I own the company at the moment i repeatedly request to form a u.s corporation with the money we got he was avoiding to do so bcuz he wanted to make sure we make 50-100K before we make any company which sounded fishy to me.
Ah, well in that case, perhaps it's your erstwhile partner who is screwed. If you have the company and physical control over the site, domain, etc... it sounds like it would be difficult for him to actually get at you.
He could still sue but :
- Does a US court have jurisdiction on a foreign company operating from a foreign country and that has no legal entity in the US ?
- Even if they could, what can they do other than prevent that company to make any business in the US ?
- And then, can't the OP just make another company in his country that would buy the assets from the previous one ?
no, it's near-impossible to sue unless they have a physical presence in the United States.
Additionally, an American investor can't be an individual investor in an Indian corporation.
If they really wanted to be on the "up-and-up", the American investor would have set up an American company, with the Indian company as a 50% investor. Then, the Indian company would sign a legal document assigning all copyrights to the American company.
Since nothing was on the up-and-up, and nothing was even signed (I hate email/telephone contracts), the American investor has very little leverage. Since he's threatening to sue, I would exploit it.
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I own the company at the moment i repeatedly request to form a u.s corporation with the money we got he was avoiding to do so bcuz he wanted to make sure we make 50-100K before we make any company which sounded fishy to me.
Ah, well in that case, perhaps it's your erstwhile partner who is screwed. If you have the company and physical control over the site, domain, etc... it sounds like it would be difficult for him to actually get at you.
By the way: when replying, use the 'reply' link.
He could still sue but : - Does a US court have jurisdiction on a foreign company operating from a foreign country and that has no legal entity in the US ? - Even if they could, what can they do other than prevent that company to make any business in the US ? - And then, can't the OP just make another company in his country that would buy the assets from the previous one ?
(I don't know the answers to those questions)
no, it's near-impossible to sue unless they have a physical presence in the United States.
Additionally, an American investor can't be an individual investor in an Indian corporation.
If they really wanted to be on the "up-and-up", the American investor would have set up an American company, with the Indian company as a 50% investor. Then, the Indian company would sign a legal document assigning all copyrights to the American company.
Since nothing was on the up-and-up, and nothing was even signed (I hate email/telephone contracts), the American investor has very little leverage. Since he's threatening to sue, I would exploit it.