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warumfloridaFor vacationers Florida has always been a dream destination. But what does this mean for business owners? How can I protect against failure and minimizes the "training money", which is usually obtained inevitable with new beginnings? The answer is: It depends on that to find the right consultant. The paper will give a small Ersteinblick:

The most successful entrepreneurs are mostly those who approach their business activities in Florida just as carefully as they would do at home. It should not save in the wrong and should be well prepared: An extensive market research is just as important as the motivated entrepreneurial principles location search. Turning experienced and objectively acting consultant without artificial parts are more authoritative things. Furthermore proves true the old saying the shoemaker and his bars: Although you always hear of successful dropouts, operating a small beach bar is usually not nearly as romantic as one that has perhaps dreamed earlier in the desk.

Are all these questions answered, it comes to implementing an already well-established business plan into action. In this case, the law in Florida from the usual law in Germany, which will be explained briefly below differs:

company law

Companies are established quickly, easily and inexpensively in America: Although this difference is positive, however, mean that a company is only an "empty" right person before they are filled with life or property. For newly founded companies with no credit proof, this means that the owner or other business partners of the owners, managers or parent companies require personal guarantees and thus there is liability on the individual investment. Caution should be even with the assumption of connections with other companies prevail, because bankruptcy is easily explained.

Employment Law

To get one of the relevant investor or business visas and in particular to extend this, one can not avoid the employment of US workers. Since the Florida helps entrepreneurs the concept of "Employment at Will", ie employment at will. When business is going well, it provides a worker. Go bad, they are not from any unconstitutional reason (these are mostly to discrimination based on race, sex, age, disability or country of origin) released.

While that does not sound appealing to the employees themselves, it is an ideal mechanism to adapt to market fluctuations for the employer. Here, this mechanism is often a double-edged sword, as efficient and well-trained forces prefer employers who voluntarily offer certain benefits such as private pension and health insurance. This presents the flip side: Good employees to lose quickly if they get a better deal somewhere.

Control

Florida does not require any additional income tax, in contrast to other states by private individuals. This means that on ordinary income only prevalent federal tax rate of up to 35% is calculated. However, here is the property tax is considerably higher and the gain is taxed, no matter how long you hold an asset. It is very important therefore to have in addition to the planning of business advice from an accountant or specialist lawyer who is familiar with the application of the German / US double taxation agreements and the impact of the tax laws of both countries on the international entrepreneur.

contract law

US law is based on English common law and is therefore not aligned with the existence of a federal law book. The result is voluminous works contract, must die for all forests. There is, with the exception of immoral agreements almost complete freedom of contract. Quality standards, deadlines or who pays for legal fees and in case of dispute. Court costs will be covered by a contract. Disputes to which silent contracts, often end up in court.

Other aspects and clarifying questions: Are patents secured? Come products liability law by rules? Need products and / or services a special license or acceptance by a US authority? Such issues should be resolved in any event prior to arrival of goods or equipment in an American port. American lawyers specialize early and many of them spend the majority of their time trying to keep their clients from lawsuits and conflicts with authorities.

For the well-prepared entrepreneur is America - and Florida - still a good location. However, the move across the pond must be properly planned.

Quality of Life

Americans are generally friendly towards foreign investors. Generally, you will be taken quickly and courteously. The social envy, known to many from Europe or other parts of the world, there is rarely here. If you drive a great car, is more admired than envied, because in the United States even the simplest worker believes that everyone can take it to the same wealth in this system. What in other countries triggers crime or envy, is therefore more likely seen in America as an incentive to achieve the same. This setting also results in a certain degree of security that is not necessarily present in other sunny destinations.

This article does not constitute legal advice but is for general information.

The author Dr. Juergen Hartwich is a Managing Partner of International Business Organization, LLC, Cape Coral.

Mo, Feb 19, 2018

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