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I have a small business and want to make sure...

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11 Jun 2013

I have a small business and want to make sure that my name is XXXXXXXXXX XX the US and abroad (I have an old employee who has been selling product under my name internationally). How do I register?
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11 Jun 2013

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Lawyer's response
11 Jun 2013
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
Thank you for your question. Please permit me to assist you with your concerns. To answer your question directly, there is no formal international registry. If you wish to have your name registered overseas, you would need to individually contact the countries where you wish to obtain protection, contact their version of the department of state or corporations, and register as a 'foreign corporation'. In the US it is a bit simpler, regardless in what state you register, you will obtain a modicum of protection across the country but for specific nations you would need to register directly with each nation. I am assuming that you are already registered in the US, but if not I can provide you with such information as well. Hope that helps. Sincerely, Dimitry, Esq.
11 Jun 2013
Customer reply
11 Jun 2013
Hi Dimitry - I am not sure if I am registered in the US (I recently inherited the business). Can you confirm how I would find that out? Thanks Anna
11 Jun 2013
Lawyer's response
11 Jun 2013
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
Anna, Thank you for your follow-up. Whose business was it? In what state did this entity conduct business? In what state did it pay taxes? Do you know any of those facts?
11 Jun 2013
Customer reply
11 Jun 2013
It was my mother's. It paid taxes in Washington and conducts business (still) in WA.
11 Jun 2013
Lawyer's response
11 Jun 2013
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
Thank you for your follow-up In that situation I would suggest you browse the listing at the Washington Secretary of State to see if the name of your business is listed. If it is, then you know that it is formally registered with the state. I am hoping that this business is registered out of this state and not out of a different and more tax-friendly state, but if you paid taxes to Washington, this is likely where the information would be: http://www.sos.wa.gov/corps/corps_search.aspx Good luck.
11 Jun 2013
Customer reply
11 Jun 2013
Thank you! So to register the LLC in other countries, I have to contact each country specifically? Do you know what that would be for China?
11 Jun 2013
Lawyer's response
11 Jun 2013
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
You are most welcome! Setting up a business in China is very complex and requires a lot of steps. For example they require your name to be pre-approved, a bank account set up in their country, obtaining a business license and certification. For that I would suggest you retain counsel. My apologies but that is somewhat beyond the scope of your initial question. Thank you! Sincerely, Dimitry, Esq.
11 Jun 2013
Customer reply
11 Jun 2013
Sorry one last question (as my initial question was how to register internationally). If I want to sell my product TO china, do I need to be registered?
11 Jun 2013
Lawyer's response
11 Jun 2013
Dimitry K., Esq.
Dimitry K., Esq.
Thank you for your follow-up. There is no known requirement that to sell to China you must first be registered there first. Provided you are registered in the US, that is sufficient. Having said that, Chinese companies may refuse to do business with a company that isn't registered, but it would be their personal preference and not a global requirement. Good luck! Sincerely, Dimitry, Esq.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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11 Jun 2013
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