes its cupcakes are distinguishable and highly valued because of their “unique, distinctive, and immediately recognizable look — the ‘Magnolia Signature Swirl’ icing topping” (quote from its lawsuit Complaint). Magnolia maintains its cupcake recipes as trade secrets, including the Signature Swirl, which it claims has become well recognized and associated with the Magnolia brand name. Magnolia said it takes anywhere from 8 to 40 hours of training to perfect the Signature Swirl icing technique.

Keep reading to learn how Magnolia was able to protect this secret and maintain its market share…

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Successful Arguments For Restaurants & Bars Seeking Zoning Variances

Many restaurant owners find themselves needing to apply to the Town or City for a variance from a zoning law or code provision. For example, a local zoning code may restrict the installation of a sign or require setbacks that are not practical given the geography and layout of the parcel and its structures. A restaurant owner wanting to install a sign would then need to seek a variance, which would make him exempt from the code and allow him post the sign.

What is zoning?

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Top 10 Influencers Every Entrepreneur Should Know In 2017

Being an entrepreneur is probably one of the most rewarding experiences any person can undertake. It is also one of the most challenging – and that’s coming from an attorney (turned entrepreneur) who regularly pulled all-nighters, and even stayed up for 52 hours straight working on a deal.

Creating value is a difficult process, and at times, can seem like a daunting and lonely process. For this reason, we have created a list of the top 10 influencers (in no particular order) we pay close attention to. These influencers provide everything from motivation to insights and tips related to product, growth and marketing and everything in between.

Here’s our rundown:

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Your Trademark: Is it Protectable?

Your trademarks identify your business. They are your brand. In a way, they are your business. In order to protect your business’s trademarks, you want to ensure that the marks that you are choosing are the type that can be protected.

Not all marks are alike when it comes to the ability to federally register a trademark with the United States Patent and Trademark Office (USPTO). There is actually a defined range of protect-ability that has developed through federal case law, ranging from the un-protectable to the highly protectable.

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