Our customers, who want to establish a company in the United States, often ask for our advice on the opportunity to buy a company that already exists in the United States. Many times, these are companies that have already been established, but is not working. In other words, these companies are like an empty shell.
In most cases, suggestions like these may be given by other advisors, generally notaries, lawyers offices, or professional accountants offices that have connections in the United States.
Listen to us please: it is not only a bad idea... it is a VERY BAD idea.
In the United States, a lien allows the registering of a (real or presumed) credit at county level.
It may happen, as it often does, that a corporation or a limited liability company of New York, for instance, has a lien registered against it in the county of Denver, Colorado, and it does not even know it.
Take note that it is not necessary to have a judge validate and settle the credit. In other words, the lien is often used as a precautionary measure for credits, even though presumed.
Without entering into details on why the lien was registered, it is sufficient to state that the search to make sure that the company you are going to buy has no outstanding matters is time-consuming and requires both resources and expenses. Even after the search has been completed, there always remains a certain anxiety associated with the fact that some outstanding amounts might still be entered in the tax roll.
Considering that, with the establishment of a corporation in the USA through ExportUSA, we do not mean to assert that an LLC has lower costs than buying an already existing company, but that it is simply unwise to take on useless risks.
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