Is the US the right market to establish and grow your presence?

When you are looking at entering the US market or expanding your business’ reach in the US, there are many questions to consider; it’s a vast market. Initial factors to consider in determining whether setting up a US business include:Liability protection, tax and market profile.Level of dealings in the US, current and projected. Target market or customer base in the US.The business’ need for “boots on the ground” in the US. See Building a US Sales TeamNeed for marketing, supply chain and other support services in the US.Plans for investment from the US.

Where should we form our US entity?

Delaware is the most common choice but there may be other appropriate options.Factors include future capital raising and geographical reach of business.

Do we recruit locally or transfer staff?

There are lots of things to take into consideration when hiring staff:Employment laws in the US differ quite significantly from the UK; good legal advice is crucialEmployment is generally at-will with no or limited notice requirementsEmployees are classified as “exempt” or “non-exempt” classification, which has implications for overtime payments and complianceState laws differ, so be aware when recruiting and employingEmployers must verify that their employees are authorised to work in the USIf it is intended that UK employees will work in the US, visas will be required

How do we protect our intellectual property?

Consider registering a US trademark and copyrights; file for patents and make sure to protect your intellectual property.Beware of “oversharing” – enter into Non-Disclosure/Confidentiality Agreements and consider your approach to due diligence, including the information shared and timing of release of information.

What licenses do we need?

Local business licenses are often required, some specific to the particular industry.

How do we protect the business?

Consider limited liability protection such as creating a separate entity (see more on this below) Federal, state and local laws and industry-specific regulations leads to multi-level compliance requirements, so legal advice is keyObtain insurance for US operationsLocalize sales, distribution, license and consultancy agreements to comply with US lawTake advice on accounting, tax and transfer pricing issues

USA Expansion Lawyers UK Edinburgh, London, UK

MBM Commercial has a highly experienced team of US qualified lawyers on the ground in the UK who can provide you and your business with tailored solutions that pave the way for success in the dynamic US market. We provide expert guidance in US Corporate Law, Employment, Immigration and Contracts.

Your Gateway to US Corporate Success

The US offers great opportunities for businesses; it is a large, diverse market and expansion there has been the catalyst for many business successes. On the other hand, the US is also a rigid, highly regulated and litigious environment. Discover how partnering with us is your strategic advantage in corporate endeavours.

Local Expertise, Global Impact

A local touch with a global reach—navigating the intricate landscape of US Corporate Law with precision.

Our team is well-versed in the insights into jurisdictional nuances that set your business on a path to global impact. While the business and legal words are broadly similar to the UK, there are many important differences and potential pitfalls. In addition to the US corporate advice, we also provide US Contract, US employment law and US immigration advice for UK businesses.

One of the factors which contributes to the highly regulated environment is that US law is made at several levels, principally at federal and state levels, but also at local city and county levels – municipalities may have their own sets of rules and regulations applicable to particular local areas and issues. Each of the 50 US states has its own law and, while uniform laws have been adopted by many states, each state’s law is distinct. While the business set-up process is similar for US residents and non-residents, there are additional complications to be aware of. Given the complex regulatory regime and potential pitfalls, it is important to prepare and plan before entering the US market and to protect your business.

Navigating Expansion with Confidence

Strategic counsel tailored to your business goals for a successful market entry.
Insightful advice that goes beyond legalities, shaping your market entry strategy.
Elevate your market entry with a partner focused on your long-term success.

Confidence in every step: From incorporation to compliance, we've got you covered. Entering the US market is often achieved on a gradual basis, starting with increased sales to the US, perhaps a distribution arrangement with a US party before setting up shop there. Your journey to US success begins with a strategic legal advice that instils confidence.

Key Factors to Consider in your US Expansion plans

When you are looking at entering the US market or expanding your business’ reach in the US, there are many questions to consider; it’s a vast market. Initial factors to consider in determining whether setting up a US business include:

Liability protection, tax and market profile.
Level of dealings in the US, current and projected.
Target market or customer base in the US.
The business’ need for “boots on the ground” in the US. See Building a US Sales Team
Need for marketing, supply chain and other support services in the US.
Plans for investment from the US.

Factors include location of customer base; ease of recruiting qualified staff; costs of staff, property and utilities; tax, incentives; connectivity, infrastructure, quality of life and cost of living.

Delaware is the most common choice but there may be other appropriate options.
Factors include future capital raising and geographical reach of business.

There are lots of things to take into consideration when hiring staff:

Employment laws in the US differ quite significantly from the UK; good legal advice is crucial
Employment is generally at-will with no or limited notice requirements
Employees are classified as “exempt” or “non-exempt” classification, which has implications for overtime payments and compliance
State laws differ, so be aware when recruiting and employing
Employers must verify that their employees are authorised to work in the US
If it is intended that UK employees will work in the US, visas will be required

Consider registering a US trademark and copyrights; file for patents and make sure to protect your intellectual property.
Beware of “oversharing” – enter into Non-Disclosure/Confidentiality Agreements and consider your approach to due diligence, including the information shared and timing of release of information.

Local business licenses are often required, some specific to the particular industry.

Consider limited liability protection such as creating a separate entity (see more on this below)
Federal, state and local laws and industry-specific regulations leads to multi-level compliance requirements, so legal advice is key
Obtain insurance for US operations
Localize sales, distribution, license and consultancy agreements to comply with US law
Take advice on accounting, tax and transfer pricing issues

Our dual-qualified US lawyers in Edinburgh advise on:-

US Expansion
US Contracts
US Investment
US Mergers & Acquisitions
US Employment

The MBM team led by Tracey Ginn did a great job of advising us on the sale of our tech business to a large US corporate in our industry. The transaction was on US legal terms and having Tracey’s US legal expertise was a huge advantage. MBM worked hard, were knowledgeable and efficient and managed the different interests of our various investors well. The deal was closed in a short time frame and MBM stayed focused on delivering the closing on time. MBM were a pleasure to work with throughout the sale process.

Contact our US Solicitors in Edinburgh & London Today

If you are targeting an expansion to the US, our team will support you to navigate the process, mitigate the risks and help you to a successful conclusion.

CONTACT

Key Team members

Tracey Ginn

Partner

Corporate

Laura Donald

Director

Corporate

Alexander Lamley

Partner

Corporate

Michelle Bush

US Employment Attorney

Employment Law and HolisticHR