I am Brazilian. Can I open a LLC?

[Grego]

I've been wondering if I, being Brazilian, and living in Brazil, am allowed to open an LLC in the US to regulate an international operating muse. :confused:

Does anybody know the answer, or how I can quickly find out how this could work out?

Cheers.
Grego

[chris.wright.martell]

I'm not sure if you can (probably not, in fact), but I'm also not sure if you would WANT to.

When I first opened my (physical) business, I operated as an LLC. Then I met with a friend who was also a lawyer to go over business stuff, and he discouraged the LLC route.

An LLC is typically considered a way of protecting assets or liability. It came about as a way of owning real estate without having your name on it (almost like a DBA for an asset).

However, the LLC is regulated by each state individually, and each state is going to have very different case law as the LLC is tested. In my home state, there is virtually NO case law demonstrating what an LLC will and will not protect. So I was paying the LLC fee (yearly $250 at the time) for protection that it may or may not have offered.

My lawyer's advice was to spend that money on the best insurance I could find (to protect against liability), and that's what I did.

I am in NO way qualified to tell you what is possible if you are not from the USA...I'm not sure if our structures can extend to international citizens abroad.

~Chris

[TimW]

There are companies owned by foreigners all over the place in the United States. However, they also have a presence here (read: Office/workers). Whether there are any who are merely registered here, I can't say.

But the real question is why would you want to?

[Grego]

Chris and Tim. Thank you for your quick replies.

First question you probably have is why would I run a muse in the US, not Brazil. The simple answer is: structure. As I see it, and as 4HWW depicted, the US abounds in options for automating businesses, so I would be able to outsource everything — from virtual receptionists, to fulfillment, to order taking, to shipment. Setup also seems pretty straightforward.

On the other hand, I know of none of those services here in Brazil. Moreover, there are some annoying law restrictions (eg: product must be always be shipped with the receipt, which makes it difficult to separate packaging and delivery from order-taking).

Another reason: bigger markets.

So, that's why.

That explained, second question is why an LLC?

Well, yes, to protect me against liabilities, but also to regulate the activities of the muse. I'd be selling stuff on the net, so I'd need to declare the income, right?

---

Perhaps I could rephrase my question as such: if I am to create an international muse that generates revenues from purchases from different countries:

a) How do I make it a formal business? Which law applies?
b) Same question as above, including the restriction that product would be physical (not web-generated info) and produced, handled and shipped from the US?

Thanks a lot!

[Velgud]

I'm not sure if you can create a US LLC as a Brazilian, I'm from UK so have little knowledge on that.


But I do know that if you register an LLC in Nevada state, you can register it anonymously which is the only state in the US where this is allowed. :cool:

[Omega]

Hi,
You can register your company in the US, however there are important things that you must consider before doing that.
First, and most important, if you live in Brazil, are you planning in moving to the US for that? To register your company you will have to be phisically present at the place where you will register.
You don't know the law in the US, if you have any legal problem you won't be able to solve yourself, and will have to spend alot of money on lawyers who you've never met personally, or spend huge amounts of money travelling back and forth. Assuming that you will operate from Brazil.
You are also going to have alot of trouble with your bank account and with Brazilian tax.

Personally I'd recomend that you stay away from that option unless you plan on living in the US.

The only problem that I know with opening your business in Brazil is the beurocracy and the huge tax, and one can be overcome with a little patiente.

[TimW]

Chris and Tim. Thank you for your quick replies.

First question you probably have is why would I run a muse in the US, not Brazil. The simple answer is: structure. As I see it, and as 4HWW depicted, the US abounds in options for automating businesses, so I would be able to outsource everything — from virtual receptionists, to fulfillment, to order taking, to shipment. Setup also seems pretty straightforward.

On the other hand, I know of none of those services here in Brazil. Moreover, there are some annoying law restrictions (eg: product must be always be shipped with the receipt, which makes it difficult to separate packaging and delivery from order-taking).

Another reason: bigger markets.

So, that's why.

That explained, second question is why an LLC?

Well, yes, to protect me against liabilities, but also to regulate the activities of the muse. I'd be selling stuff on the net, so I'd need to declare the income, right?

---

Perhaps I could rephrase my question as such: if I am to create an international muse that generates revenues from purchases from different countries:

a) How do I make it a formal business? Which law applies?
b) Same question as above, including the restriction that product would be physical (not web-generated info) and produced, handled and shipped from the US?

Thanks a lot!

Law of your country applies, as far as I know. As for purchasing/shipping products from the US, your issues would be the same even if you have a US-based company...the payments, etc., would come from Brasil. What you need to figure out is how the US company is going to get their money, and if they will drop-ship for you. If they will drop-ship, then setting up an wire-transfer account or using credit cards can deal with the payment.

I buy stuff from Israel, and I just wire them money. I've sold stuff to South America and Asia, and have received wire transfers. Easy day.

[kamakiri]

You need to take a step back and smell the coffee. Brazil has a huge economy. You mentioned that they have none of the services available in the US. That just isn't the case. Working on and setting up a company from abroad is an exercise in futility, and a waste of time.

Some of the points you make, like separating packaging and delivery and order taking...ahhh, they go hand in hand. I would never order from a company that didn't include the receipt with the product. Common sense here dude.

Virtual receptionists are expensive as hell in the US. Order taking is an automated online service you have on your web site. Nothing US centric there at all.

I can assure you that the non-tariff barriers to entry are huge. Issues with money transfers will be unending. Pre-9/11, possibly, but not today. You can't make an international transfer from Wells Fargo unless you are physically in the bank.

Look in your own back yard before you go trying to complicate things.