British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   L1 question re partnership (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/l1-question-re-partnership-694781/)

casablanca83 Nov 25th 2010 6:06 pm

L1 question re partnership
 
Hi all,
I have a question regarding share holdings of a subsidiary office on the L1 Visa.
My husband owns a UK business with a partner - they both own 50% each.
Is it possible for my husband to open the office in USA and control 100% of that new office. Or event if he owns 50% and I own 50%
Any advice much appreciated.
thanks

Ps. we meet all the requirements for L1, turnover, employees etc....

casablanca83 Nov 25th 2010 8:51 pm

Re: L1 question re partnership
 
anyone? :-)

lisa67 Nov 25th 2010 11:24 pm

Re: L1 question re partnership
 
Patience...it's Thanksgiving Day here and everyone is busy stuffing themselves with turkey and watching football :D

ian-mstm Nov 25th 2010 11:40 pm

Re: L1 question re partnership
 

Originally Posted by casablanca83 (Post 9004251)
anyone? :-)

What? You can't even wait 3 full hours? Although, I guess it's now going on 6 full hours. It's a federal holiday in the US... people are spending time with their families... and you can wait. The earth isn't going shatter meantime.

Ian

scrubbedexpat099 Nov 26th 2010 12:36 am

Re: L1 question re partnership
 
As I understand it the UK Company would need at least 50% and ultimate control.

Something to talk to your lawyer about.

casablanca83 Nov 26th 2010 5:55 am

Re: L1 question re partnership
 
ah - happy thanksgiving then :-)

Flabound oneday Nov 26th 2010 6:17 am

Re: L1 question re partnership
 
we were in a very similar situation .
uk company 50/50 split with UK partner
we were advised that the UK company not me as an individual had to own a minimum of 51% of the US one.its a company transfer so the UK company has to own the US one.

best advice run through it with your lawyer before setting up the US side, if we had sorted it out better we would have saved a LOT of hassle

S Folinsky Nov 26th 2010 11:39 pm

Re: L1 question re partnership
 

Originally Posted by Flabound oneday (Post 9004897)
we were in a very similar situation .
uk company 50/50 split with UK partner
we were advised that the UK company not me as an individual had to own a minimum of 51% of the US one.its a company transfer so the UK company has to own the US one.

best advice run through it with your lawyer before setting up the US side, if we had sorted it out better we would have saved a LOT of hassle

It is a good idea to get good advice.

Flabound oneday Nov 27th 2010 6:24 am

Re: L1 question re partnership
 

Originally Posted by S Folinsky (Post 9006254)
It is a good idea to get good advice.

presumably good advice from a good lawyer ?:)

heather123 Dec 8th 2010 1:34 pm

Re: L1 question re partnership
 

Originally Posted by casablanca83 (Post 9003984)
Hi all,
I have a question regarding share holdings of a subsidiary office on the L1 Visa.
My husband owns a UK business with a partner - they both own 50% each.
Is it possible for my husband to open the office in USA and control 100% of that new office. Or event if he owns 50% and I own 50%
Any advice much appreciated.
thanks

Ps. we meet all the requirements for L1, turnover, employees etc....

Hi there
We are looking to apply for the L visa next year. I see that your blog states that you meet all the requirements for the L1 visa (turnover, employees etc) If possible can you please let me know what the turnover/employees and any other criteria has to be, as we have been told by attorneys and a sucessful applicant that there is no specific criteria as it all depends on the type of UK business and the new U.S business.

Many Thanks

Flabound oneday Dec 8th 2010 2:02 pm

Re: L1 question re partnership
 
what you have been told is correct.

if you own or part own the UK company they will want to see that it can continue to trade without you. there is no minimum number of employees or turnover but the company needs to be stable and succesful.

the US company -presume it is a start up- must be owned at least 51% by the UK company (not by 'you').

defintely have a good laywer on baord before you start

S Folinsky Dec 8th 2010 2:25 pm

Re: L1 question re partnership
 

Originally Posted by Flabound oneday (Post 9028667)
what you have been told is correct.

if you own or part own the UK company they will want to see that it can continue to trade without you. there is no minimum number of employees or turnover but the company needs to be stable and succesful.

the US company -presume it is a start up- must be owned at least 51% by the UK company (not by 'you').

defintely have a good laywer on baord before you start

51%?? Where did you get that? I told you to get good advice.


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