Quincy Compressors - NOT AMERICAN
Quincy Compressors - NOT AMERICAN
Jononon - let's make sure we are talking the same thing when we say "doing business" - so yes, a foreign company can issue purchase orders to a US company to buy things without needing a US corporate entity, for example
but if one wants to "do business" in this country (which is a state by state issue and you have to incorporate (or form an llc or partnership or some other recognized corporate form) - so let's take NY as an example:
there are 2 tests - whether you are conducting activities that are core to your business and whether there is enough contact with the state to create taxable presence and jurisdiction for being sued
The traditional test of doing business for purposes of CPLR § 301 is "transacting any business"
The classic statement of that principle is that for a state to assert jurisdiction the defendant must have "certain minimum contacts . . . such that the maintenance of suit does not offend traditional notions of fair play and substantial justice."
So the business's conduct and connection with the forum state must be such that he should reasonably anticipate being brought into court there.
What is important is that it takes a higher level of contact to invoke the qualification requirement. however, not all business activity engaged in by a foreign organization rises to "doing business" in the qualification sense
("[T]he foreign corporation must do more than make a single contract, engage in an isolated piece of business, or an occasional undertaking; it must maintain and carry on business with some continuity of act and purpose."
Most of the law of "doing business" is found in the decisions of courts. Those cases afford no precise measure of the extent of the activities which may be determinative of whether a foreign organization is doing business in New York for purposes of qualification. If the activity is vital and essential to the organization's business, it will have to qualify. If the activity is merely incidental to that business, it will not.
Once you determine that you must qualify to do business in a state and so in the US, you can only qualify as a recognized legal entity
In other words, if you place an ad here, sell out of your home country to someone here, buy something from here for use in your home country you are right - no need to act as a US corporation
but, if you "do business" in the US, you can only do so as a US corporation - so Honda, for example, cannot conduct business in this country (for example, manufacture cars) other than by establishing a US subsidiary
when i started this thread my thinking was not so much whether quincy is good or not - it may be great - even using chinese pumps, even being owned by the swedes - but you cannot say it is an american company - it was meant to be a simple point - thanks
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