Quote:
Originally posted by RocHard
You need to be very careful here...... I would just avoid the entire issue by setting up a US presence and doing everything legally.
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I agree with RocHard and others that legally is the way to go. Here are my comment basics which I have previously shared at the peak of the new VISA requirements, this past Fall. Setting up a "corporation" is fairly a simple process, however your need, to easily obtain acceptance and gain a US merchant account is a US "
presence".
In my opinion, the airtight way for a non US resident is to obtain a valid US "corporate presence".
I have both had new corporations set-up for me, and I have also bought a "shelf" corporation that has been on books for 5+ years. shelf corporations are corporations that were previously established, complete with all registrations and established bank account. Although they have had no "activity", they are "clean and current" and have been official business for X number of years, which looks great on the companies DUNNs report, and corporate history searches.
In short, corporate presence is physical business address, listed telephone in business name, local business license, local bank account etc.
You as a non US citizen should look at Nevada, because the State of Nevada corporation law allows a corporation to have "contract officers" who are not the actual owners, but appear and sign off on required corporation registration documents. In your case, the contract corporate officers would be US citizens would move your corporate set-up without the need for disclosure of you being a non citizen owner.
In Nevada, the shareholders are the owners of a corporation, not corporate officers. Nevada does not require the disclosure of shareholder names.
In regards to obtaining a US merchant account, the application would be made on behalf of your US Corporation, and not the individual. This of course is predicated, that the corporation has established it's presence locally within the USA.
If you contact me via ICQ, I will share contact information for people at a Las Vegas legal firm that handles this sort of corporation set-up.