Establishing a Business in the U.S.

Although the United States is generally considered a business-friendly jurisdiction, it is also a highly-regulated society. The United States has a three-tiered system of regulation, with statutes and regulations existing at the federal, state and local levels. In addition, certain industries may be subject to industry-specific requirements that will need to be considered. The myriad laws and regulations at each level can result in unintended and adverse operational and financial consequences. However, with careful planning prior to commencing business in the United States, many of these hurdles can be overcome or avoided altogether.

The following is a general overview of certain key issues for non-U.S. businesses to consider prior to entering the U.S. marketplace through the formation of a legal entity, a joint venture or an acquisition transaction. It is not intended to be an exhaustive list of the legal requirements to which non-U.S. businesses may be subject, nor does it attempt to provide a comprehensive discussion of each law or issue addressed. Non-U.S. businesses should seek the advice of qualified legal, tax and financial advisors prior to launching U.S. operations or entering into any transaction structured to gain access to the U.S. marketplace.

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