How do expats write legal contracts with USA companies?

[rachelbirder]

How do USA expats write licensing agreements with USA companies if they no longer qualify for state residency?"

I last lived in Kentucky, still work part-time online for my former KY university, my daughter lives in Lexington, but my farm was sold before I moved here four years ago, so I no longer qualify.

Anyone know where I can find information on this, since my google searches found nothing on the subject. The licensing agreement contract has a space to include the home state, but if I write "Kentucky" will the contract be legally binding? If a company fails to pay the percentage agreed, I need legal leverage.

I would also like to form a small LLC for tax purposes, but the contracts also require a home state, and books and info I've seen assume I have a home state.

[Langsuan Man]

Since you have a relative in KY just use her address, which you are in effect claiming as your residence, which is your home state. Don't overthink it, just be grateful that you have a relative that has a real street address and can handle any mail or correspondences for you. If you should need to have anything "notarized" there are several online notarial services available such as:

https://www.notarycam.com/international/

[rachelbirder]

Thanks, and you are no doubt right, but is there a way to confirm that?

If a company tries to weasel out of full percentage payment, their lawyers will likely look for legal loopholes, and I've read horror stories about that.

I suppose I could threaten to report them, at least on internet forums.

Also, not sure if forming an LLC while abroad will get me in trouble with the IRS.

I know there are ways around this, since many expats do licensing with USA companies. I would like to find a forum or book to help me, but the one licensing forum I used to consult has disappeared.

[Langsuan Man]

If you want to be in business you have to take certain chances, and as far as any "legal loopholes" are concerned you are in the US or here in Thailand for a holiday. Pay your taxes and the IRS could care less where you physically are

If you want a confirmation, call or write a local (KY) lawyer

As I said at the outset, don't overthink it

[maccaroni man]

Basic elements of doing business and CYA attorney, CPA. The lawyer writes letters and demands payments the CPA makes all financials real and legitimate.

[rachelbirder]

I found a several free legal advice websites so posted the question at one of them. Supposedly, lawyer experts will answer my question and I will be notified by email. I put the question under the heading category of state laws but it might require a lawyer who deals with overseas issues.

I used to frequent a licensing forum two years ago where several American expats were making licensing deals with US companies using Skype and emails, so I know it can be done. But when I just went back to the forum for advice it had vanished and my google searches found nothing.

Edited December 18, 2014 by rachelbirder

[CaptHaddock]

Thanks, and you are no doubt right, but is there a way to confirm that?

If a company tries to weasel out of full percentage payment, their lawyers will likely look for legal loopholes, and I've read horror stories about that.

I suppose I could threaten to report them, at least on internet forums.

Also, not sure if forming an LLC while abroad will get me in trouble with the IRS.

I know there are ways around this, since many expats do licensing with USA companies. I would like to find a forum or book to help me, but the one licensing forum I used to consult has disappeared.

You are certainly right to anticipate problems that might arise from falsely claiming legal residence in KY and you should get a legal opinion from a qualified lawyer before proceeding. It's almost always easier to avoid such problems ahead of time rather than trying to fix them after the fact, even if you might get away with the falsification.

If the legal advice turns out to be that you do need to have established residence in a state in order to have a valid contract, then there are apparently ways to do that even though you reside physically out of the country, although I do not have experience with this. South Dakota is reported to encourage this practice and Florida may permit it. My mail forwarder provides a service to establish residence in Florida including a driver's license and voter registration, which they claim is legal. Neither South Dakota nor Florida has an income tax.

Let me know if you want the url for the mail forwarder.