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International Business Considerations Essay

2425 words - 10 pages

Each student is required to write a project applying what we learn in class to real-life situations. Imagine that you are an international lawyer practicing in Portland and you have recently been hired by the two clients described below. Your job is to identify the issues that each client will encounter in this project and to put together a strategic plan to deal with these issues.1.Samdai is a large Korean car manufacturer that has secured a substantial portion of the car market in Korea and in many other Asian countries. However, to date, Samdai has not sold any cars in the US. Samdai has recently decided to enter the US market and has hired you as its lawyer to handle the legal issues ...view middle of the document...

If Samdai wants to offer exclusivity then we will need to form a Distribution Agreement where in it specifies "minimal performance requirements" so that if the distributor does not perform to a satisfactory level, Samdai can remove the exclusivity.Samdai is going to need to set up some kind of permanent establishment in the region and it would be very easy for Samdai to set up a business in the United States. There are very few restrictions and it's very simple. I would suggest that they set up a Limited Liability Company (LLC) rather than the Subchapter C. Corporation to avoid the double taxation, as well there is no limitation on foreign ownership. In order to set up a corporation for Samdai we will need to write out Articles Of Incorporation. For the Articles Of Incorporation we will need to find outs the basic information about their company. They will need to choose a name for the United States-based company, a number shares, the value of the shares and the purpose of the company. The Articles Of Incorporation will need to be signed and filed in Salem or what ever State they want to register in. We will also have to write out the bylaws for the company these are simply rules for the company, responsibility off the officers and directors and so on. We will need to a create a form of consent which is a document signed by all of the shareholder's directors and officers to authorize those in charge to act on and in behalf of the Company. Finally we will need a subscription agreement. Samdai needs to decide if they want you to build a factory in the United States and produce its cars here are or if it would like to continue to build them in Korea and import them overseas into the United States. We will need to investigate how much it's going to cost to import verses produce them domestically, most likely it will be more cost effective to import them. We will need to investigate a tariff classification and how much the tariffs are going to be.Samdai is going to need to decide on what kind of real estate deal they want to make. They will need to decide if they would like to buy or lease. If they are fairly serious about being in the US market for long period of time they will probably want to purchase some real estate rather than the lease. I would suggest they use a broker so they can find the most suitable piece of real estate that would be ideal for their needs. When a suitable piece of real estate is found that they would like to purchase we will need to meet with the seller and create "purchase and sale agreement" and be ready to pay some earnest money. At which time we will go through our process of "due diligence." This is when we investigate the land to make sure that the environmental surveys are carried out, to make sure that it is zoned correctly so we are able to use the land the way we intend to. Also make sure the title is clear and that there are no liens blocking the ownership. All of these contingencies will be written into our...

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