Jonathan R. Roth's answer More information is needed to give you more detailed advice, but you have two basic options, revive the DE entity and sell the business or document the transfer of the business to the LLC and have it sell the business. The devil will be in the details. I would recommend you sell the assets of the business as opposed to the entity if you use the DE entity and liquidate it for capital gains purposes. Depending on the facts, there may be more options. I would contact a business attorney to...
Adam Studnicki's answer It depends what your goals are. The franchise taxes in DE can be expensive. WY may be an option to consider as well. A business lawyer can advise based on your specific circumstances.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
Adam Studnicki's answer In some situations, this may be possible. Best to consult with a lawyer about your specific situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Charles Snyderman's answer You should be able to open a bank account in the U.S. without actually coming to the U.S. You say you do not have an ITIN. Why not? It is not difficult to obtain. You will need that so the bank can identify you. The IRS website has instructions for obtaining an ITIN.
Charles Snyderman's answer Yes, you can form an LLC. You should have an operating agreement prepared by an attorney. This agreement will protect both of you down the road in the event of disagreements, and if one of you chooses to leave and you do not agree on the value of his ownership interest, the agreement will state how that value should be calculated. The agreement also provides for what happens if one of you should die. For example, would you want to have your partner's spouse as your new Partner?
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