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Re: [newtech-1] Forming a Company with International Investors

From: John G.
Sent on: Friday, January 11, 2013 10:56 AM
EB-5 investments tend to go to low-risk, low-return investments, to make sure that the investment meets the conditions over a period of years; they also require the use of, and adherence to, a viable business plan that has been vetted by a CIS reviewer. These risk conditions tend to exclude startups. If the EB-5 investment is not through a regional center, the investor has to be an active investor and be able to document their management participation.

When the partner's family members find out that with a Green Card comes US taxation on their world-wide income, they may get cold feet.

John P. Gordon President, USA Corporate Services Inc.
Managing-Member, Incbert Insurance Brokerage LLC
19 W. 34th Street Room 1018
New York, NY 10001
Tel: [masked]
[address removed] |

On Fri, Jan 11, 2013 at 10:34 AM, Dima Tkachev <[address removed]> wrote:

Consult an immigration attorney as relates to EB5 to make a fair judgement versus traditional investment. It is subject to geography, structure, employee count, investment amount, changes in regulations, approval process and time horizon. There will be a layer of attorney fees and filings you will have to address, which can add up, nevertheless might still be worth it. You need to consider EB5 risk/reward from potential future investor/funding angle, if you are considering additional funding rounds with institutional money.

You will find some general things online, but ultimately will need real advice and will have additional costs to ensure the legal advice you receive is applicable to your situation. 

Several institutional allocators are offshore anyway and a decent attorney will advise you accordingly. Experienced pros might be willing to give you an initial 30 min consultation - keep calling until you find the ones who do.

Looking a bit further down the line, onshore investors that do real due diligence will require to ensure all of the above paperwork is done right with proper counsel.

As relates to the family, it might be helpful for them to consult tax accountant.

None of the above should deter you, points of consideration, all of it is addressable and there are pros who won't waste your resources getting things done.


On Jan 11, 2013, at 9:41, Yaniv Sneor <[address removed]> wrote:


In addition to other considerations, and depending on how much they invest, and where your company is located, your foreign investors could qualify for an EB-5 visa, which is a path to a green card for them.


On Fri, Jan 11, 2013 at 9:34 AM, Alan Hyman <[address removed]> wrote:
Hello NYTM. 
Happy New year to everyone. I have some questions about forming a company and accepting investment. Here is the good situation to be in: My partners's family overseas wants to invest in our company. What are the different things we could offer them? One idea was to give them a percentage stock of the company. Then as my partner and I make profit we would buy back shares. Also what issues will we find when accepting investment from an overseas investor?  Has anyone been in this situation before? I would love to hear any stories you may have out of your experiences forming companies and accepting investments. Advice?

Are there any reliable resources online we could use to research these questions?

Thank you. 

Alan Hyman
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