Provide a brief description (or title) to your question. Details should go in the next box.Dear Sir,

UPDATED: May 8, 2009

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Provide a brief description (or title) to your question. Details should go in the next box.Dear Sir,

Could you please advice on the following matter.An Indian company is interested in manufacturing products in India and since I have the technology know how they are ready to go-ahead with me either by partnering with me or just by technology transfer. General perception of Indian customer is USA based product is better than local product and would not try local made product. In order to increase revenue and contact new customers to try new Indian make product, that Indian company would like to use USA address on the labels which goes onto products. If, I decide to partnering with them,1.tHow can we WORD (technically and legally) the label (which goes onto the product) which serve the purpose?2.tDo I have to form corporation or LLC in order to protect my self for any future problem? If so, do we have to create one companies – one in India and another is in USA? OR do we have to create two separate companies (entity) one in India and another is in USA where US based companies is only responsible for technology and Indian based companies is responsible for manufacturing and sales. Which route makes more sense – how and why?Thank you.Regards,Vipul Shah

Asked on May 8, 2009 under Business Law, California


E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In order to protect yourself, your company, and your "technology know how", you should consult with a lawyer who is knowledgeable about working with overseas companies.  This also ensures that you remain in compliance with the laws of India.

A list of attorneys may be found at:

A competent business attorney can guide you into figuring out what type of corporation you'll need to set up; work with you on making sure you retain the rights (intellectual property) rights to your know-how; and just help to make sure that you have a profitable business venture with this company.

You could also try contacting the Better Business Bureau to see if they have any insights to partnering with  companies abroad or could direct you to more resources.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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