• July 2018
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What should you watch out when you incorporate in Delaware but operate overseas?

Great question as many entrepreneurs forget about the “extra stuff” they have to do after filing the incorporation papers. That’s why it’s smart to hire an attorney from day one, so that you don’t have to worry and be tied down with administrative annoyances; this is especially true if you are operating overseas. Even if you didn’t hire an attorney when you first launched, you should probably hire one now. It’s risky to be doing business overseas while incorporated in Delaware without a lawyer to represent you in the US. The earlier you hire an attorney the better because familiarity between a startup attorney and the business s/he represents is key.

I’m also going to assume you are not a US citizen. Some general tips (considering Chris Harvey artfully took care of the specifics) are to make sure you are complying with Delaware’s Annual Report and franchise tax, to obtain an Individual Taxpayer Identification Number (ITIN), and to ensure you violating any American laws by participating in your company (as there are restrictions for non-US citizens in corporations). Another concern should be to protect your intellectual property (IP) in the US and abroad. A US patent or trademark will do very little in terms of protection abroad (or vice versa) so speaking to a skilled IP attorney can help you determine your options moving forward.

Feel free to check out LawTrades for your company’s legal needs as the business attorneys on our site have worked with countless Delaware companies doing business overseas. We offer bundled flat-fee incorporation packages and free consultations and price quotes.

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