A foreign citizen can start a business in the United States of America and, more specifically, in Texas, even if he or she does not have a green card. That is one of the advantages of doing business in Texas. Texas Constitution Sec. 3a. states that "Equality before the law shall not be denied or abridged on account of sex, race, color, creed, or national origin. This amendment is operative by itself." Once you come to the United States to do business and engage in the exchange of goods, your corporation will be a U.S. entity and you, as the owner, will also have protections under the law.
The first thing is to understand what you are getting into. Educate yourself! By now, many, if not all, countries in this world have caught on to the idea of a fictitious person who can have rights and obligations as a private citizen. However, in the U.S., things may work differently than in your country. In practice, incorporating a company in Texas can radically differ from what you are used to. For example, in Mexico and much of Latin America, a Notary Public will be the authority that will incorporate your company. However, in the United States, you incorporate. The value our firm will provide you is understanding and comparing how a Texas corporation works versus a corporation in your country. Generally, however, you start by filing a Certificate of Formation with the Texas Secretary of State, the authority in charge of regulating the state's official recognition of your corporation, and the following rules. Next, you must have a corporation binder with all the necessary and required documents to comply with the formalities of the Texas Business Corporation Code. These documents include minutes, articles of incorporation in the case of LLCs, bylaws in the case of corporations, and a power of attorney for registered agent purposes, among others.
Sure! In which state are you located? Through our sister firms, our firm has a significant presence in the State of Nuevo Leon, and Mexico City. We hope that you will seek our advice before doing business in Mexico so that we can provide you with the necessary tools to be able to defend or pursue a case with better documentation and collateral, such as real estate collateral. However, if you are already in a situation where you need to sue a company in Mexico, call me to discuss how we can help you.
I am a Latin American businessman importing from the United States. A supplier did not send me the components for my machine. I have tried to get it, and they are playing hardball. Can you help me?
Of course! As long as your suppliers do business or have an office in Texas. Also, sometimes contracts have a clause that mandates which jurisdiction controls. That is, the contract may say that any dispute arising from the contract will be brought in a particular state other than Texas. Also, some other contracts may say that litigation is not favored, and the contract may force you to go to arbitration. Either way, the answer is YES! We can help you, and frankly, you should help yourself and do everything you can to establish legal action against anyone who has betrayed or taken advantage of you.