Our attorneys and staff are fluent in English, Spanish, Portuguese, French and Chinese.

 US Business

Attracting foreign talent has become increasingly important to US companies.  At HLA, we understand the immigration process needs to be handled with precision and expertise in order to avoid unnecessary delays and expense.  Consult with our office early on in the process to put together the most effective plan for recruiting the foreign workers your company needs.

This is the best moment imaginable for the international  investors to come to the US.  The dollar is weak, real estate values are at an all-time low and starting to slowly rise, and business opportunities abound.  On top of that, the US government has created special programs, like the EB-5 Regional Center, to further encourage foreign investment.

If you are an international person looking to gain a foothold in the US, you should not waste this window of opportunity.  All you need is a reliable, savvy attorney to guide you through the process.

Contact H&S today to schedule a consultation in the language of your choice by any of the following methods:

• Video conference
• Phone conference
• Office visit
• E-mail

Asset protection today is not what it used to be.  These days it’s not just for the very wealthy.  Right now, for example, homeowners commonly find their hard-earned nest-egg at risk as a result of an upside-down mortgage.  Also, we often talk to people who have creditor problems but who do not want to go through a bankruptcy for a variety of reasons.

With the upheaval in the lending industry and economic woes around the globe, people of all strata of society are thinking about protecting what they have and setting up intelligent structures for the future.  H&S is here to help. ~ J. Harrington

Second, new regulatory schemes and international treaties are changing the asset-protection landscape.  For example, some traditional offshore havens have now become very risky.  Also, many foreign banks are getting absolutely draconian about their policies and practices (i.e. FATCA).  And, of course, increased scrutiny and penalties require careful reassessment of both existing structures and strategies going forward.

Asset Protection Strategies

Asset Protection: Domestic & Offshore

The good news is there are certainly many very good options available.  The landscape may be changing, but where one door closes another always opens.  The trick is finding the right professionals.  You will want to think very carefully about the advice you receive and the people you trust with your money . . .

Thinking about offshore?  Great.  But how stable is the government?  What new treaties are in place or expected?  What contacts do you have in the foreign jurisdiction and how do you know you can trust them?

Are you doing your own research?  Fantastic.  Everyone should.  Your ideas and knowledge will be beneficial no matter what you end up doing.  But, there are some unavoidable limitations.  Do you have legal training?  Are you in a position to interpret the application of new laws and formulate strategies accordingly?  Can you dedicate yourself full-time to staying abreast of new developments and looking for ways to improve your protection?

 Are you talking to asset protection experts?  Okay, that’s fine.  But is this person licensed?  How can you really know the quality of the advice you’re getting?  What about legal analysis?  What are the chances of a non-attorney actually being qualified to talk to you about the interpretation and enforcement of foreign and domestic laws?  What kind of responsibility is this person willing to take for the advice he/she gives you?  Does the expert have some interest in the companies you’re being told to entrust with your money?  How do you know the companies won’t disappear, and what could you do about it if they did?

H&S is an international law firm with extensive experience and expertise in asset protection and taxation.  The advice you get here comes from a licensed attorney who is dedicated to keeping up with the intricacies of domestic and international laws as they apply to your personal circumstances, business interests and professional practice.  We have developed a variety of time-proven strategies, which we modify as necessary to adapt to new developments.  Services we commonly provide often involve one or more of the following:

The firm also has well-established relationships with reliable banks, trust companies, and law firms both in the US and abroad.  Those relationships have become increasingly important to establishing effective strategies, minimizing costs, and having peace of mind.

Asset Protection: Domestic Trust 

As an international firm, we are well-versed in the benefits of going offshore for asset protection. That said, there are an increasing number of very interesting domestic products that can be used for asset protection as well.  Also, the current regulatory environment, with ever-increasing information sharing and penalties, changes the analysis significantly.  These days, our attorneys typically steer US clients towards domestic asset protection vehicles, such as an Asset Protection Trust.

For a full comparison of the pros-cons of Offshore asset protection versus the use of a domestic asset protection trust, click below:

OFFSHORE VS. DOMESTIC TRUST (US Clients)

The analysis differs depending upon whether you are a US person or a foreign person since the most of the new laws are aimed at US citizens/residents.  If you are an international person weighing the option of going offshore versus bringing your money to the US, read this article by HLA’s senior asset protection attorney.

OFFSHORE VS. US TRUST (Int’l Clients)

Generally speaking, our clients’ objectives include:

• limitation of liability
• wealth protection
• reduction of tax liability
• international ventures

though there are many different reasons for going offshore as part of estate or business planning.

The firm’s key offshore services include the following:

• Company Formation in all Major Jurisdictions
• Registration of foreign branches and subsidiaries
• Establishments of Trusts and Foundations
• Nominee services
• Trustee and director services
• Corporate Structuring and Re-Structuring
• Establishment and maintenance of statutory records
• Preparation of share certificates or other ownership documents
• Corporate Tax Planning
• Configuring Market Entry
• Obtaining licenses and permits
• Yacht Registration
• Preparation of commercial and personnel agreements
• Establishment of bank accounts

Second, new regulatory schemes and international treaties are changing the offshore landscape.  Some traditional offshore jurisdictions have now become very risky, and many foreign banks are getting absolutely draconian about their policies and practices.  Also, increased scrutiny and penalties require careful reassessment of both existing structures and strategies going forward.

The good news is there are certainly many very good options available.  The landscape may be changing, but where one door closes another always opens.  The trick is finding the right professionals.  You will want to think very carefully about the advice you receive and the people you trust with your money . . .

Thinking about offshore?  Great.  But how stable is the government?  What new treaties are in place or expected?  What contacts do you have in the foreign jurisdiction and how do you know you can trust them?

 Are you doing your own research?  Fantastic.  Everyone should.  Your ideas and knowledge will be beneficial no matter what you end up doing.  But, there are some unavoidable limitations.  Do you have legal training?  Are you in a position to interpret the application of new laws and formulate strategies accordingly?  Can you dedicate yourself full-time to staying abreast of new developments and looking for ways to improve your protection? 

 Are you talking to consultants?  Okay, that’s fine.  But is this person licensed?  How can you really know the quality of the advice you’re getting?  What about legal analysis?  What are the chances of a non-attorney actually being qualified to talk to you about the interpretation and enforcement of foreign and domestic laws?  What kind of responsibility is this person willing to take for the advice he/she gives you?  Does the expert have some interest in the companies you’re being told to entrust with your money?  How do you know the companies won’t disappear, and what could you do about it if they did? 

H&S is an international law firm with extensive experience and expertise in offshore services.  The advice you get here comes from a licensed attorney who is dedicated to keeping up with the intricacies of domestic and international laws as they apply to your personal circumstances, business interests and professional practice.  We have developed a variety of time-proven strategies, which we modify as necessary to adapt to new developments.

The firm also has well-established relationships with reliable banks, trust companies, and law firms both in the US and abroad.  Those relationships have become increasingly important to establishing effective strategies, minimizing costs, and maintaining peace of mind.

There are many reasons for resolving your disputes outside of the court system, but let’s just touch on a couple of key benefits.

Privacy

Some people try to “shame” their opponents into submission with an outrageous complaint filed at the courthouse.

After all, once filed, the complaint becomes part of the public record.  That alone can be quite damaging to a defendant, whether or not there is any truth to the allegations.

It’s an ignoble approach, and usually not very effective but it is, nonetheless, rather common.  If you are one of these people who use such tactics, then you can skip the rest of this page.  ADR is not for you.

On the other hand, for legitimate business people who don’t need to have their hard-earned reputations tarnished by lawsuits–whether frivolous or meritorious–ADR is a great solution.  With mediation and arbitration, the proceedings remain completely out of the public record.  There are no “filings,” and nobody can get a hold of the pleadings by simply going the Clerk of Court’s website.

There simply is no benefit to having your laundry out in the open for the world to see.  Make ADR clauses a part of all your contracts, and take care of your disputes privately.

Quicker Resolution

The US courts are among the most efficient on the planet.  Even so, they are often not funded well enough to handle lawsuits as quickly as we would like.

And, let’s face it.  The rules of civil procedure are such that even a mediocre attorney can drag out a lawsuit far beyond what it should be.

If you are the defendant–or just on the wrong side of the law–dilatory tactics can be advantageous.  After all, some battles are simply won be attrition.

But, if you have better things to do with your time, money and energy than grind out a grueling legal battle, then you should really consider ADR.

A mediator or arbitrator will have very few cases on his or her plate — probably just yours.  So, you can avoid delays caused by a judge’s busy calendar.  In fact, you can avoid a lot of motion practice altogether.

Disputes are all but inevitable.  As a society, we have to have a way of resolving them without bloodshed.  ADR is the best solution we’ve come up with so far.

Easy Access to your Attorney

First and foremost, having a title agent who is an attorney makes things much easier.  An attorney understands the workings of a real estate transaction — as opposed to following a script and checklist.

If you have a question or a situation even slightly out of the ordinary, you will quickly appreciate having access to an actual attorney.  

Complex Closings

Second, a law firm is equipped to handle even complicated closings, such as _

• commercial properties
• foreign sellers subject to FIRPTA
• transactions with estate tax withholdings
• properties subject to liens or judgments

Accordingly, HLA’s attorney-owned title company has the legal expertise to comfortably close even complex transactions.

An H&S closing begins with our Welcome Letter, available here .

Real estate transactions always involve significant amounts of money and are often the most important transactions a client makes.

Trust your real estate closing to H&S Land & Title.

The post H&S Land & Title – Real Estate Closings first appeared on Harrington Legal Alliance.]]> https://Harringtonandsheppard.com/areas-of-practice/nexus-international/ Wed, 25 Mar 2015 23:09:31 +0000 https://www.harringtonlawassociates.com/?post_type=aop&p=1139 Com a situação econômica e social brasileira atual, muitas famílias estão optando por mudar para os Estados Unidos. Para isso, precisam de assessoria que possibilite um correto planejamento que identifique as possibilidades integradas nas áreas de imigração, impostos, investimentos incluindo aquisição de imóveis e negócios, blindagem patrimonial e tributária, incluindo trust. Atualmente é comum os brasileiros interessados em obter informações READ FULL POST