Publication date: 01.04.2025
Lawyer, specialist in the practice of international corporate law, fintech and legal support of businesses in the EU and Asia. A lot of practical experience and successful cases in the portfolio.
Client: a company specializing in the manufacture and installation of air ducts
Region: Kyiv
Goal: expanding production and manufacturing new products
Client's request:
On 04.03.2024, a company specializing in the manufacture and installation of air ducts and related components approached us. The company, planning to expand production and develop new products, made the difficult decision to relocate its business to the United States. An important aspect for the client was not just the physical relocation of production, but also the issue of legalization for both the business and its personnel in the USA. The client saw our advertisement and learned that government funding could be obtained for purchasing necessary equipment abroad, which became a significant factor for their further actions.
After the initial consultation, we outlined all the terms of cooperation, explained the conditions of the government funding program, and discussed the mandatory obligations and nuances related to business relocation to the USA, including visa arrangements for the founders and staff.
Work stages:
Preparation and signing of the agreement.
After several stages of negotiations, on 10.03.2024, an agreement was signed, and the client received a questionnaire to fill out, which is necessary for developing a detailed relocation plan and preparing a tax consultation regarding the next steps in the USA.
Filling out the questionnaire and gathering documents.
On 14.03.2024, the client sent the completed questionnaire. Meanwhile, the company was preparing a package of documents (contracts, financial reports, ownership confirmations, etc.), which needed to be sent to the bank after successfully completing the first stage. For convenience, we prepared samples of all necessary documents in advance.
Legal opinion and tax consultations.
On 20.03.2024, we provided the client with a legal opinion regarding the tax burden in the USA, considering different business operation options: purchasing components for the new air duct from Europe or China, or transporting existing equipment from Ukraine. As part of the business consultation, we offered options for legalization for the founders and staff through E-2 and EB-5 visas, which are among the most popular for investors and employees in the USA.
Decision on the next steps.
After careful analysis of all the pros and cons of relocating the business, the client decided to continue operations in Ukraine for the time being. The decision was influenced by both economic factors and the investment required to implement the relocation plan, as well as the business structure requirements in the USA.
This case demonstrates how important comprehensive legal and business consultations are for companies planning relocation or expansion abroad. Cooperation with professionals on such matters allows all possible options to be considered and the most optimal one chosen for each specific situation. It is also essential to consider the legalization of both the business and its employees in the country where the expansion or relocation is planned.
If you liked this case and you are also planning the relocation of your business, we will be happy to provide you with the necessary consultation.
