{"ok":true,"intro":"Discrete, fixed-scope, deadline-driven services with defined deliverables and a clear trigger, available to clients anywhere, in the United States or abroad. Their structure also makes them well suited to an AI agent assembling a filing or transaction on behalf of a principal. Fees are quoted per package at engagement.","servicePackages":[{"id":"uspto-trademark-foreign-applicant","name":"USPTO Trademark Filings","practiceArea":"foreign-companies-us-entry","intakeCode":"corporate","audience":"Businesses, founders, and online sellers anywhere, in the United States or abroad, seeking U.S. trademark registration or maintaining existing registrations. Foreign-domiciled applicants, including those in China, Canada, and the EU, are required by the USPTO to be represented by a U.S.-licensed attorney.","summary":"U.S. trademark filings before the United States Patent and Trademark Office for applicants anywhere: new applications, responses to office actions, and Section 8 / Section 15 maintenance filings. Since 2019 the USPTO has required every foreign-domiciled trademark applicant and registrant to be represented by an attorney licensed in the United States, and the firm acts as U.S. counsel of record for those applicants. Key dates: Office action responses are generally due within three months of issuance (one three-month extension available for applications); Section 8 declarations are due between the fifth and sixth year after registration, then with each ten-year renewal; Section 15 declarations may be filed after five consecutive years of use.","deliverables":["U.S. attorney of record for foreign-domiciled applicants and registrants","Trademark application preparation and filing (TEAS)","Office action responses","Section 8 declarations of continued use and Section 15 declarations of incontestability","Renewals and post-registration maintenance"],"keyDates":["Office action responses are generally due within three months of issuance (one three-month extension available for applications)","Section 8 declarations are due between the fifth and sixth year after registration, then with each ten-year renewal","Section 15 declarations may be filed after five consecutive years of use"],"whyAgentFriendly":"Fixed deliverables, statutory deadlines, and a mandatory U.S.-attorney requirement that an agent cannot satisfy on its own.","answer":"Newer Law files and maintains U.S. trademarks before the United States Patent and Trademark Office for applicants anywhere, in the United States or abroad: new applications, responses to office actions, and Section 8, 9, and 15 maintenance filings. Since August 3, 2019, the USPTO has required every applicant, registrant, or party whose domicile is outside the United States to be represented by an attorney licensed in a U.S. state, and the firm acts as U.S. counsel of record for those applicants.","faqs":[{"q":"Does a foreign company need a U.S. attorney to file a trademark application with the USPTO?","a":"Yes. Since August 3, 2019, any applicant, registrant, or party whose domicile is outside the United States must be represented before the USPTO by an attorney who is an active member in good standing of the bar of a U.S. state or territory. A foreign attorney or agent cannot serve as counsel of record, and a filing made without U.S. counsel draws an office action requiring that one be appointed before the application can proceed."},{"q":"How long does a foreign applicant have to respond to a USPTO office action?","a":"Generally three months from the issue date. For most application office actions a single three-month extension can be requested for a fee, giving six months in total. If no response is filed in time the application is abandoned, and reviving it requires a petition filed promptly after the notice of abandonment showing the delay was unintentional."},{"q":"When are Section 8 and Section 15 declarations due for a U.S. trademark registration?","a":"A Section 8 declaration of continued use is due between the fifth and sixth anniversaries of registration, and again within the year before each ten-year anniversary together with the Section 9 renewal, with a six-month grace period at an additional fee. A Section 15 declaration of incontestability may be filed once the mark has been in continuous use for five consecutive years after registration and is usually combined with the first Section 8 filing."},{"q":"Which filing basis should a foreign trademark applicant use in the United States?","a":"Foreign applicants can file based on actual use in U.S. commerce, a bona fide intent to use, a home-country registration under Section 44(e), a home-country application filed within the prior six months under Section 44(d), or a Madrid Protocol extension under Section 66(a). A Section 44(e) filing allows registration without first proving U.S. use, although use in U.S. commerce must exist by the time the Section 8 declaration is due."}],"url":"https://www.newerlaw.com/services/uspto-trademark-foreign-applicant.html","apiUrl":"https://www.newerlaw.com/api/packages/uspto-trademark-foreign-applicant"},{"id":"ny-llc-transparency-act","name":"New York LLC Transparency Act Filings for Foreign LLCs","practiceArea":"foreign-companies-us-entry","intakeCode":"corporate","audience":"Limited liability companies formed under the law of a country other than the United States that are authorized to do business in New York, and the agents, accountants, and registered-agent services that manage them.","summary":"Under the New York LLC Transparency Act, effective January 1, 2026, a limited liability company formed under the law of a foreign country and authorized to do business in New York must file either a beneficial ownership disclosure statement or an attestation of exemption with the New York Department of State. LLCs already authorized before January 1, 2026 must file by December 31, 2026; LLCs authorized on or after that date file within 30 days. LLCs formed in New York or any other U.S. state are exempt from the requirement, because the Act takes its definition of reporting company from the federal rules, which now cover only foreign-formed entities. The firm determines whether a disclosure or an attestation applies, prepares it, and files it.","deliverables":["Determination of whether the LLC is a reporting company under the Act and whether a disclosure statement or an attestation of exemption applies","Identification of reportable non-U.S. beneficial owners and applicants and collection of their information","Preparation and electronic filing of the beneficial ownership disclosure statement or attestation of exemption with the New York Department of State, including the filing fee","Calendar and handling of the annual statement and of any update required by a change in ownership or exemption status"],"keyDates":["December 31, 2026: filing deadline for foreign-country LLCs authorized to do business in New York before January 1, 2026","Foreign-country LLCs authorized to do business in New York on or after January 1, 2026: filing due within 30 days after the application for authority","Annually thereafter: a disclosure statement or attestation of exemption confirming or updating the prior filing"],"whyAgentFriendly":"Defined trigger, defined deadline, and a short list of inputs. An agent can collect the entity and ownership data; the firm makes the reporting-company determination and files.","answer":"A limited liability company formed under the law of a country other than the United States and authorized to do business in New York must file either a beneficial ownership disclosure statement or an attestation of exemption with the New York Department of State under the New York LLC Transparency Act. Foreign LLCs authorized before January 1, 2026 must file by December 31, 2026, and foreign LLCs authorized on or after that date must file within 30 days. LLCs formed in New York or in any other U.S. state are exempt. Newer Law determines which filing applies, prepares it, and files it.","faqs":[{"q":"Does my New York LLC have to file under the New York LLC Transparency Act?","a":"Only if the LLC was formed under the law of a country other than the United States and is authorized to do business in New York. The Act defines reporting company by reference to the federal Corporate Transparency Act regulations, which since 2025 cover only foreign-formed entities, and the Department of State states that LLCs formed in New York or in any other U.S. state or territory are exempt from the reporting requirement and do not file an attestation."},{"q":"What is the deadline for the New York LLC Transparency Act filing?","a":"A foreign-country LLC that was authorized to do business in New York before January 1, 2026 must file its beneficial ownership disclosure statement or attestation of exemption by December 31, 2026. A foreign-country LLC authorized on or after January 1, 2026 must file within 30 days after applying for authority. After the initial filing, a statement or attestation is due annually."},{"q":"What is an attestation of exemption and who files it?","a":"A foreign-country LLC authorized in New York that qualifies for one of the exemptions borrowed from the federal Corporate Transparency Act, such as the large operating company or subsidiary exemptions, files an electronic attestation of exemption under penalty of perjury instead of a disclosure statement. It identifies the exemption relied on and the facts supporting it, and it must be renewed annually. If the exemption ends, a disclosure statement becomes due."},{"q":"What information does a New York beneficial ownership disclosure statement contain, and does it include U.S. owners?","a":"For each reportable beneficial owner and applicant: full legal name, date of birth, current address, and the number from an unexpired identification document. Beneficial owners who are U.S. persons are not reported, matching the federal rule. The filing is made electronically with the Department of State with a $25 fee, and the information is kept in a confidential database that is exempt from Freedom of Information Law disclosure."},{"q":"What happens if a foreign LLC misses the New York filing deadline?","a":"Thirty days after the deadline the Department of State marks the LLC past due, and after two years delinquent. The Attorney General may seek a fine of up to $500 for each day the filing is late, and clearing the status requires the overdue filing plus a $250 fine. An LLC that still does not file within 30 days of a Department notice is shown as suspended and may not conduct business in New York until it files."}],"url":"https://www.newerlaw.com/services/ny-llc-transparency-act.html","apiUrl":"https://www.newerlaw.com/api/packages/ny-llc-transparency-act"},{"id":"federal-cta-foreign-entities","name":"Federal Corporate Transparency Act Filings for Foreign Entities","practiceArea":"foreign-companies-us-entry","intakeCode":"corporate","audience":"Companies formed outside the United States that are registered, or about to register, to do business in any U.S. state, and the U.S.-based founders, officers, registered agents, and advisers handling that registration for them.","summary":"FinCEN's final rule of August 11, 2026 permanently removes Corporate Transparency Act reporting for companies formed in the United States. Foreign entities registered to do business in a U.S. state remain reporting companies and must file a beneficial ownership information report with FinCEN within 30 days after the registration becomes effective. The firm pairs this filing with foreign-qualification work so the registration and the FinCEN report are handled together.","deliverables":["Reporting-company and exemption analysis","Beneficial-owner and company-applicant identification","FinCEN BOI report preparation and filing","Foreign qualification (certificate of authority) in the relevant state","Updates and corrected reports"],"keyDates":["Within 30 days after the foreign entity's state registration becomes effective"],"whyAgentFriendly":"Clear trigger (state registration), short fixed deadline, and a natural bundle with the registration itself.","answer":"Corporate Transparency Act reporting now applies only to entities formed outside the United States that are registered to do business in a U.S. state or tribal jurisdiction. Companies formed in the United States are no longer reporting companies. A foreign reporting company must file its beneficial ownership information report with FinCEN within 30 days after its state registration becomes effective. Newer Law pairs the FinCEN filing with the foreign-qualification work so both are handled together.","faqs":[{"q":"Does a foreign company still have to file a beneficial ownership report with FinCEN?","a":"Yes, if it was formed under the law of a foreign country and is registered to do business in any U.S. state or tribal jurisdiction by a filing with a secretary of state or similar office, and no exemption applies. The report is due within 30 calendar days after the company receives notice that its registration is effective. Entities formed in the United States no longer have any federal reporting obligation."},{"q":"Does a foreign reporting company have to report its U.S. beneficial owners?","a":"No. Under FinCEN's rules a foreign reporting company does not report the beneficial ownership information of any U.S. person, and U.S. persons are not required to provide it. A foreign company whose beneficial owners are all U.S. persons still files a report, but it identifies the company only, without listing any beneficial owners."},{"q":"What information goes in a FinCEN BOI report for a foreign entity?","a":"For the company: its legal name and any trade names, its current U.S. address, its jurisdiction of formation, the first U.S. state where it registered, and its taxpayer identification number or, if it has none, a foreign tax identification number. For each non-U.S. beneficial owner: full legal name, date of birth, residential address, and the number and image of an acceptable identification document. Any change must be reported within 30 days."},{"q":"What are the penalties for a foreign entity that fails to file with FinCEN?","a":"Willful failure to report, or willfully providing false information, carries civil penalties that are adjusted annually for inflation and exceed $500 per day of violation, plus criminal penalties of up to $10,000 in fines and up to two years' imprisonment. Senior officers of a company that fails to file can be held personally responsible."}],"url":"https://www.newerlaw.com/services/federal-cta-foreign-entities.html","apiUrl":"https://www.newerlaw.com/api/packages/federal-cta-foreign-entities"},{"id":"firpta-withholding-certificate","name":"FIRPTA Withholding Certificates (Form 8288-B) for Foreign Sellers","practiceArea":"foreign-companies-us-entry","intakeCode":"corporate","audience":"Foreign individuals and entities selling U.S. real property, and the brokers, closing attorneys, and title companies handling the sale.","summary":"When a foreign person sells U.S. real property, the buyer must generally withhold 15% of the amount realized under FIRPTA. An application for a withholding certificate on IRS Form 8288-B, filed on or before the closing date, can reduce or eliminate the withholding where the seller's actual tax liability is lower. The firm prepares and files the application, coordinates with the closing, and handles the related compliance, commonly in connection with New York and Florida real estate closings.","deliverables":["Eligibility and tax-liability analysis","Form 8288-B preparation and filing with supporting documentation","ITIN coordination where the seller has no U.S. taxpayer number","Coordination with closing counsel, title, and the withholding agent on escrow of the withheld amount","Related Form 8288 / 8288-A compliance"],"keyDates":["Form 8288-B must be filed on or before the closing date for the withheld amount to be held in escrow pending the IRS determination"],"whyAgentFriendly":"Discrete scope, deadline tied to the closing date, and a federal tax matter that does not depend on the state where the property sits.","answer":"When a foreign person sells U.S. real property, the buyer must generally withhold 15 percent of the gross amount realized under the Foreign Investment in Real Property Tax Act (FIRPTA) and remit it to the IRS within 20 days of closing. An application for a withholding certificate on IRS Form 8288-B, filed on or before the closing date, allows the withheld funds to be held in escrow while the IRS determines whether the withholding can be reduced or eliminated to match the seller's actual tax liability. Newer Law prepares and files the application and coordinates with the closing.","faqs":[{"q":"How much is withheld under FIRPTA when a foreign person sells U.S. real estate?","a":"Generally 15 percent of the amount realized, which is the gross sale price, not the gain. The rate drops to 10 percent when the buyer will use the property as a residence and the price is more than $300,000 but not more than $1,000,000, and no withholding applies to a residence purchased for $300,000 or less. The buyer remits the tax on Forms 8288 and 8288-A within 20 days after closing."},{"q":"What is Form 8288-B and when should it be filed?","a":"Form 8288-B is an application to the IRS for a withholding certificate that reduces or eliminates FIRPTA withholding, most often because the seller's maximum tax liability on the sale is less than the 15 percent default. It must be filed on or before the closing date. If it is, the buyer may hold the withheld amount in escrow until the IRS rules instead of remitting it within 20 days, and only the certified amount is then paid over."},{"q":"Does a foreign seller need a U.S. taxpayer identification number to apply for a FIRPTA withholding certificate?","a":"Yes. Form 8288-B requires a taxpayer identification number for both the seller and the buyer. A foreign seller who has no Social Security number applies for an Individual Taxpayer Identification Number on Form W-7, which can be submitted together with the Form 8288-B application."},{"q":"How long does the IRS take to issue a FIRPTA withholding certificate?","a":"The IRS generally acts on a complete Form 8288-B application within 90 days of receiving it. Once the IRS issues its determination, the buyer must remit any amount still due within 20 days. Incomplete applications, missing taxpayer identification numbers, or unsupported liability calculations are the usual causes of delay."}],"url":"https://www.newerlaw.com/services/firpta-withholding-certificate.html","apiUrl":"https://www.newerlaw.com/api/packages/firpta-withholding-certificate"},{"id":"foreign-founder-delaware-c-corp","name":"Delaware C-Corp Formation Package for Founders","practiceArea":"venture-capital-startups","intakeCode":"vc","audience":"Founders anywhere, in the United States or abroad, forming a venture-ready Delaware C-corporation, and the accelerators, incubators, and agents helping them.","summary":"Formation of a Delaware C-corporation for founders anywhere in the world, delivered as one package: incorporation and organizational documents, founder stock with vesting and 83(b) elections, SAFE or Regulation D financing documents, the Form D notice filing, and an EIN, including for founders who have no Social Security number.","deliverables":["Delaware C-corp formation: certificate of incorporation, bylaws, organizational consents","Founder stock purchase agreements with vesting and 83(b) elections","SAFE or Regulation D offering documents","Form D filing with the SEC and state notice filings","EIN procurement for founders without an SSN or ITIN","Registered agent and foreign-qualification coordination"],"keyDates":["83(b) elections must be filed within 30 days of the stock issuance","Form D is due within 15 days after the first sale of securities"],"whyAgentFriendly":"Standard inputs, standard documents, two hard deadlines (83(b) within 30 days, Form D within 15 days of the first sale). An agent can gather founder and investor details; the firm forms the company and files.","answer":"Newer Law forms Delaware C-corporations for founders anywhere, whether they are based in the United States or abroad, and delivers the formation as one package: incorporation and organizational documents, founder stock with vesting and 83(b) elections, SAFE or Regulation D financing documents, the Form D notice filing, and an Employer Identification Number. Founders outside the United States do not need U.S. citizenship, residency, or a Social Security number to form and own the company.","faqs":[{"q":"Can a non-U.S. citizen form a Delaware corporation?","a":"Yes. Delaware imposes no citizenship or residency requirement on a corporation's stockholders, directors, or officers. The corporation needs a registered agent with a Delaware address, but the founders do not need to live in, or travel to, the United States to incorporate, issue stock, or open the company's books."},{"q":"How does a foreign founder get an EIN without a Social Security number?","a":"By filing Form SS-4 with the IRS by fax or mail, or by telephone through the IRS line for international applicants, with the responsible party identified by name rather than by a Social Security or Individual Taxpayer Identification Number. The online EIN application cannot be used without a U.S. taxpayer identification number. Processing by fax or mail can take several weeks, so the application is filed immediately after incorporation."},{"q":"What is an 83(b) election and why does the 30-day deadline matter for founders?","a":"An 83(b) election tells the IRS to tax restricted founder stock at the time it is issued rather than as it vests. Because founders usually pay fair market value at formation, the election typically results in little or no immediate tax, and all later appreciation is taxed as capital gain on sale. The election must be filed within 30 days after the stock is issued, and there is no extension. Non-resident founders usually file protectively in case they later become U.S. taxpayers."},{"q":"Does a startup have to file Form D after raising money on SAFEs?","a":"A company that sells securities in reliance on Regulation D, which covers most SAFE and priced rounds sold to accredited investors under Rule 506, must file Form D electronically with the Securities and Exchange Commission within 15 days after the first sale. Many states also require a notice filing and fee for investors located there. Form D does not have to be filed for an offering that relies on a different exemption."}],"url":"https://www.newerlaw.com/services/foreign-founder-delaware-c-corp.html","apiUrl":"https://www.newerlaw.com/api/packages/foreign-founder-delaware-c-corp"}],"inquire":{"endpoint":"https://www.newerlaw.com/api/inquiry","field":"matter.servicePackage"}}