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  • Writer's pictureThomas Rosenberg

What Types of International Businesses and Investments Do You Assist Your Clients With?

RKF Global was founded to provide legal and related services to businesses, entrepreneurs and individuals participating in the global marketplace.  RKF is based in the US, and operates through established affiliate offices in numerous foreign jurisdictions.   RKF Global maintains a commitment to foster the development of a global mindset among the domestic and international business and investment communities.  To that end, we have developed a unique blend of legal and business knowledge, and employ it to assist domestic, international and multi-jurisdictional companies and entrepreneurs to establish enterprises and develop business throughout international markets and the world.

We represent clients ranging from small to large sized companies as well as individuals and entrepreneurs, in their international business pursuits.  In addition to assisting U.S. businesses with the sale and distribution of their products abroad and the protection and licensing of their intellectual property, our lawyers select and work with foreign counsel to assist in the establishment of overseas facilities and operations, including joint ventures with foreign partners.

We also represent many overseas clients in U.S. market activities and legal matters. Our attorneys help non-U.S. companies establish or purchase facilities and commence operations in the United States.  We also handle personnel, benefits, immigration, litigation, labor relations, distribution, intellectual property, and various aspects of counseling foreign clients in connection with their U.S. plans and operations.

Our International Business services generally fall into three broad categories:

  • Outbound (exporting goods and services from the U.S.)

  • Inbound (importing goods and services from outside the U.S.)

  • International/Cross Border Investments (multi-jurisdictional activities)

Outbound International Business.  Outbound business activities generally will involve U.S. businesses seeking to expand their sales, and discover and enter new markets.  This is commonly the export of goods and/or services, either by a manufacturer, producer, licensor, distributor or sales organization. As U.S. goods and services enjoy an extremely favorable image in the marketplace of most countries, there exists today - and for the foreseeable future - high market demand for innovative and competitively-priced U.S. goods and services.  Accordingly, many U.S. companies find foreign markets ready, willing and able to accept their products and services.

Outbound export of goods and components often entails establishing foreign sales and marketing, financing transactions, and foreign-based assembly or further manufacturing of the exported goods.   The outbound export of services entails U.S. companies assisting foreign companies, governments and/or individuals with the provision of technical or business advice and consulting or the use of intellectual property, generating consulting and/or licensing revenues in exchange for those services.

Outbound International Legal Services.  In support of outbound international business goals of the client, we provide the following outbound services and assistance:

  • Locating new markets for client products and services

  • Development and structuring of strategic business plans for international expansion

  • Establishment of new foreign entities, including foreign branch offices, and variations of corporations and/or partnerships, including joint ventures

  • Matchmaking as to foreign partners, projects and commercial opportunities

  • Ongoing legal support needed to maintain an international business operation

  • Selection and coordination with foreign legal counsel and business consultants to assist in establishing and managing overseas facilities, and operations

  • Development, distribution, protection and licensing of intellectual property

  • Compliance with foreign regulatory and legal requirements, including import and visa compliance in the foreign market

  • Compliance with U.S. regulatory export controls

  • Drafting and negotiating international trade and business agreements

  • Due Diligence as to foreign sales agents, distributors and foreign partners

  • Foreign Dispute Resolution (including mediation, arbitration and litigation)

In support of outbound transactions and business development, we typically assist clients in establishing business relationships, negotiating and consummating projects and transactions, including the documentation thereof. Typical documentation includes sales and business agreements, non-disclosure agreements, non-compete confidentiality agreements, letters of credit, banking, shipping and transit agreements, financial and payment documents, joint venture, marketing contracts and collaboration agreements.

Inbound International Business. RKF Global represents many overseas clients in entering and investing into the U.S. marketplace. The process of foreign companies or foreign investors seeking to do business inside the United States is generally termed “inbound” international business. In this regard, our attorneys routinely assist non-U.S. or foreign and investors clients in accomplishing the following:

  • Sell goods or services into the U.S.

  • Establish a business presence or offices in the U.S.

  • Invest in businesses, projects and/or financial investments in the U.S.

  • Purchase facilities and/or commence start-up operations in the United States

  • Obtain U.S. visas and immigration benefits

  • Obtain government tax, grant, financing and other incentives

  • Establish distribution and sales networks

  • Obtain U.S. regulatory approvals for products (e.g. FDA, EPA)

  • Development of business plans and strategic market plans and expansion plans

  • Government Strategies assistance with government, policy and political matters

As to established and ongoing business operations, we also assist foreign clients with:

  • Protection of the client’s capital investment (as to majority and minority equity positions)

  • Business organization and structure and corporate governance

  • Staffing and personnel benefits

  • Real estate transactions

  • Mergers and acquisitions

  • Immigration and nationality matters

  • Dispute resolution (including mediation, arbitration and litigation)

  • Labor relations

  • Construction and development

  • Government tenders and project bidding

  • Marketing and advertising

  • Sales and distribution agreements

  • Intellectual property development and protection

  • Industry and Government relationship building

As the U.S. is generally seen as hosting the most dynamic, consistent, and healthy business climate in the world, opportunities in the U.S. for competitive, innovative, and cost-effective products and services are plentiful. Over the years, we have assisted many clients in successfully establishing a longstanding presence in the U.S. through the placement of foreign direct investment, creating jobs and developing businesses such as technology start-ups, manufacturing facilities, project development companies, distribution businesses, and sales networks.

Multi-Jurisdictional and Cross-Border Business. RKF Global assists companies and investors interested in pursuing cross border investments, project development and/or joint venture participation in foreign markets. In many cases, companies and/or developers will seek to build an international consortium to construct or develop a project, or bid on a foreign government tender. RKF has successfully formed numerous consortia for these types of endeavors, utilizing and uniting companies from various parts of the world with specific expertise. RKF attorneys regularly work to advise and coordinate consortium partners, manage the activities of the consortium in conjunction with the developer, manage the government affairs scope of work on behalf of the consortium, as well as achieve regulatory compliance for these groups.

Foreign Business Regulatory Compliance. Foreign jurisdictions each maintain a body of laws and regulations which differ from those found in the client’s home market. Ascertaining, understanding and planning for such foreign rules is imperative to formulate a sound business expansion plan, gaining access to such markets for the client’s products, services, capital and personnel, and to achieve ongoing regulatory compliance. To this end, RKF assists clients in acquiring foreign market visas for personnel, investment and capital registration approvals, obtain business licenses and local residency permits, as well as obtaining and maintaining regulatory compliance. These items form a part of the provision of ongoing business relationship advice and support RKF Global provides throughout the life-cycle of the client’s international venture.

International Entrepreneurial and Start-Up Services. RKF Global provides legal advice and strategy to entrepreneurs, start-up entities and owners of small businesses seeking to launch a product, service or technology, or expand its reach. As with most entrepreneurial endeavors, a balance between risk management and aggressive business planning and implementation must be achieved. Where entrepreneurial plans cross international borders, additional considerations must be discussed and planned-for.  RKF works closely with the principal entrepreneurs, business owners, lenders and financial investors to co-exist and agree upon a strategic set of principles to govern the sometimes whirl-wind activities.

In addition to the above inbound and outbound services, RKF Entrepreneurial services typically include guidance as to structuring of the business and/or entities, drafting and implementing corporate or entity constitutional and governing documents (including operating agreements, shareholder agreements, by-laws and resolutions), financing and investment documentation, regulatory compliance and intellectual property considerations. Perhaps more importantly, RKF assists with the formation and review of the business plan, market research and strategic goals.

In summary, whenever companies or investors send their goods, services, personnel or money across an international border, a number of inbound and/or outbound international legal considerations must be addressed. In conjunction with the inbound and outbound work, RKF Global works closely with clients as to import and export regulations, immigration and nationality needs, regulatory compliance, risk management, and/or revenue generation.

For more information on International Services Offered by RKF Global, a free initial consultation is available by calling (312) 888-2000 today.

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