Start-Up Checklist

We can help you to strategize the best way in which to expand your current company if you are considering opening a daughter / sister company in the U.S.

Question: What needs to be done in order to establish a profitable company in the U.S.? It is important to be familiar with the market opportunities that are available in the U.S. In essence, you need to establish a business plan that specifically targets the market in the U.S.

When establishing a company in the U.S. or in Great Britain it is important to consider all parts of the equation, including, legal matters, economic factors and strategic planning.

Despite the intensive information, as well as the amount of information available, it is unrealistic to think that you can do all of the preparation work by yourself without outside help.

A key element in effectively establishing a business requires you to consult someone who is both experienced and trustworthy. As an international law firm we are both helpful and competent when it comes to establishing new companies in the U.S.

The following checklist should help you with the compilation of an effective plan to establish your new company.

In order to speak with us personally… contact us at info.business@pecher.com
Step One

• Define the strengths and weaknesses of your potential company
•Set both business and personal goals
•Keep your financial status, as well as the available resources in mind
•Create a marketing plan, or allow us to create a marketing plan for you
Step Two: Choose Your Company

•Choose the right structure for your company. ◦This is especially important when considering taxes in Germany and the U.S., the company which you choose has a large effect on the taxes you must pay.
◦If you choose the wrong type of company there are negative consequences. For example, an American LLC is considered a separate legal entity in the U.S., but is taxed as a Partnership in Germany. The Bundesfinanzministerium established explicit criteria in 2004. It is of special importance to be able to negate losses of an American company in Germany.

•The following are the various types of possible companies in the U.S.: ◦Sole Proprietorship
◦General Partnership
◦Limited Liability Company
◦Corporation (S Corporation und C Corporation)

•You can choose the name of your new company
•Establish or allow us to establish your new company, including the writing and preparation of necessary contracts. For example we can write the corporate contract, in accordance with tax laws in Germany and the U.S. We will also establish contracts pertaining to the corporate liability of the executives; as well as employee contracts, with non-compete clauses, confidentiality clauses and clauses regarding commission.
Our services with respect to the establishment of a company include:

•Applying for a Federal Tax ID Number
•Choosing the right attorney
•Choosing the right tax preparer
•Choosing the right book keeping system
•Helping to locate and buy office materials, office furniture, company vehicles, computer software etc.
•Decisions with regard to book keeping and the preparation of financial statements
•Payroll decisions
•Forecast-Analysis
•Decisions with regard to hiring employees and complying with wages according to U.S. requirements. This includes benefits such as health insurance, pensions, life insurance, etc.
•Job Descriptions
•Company financing
•Opening a bank account
•Company insurance
Legal principles and to dos

•Preparation of the Articles of Incorporation and the Bylaws or the Operating Agreements
•Creation of employment contracts and employee handbooks
•Preparation of a buy and sell agreement
•Inspection and revision of a lease agreement
•Preparation of the stock certificates
•Recognition and approval of a retirement plan
Other services that we offer include

•Establishing telephone and fax numbers with enrollment in the phone book
•Advertising signs for your company
•Advertising for your newly opened business
•Ordering office furniture
•Design and order business cards and letterhead
•Licenses and other requirements according to federal regulations
•Provide office space with video conferencing in the United States