The Italian Company and the US Market

The American market offers a variety of possibilities ‘ benefits and, for some numerarne, approximately 315 million people in more than 50 states, a national market Americano absolutely free, without barriers or tariffs between one state and another, legal and trader principles and common between states, a gdp three times higher than Italian and, above all, economic growth estimated at 4% of gdp.

In everything, we add the currency factor, that the difference Euro / Dollar, which allows the company Italian start activity production on the territory at a low cost.

Finally, we must consider the advantages offered by the American tax system, where the tax rates on taxable real has most certainly ‘ low compared to the Italian system.

How to get into the American Market, Market Research and Business and Financial Plan

To enter the American market, the first thing you need to do and market research on the feasibility ‘ of a transaction and the market situation. Once developed, analyzed and completed that quest, you have to prepare a business and financial plan ( bfp ). The preparation of the bfp should be entrusted, so ‘as market research, to companies specialist residing in the territory, or, even better, to individuals – in terms of cost reduction – with specific skills professional in the specific field of search.

Company Constitution

Constitution of the Society

Once you have made the requirements above, you must perform a series of activities ‘ necessary legal and / or legal advice. First, you need to contact a lawyer for the opening of a society. The choice of the type of society ‘ depends on the size of the business that you want to play. Normally, for the first two years, it is recommended that an LLC or a company type Srl, but with far superior advantages. The LLC, in fact, offers major advantages of a fiscal nature and a certain flexibility with regard to the establishment and operation. To form an LLC, and must deposit with the Secretary of State, Division of Corporations, an Article of Organization, similar to our articles of incorporation. Later, you have to sign an Operating Agreement, the content and similar to a statute of a society capital

Italian. The process of creation is completed by the request for publication of a notice of formation of the LLC in two newspapers designated by the County Clerk for about 6 weeks. Note that the actual constitution of society LLC may ‘ also be done in 24 hours; the requirement of publication mentioned above and ‘ expected if the company wants to undertake, for any reason, a legal action against a third party.

Distribution Agreements

As I said, once you do the market research and have prepared a business plan, either via the company, you can also simply search and distributors Americans – in relation to the sector to which they belong – and enter into contracts with the same distribution. In this regard, care must be taken both in the paragraph below, authorization, and trademarks, is the discourse of “payments and solvency.” In the distribution contract we shall insert clauses aimed at safeguarding the payment of the goods supplied and representation relating to the solvency’of the distributor.

Permissions Request and Registration Mark

Once formed the company , and necessary to involve the various authorities’ competent in order to obtain the permits required by law in order to deliver the service / trade required. It should be noted that in the USA there may be two levels of permissions, the federal level and the state level. Both authorizations where required by law, must be duly requested. One example of this can ‘ is trapped, the Food and Drug Administration, the authorities Federal, which controls and manages the food, tobacco products, medical prescriptions and medical or substances not subject to medical prescription.

At the same time analyzes and required authorizations described above, and necessary to proceed with the registration of the trademark. The competent office and USPTO, and the procedure and ‘ pretty simple. The filing of the application for registration of the trade mark can ‘be done online, and the recording times will vary until it reaches 6 months. From a purely legal point of view, it is worth mentioning the so-called theory of priuos use of the mark / hallmark in business. In this case, the company holder of the prior use of the distinctive sign will have’ a right cd quote on registration and ownership of the brand.

Immigration

Once the company has been set, registered trademark, and obtained the permits required by law, will be necessary to identify the category of visa that may need request to USCIS in order to legalize the establishment of an employee in the American territory.

There are roads visa categories, and each category provides for different requirements. In the particular case of an Italian entrepreneur who wants to sponsor an employee for a visa, the categories used are: E, H, L. Of course, being a company – the American one – a subsidiary of a company ‘ Italian, the L category visas are more’ difficult (intra -company transferee of employee ), but those that provide more benefits( total duration of about 5-7 years old).

It should be mentioned that ‘ available a service through which the petitioner can’ pay a premium of about $ 1,000 and obtain visa approval in about 14 days ( in reality ‘, it is about 30 days for the approval of this seen).
The visa application process involves the deposit with the authorities’ Americana ( USCIS ) of a module FORM I- 129 with supplement, with its documentation proving the existence of the requirements for the issuance of the visa, which, if approved, is sent to the beneficiary of the visa application and to its beneficiaries, namely the American Consulate where he resides.

The beneficiary must go to the American Consulate (by appointment ), an interview, fill out and submit additional forms and, once defined positively this procedure, will have’ visa affixed to the passport.

Contracts of Employment

The American labor market has some fairly peculiar characteristics in terms of dynamism ‘. First, the regulation allows temporary hires, hourly, daily, or on an ongoing basis and, the corresponding input of the worker occurs, the most ‘ of the time, through private agencies specializing in the research of the worker and his placement with employers.

We must comply with certain formalities before hiring a provider of labor employed person: you must verify that the person in question is enabled to work (have, if not resident in the USA, and not an American citizen, the government approvals required for the job (EAC or visa occupational, or other). the form that the worker must fill must be kept by the employer at its registered office and made available for inspection by immigration.
Subsequently, the worker must fill in a form on the basis of which the following will apply ‘ to the employee any deductions at source from pay – withholding tax – at the IRS.

Contracts and Unit Rent Office Operational

The rent of a room in which to establish the headquarters / factory operating a company ‘ provides for the signing of a lease for commercial property. These contracts have a duration of about 3 years and require the payment of a deposit equal to about 2-3 MONTHS (talvota are required about 6 months as well as a personal guarantee) plus of course the first month. They are not required formalities ‘ notary for the signing of these contracts, however, it should be noted that the landlord (lessor), since the companies ‘ new and without the cd credit history (a history of the credit / debit of the company in the USA) may request the provision of collateral before signing the lease / rental units’ commercial.

In terms of the resolution of commercial lease, special attention should be paid to the clauses relating to the rights of the landlord / tenant, respectively, to solve and resciendere that contract.

DISCLAIMER

This document was drafted in 2010 by the Law Firm Tosolini, Lamura, Rasile & Toniutti LLP, based in New York and Rome and a subsidiary office in Milan. This document and its contents are the exclusive property of Tosolini, Lamura, Rasile & Toniutti LLP, and can not’ be reproduced or copied in any form or manner.

This document does not constitute legal advice. The information contained herein may be incomplete and / or inaccurate. This document is purely informative nature and is ‘ subject to the laws of the State of New York. If, in the course of this document, there are indications related to results obtained with other customers, these results depend on the circumstances of each customer, therefore, results previously obtained can not be guaranteed. This document and ‘ representable as advertising for lawyers (attorney advertising).

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