American-danish Law firm
We have made it easy and inexpensive to start a business in the U.S. and in Denmark
You may think it is expensive to establish a business in the United States or Denmark. On the contrary, it is not. We have made the process simple and inexpensive. We deliver an all-round solution by taking care of the legal as well as the administrative challenges. In the United States and Denmark, it is essential that all legal requirements are fulfilled upon formation of your business. You can rest assured that we make sure of that.
We assist with legal matters relating to both Danish and U.S. law and assist with many administrative tasks. This results in savings for your company.
Our attorneys are admitted in the United States and Denmark and practice law both in the United States and Denmark. This gives us invaluable international expertise and know-how.
With offices in both Denmark and the United States, we are available in both countries. We are available almost almost around the clock in Denmark or the U.S.
Offices in the U.S. and Denmark
We have offices in New York and Copenhagen and are available almost the entire day. Our presence in the United States and Denmark gives us a true and direct insight into the conditions and challenges that our clients’ face in the U.S. and Denmark
Our international presence is the foundation of our unique international experience and expertise, of course, particularly regarding the “black letter law,” but also with respect to business culture, negotiation techniques and language barriers.
Hover your mouse over one of the practice areas below to read more details.
Companies & Corporate
Visas & Immigration
IP Rights & Trademarks
Venture Capital and M&A
Here is a case example
A business contacts us to open an office in the United States and enter the American market. We assist with an all-around solution:
- Determining what business structure is best suitable and in what state to file for formation of your business.
- Determining what business structure and other conditions put you in the best position of getting a work visa.
- Establishing the business and taking care of all tax requirements and state registrations. Setting up a bank account in the United States.
- Preparing and submitting the visa application for a member of the management who is relocating to the United States to set-up the office, and preparing and submitting the visa application for the accompanying family members and a work permit for the applicant’s spouse.
- Preparation of employment contracts for new American employees, advise regarding terms of employment that are common in the Unites States, registering for payroll tax and all other statutory registrations and insurances for employers.
- Registration of the business’ European Trademark in the United States.
- Determining what intercompany transactions are best suited for the Danish and American businesses and preparations of necessary agreements to ensure the Danish business both in relation to exposure, but also in relation to tax.
- Preparation and negotiation of distribution agreements and other commercial agreements with commercial customers.
- Preparation and filing of the annual tax return in the United States, and taking care of ongoing compliance and statutory reporting requirements.
Our all-round services make it easy and cost effective!
We have assisted Danish businesses in the United States for many years. As a result, we have a unique understanding of and experience with the issues that Danish businesses are facing in the United States – and how to solve them!
We have fixed prices for the following services.
We help prepare and file tax returns for the IRS and state authorities. We assist our clients with the federal as well as state tax authorities.
We set up payroll for you to pay your employees in the United States, help you take care of statutory insurances and statutory registrations for employers.
We take care of ongoing compliance requirements to ensure statutory reports to relevant authorities are submitted and deadlines are met.
We assist in opening an American bank account, including in cases where the management resides outside the U.S.
We help facilitate the statutory designation of a registered agent for business entities formed in the United States.
We can provide a virtual address, allowing you to focus on running business.
If your company is obligated to charge sales tax, we can prepare and file the ongoing sales tax returns.
We also assist with in a number of other services such as depositing checks into your account, the annual 1099 tax forms, etc.
Save Time and Costs!
Because we assist with both U.S. and Danish law, we provide legal solutions that are linked and consistent on both sides of the Atlantic–in contrast to several counselors’ partial solutions that are often uncoordinated and inconsistent.
This is faster and often results in significant savings for our clients. We also understand the importance of utilizing modern technology in our business and to be directly available to you.
Meet our attorneys
Attorney Beau Russell from Thomas Martin will be speaking at Nordic LA's "Creative Industry Event" at ARoS Museum in Aarhus on October 30, 2019 about securing work visas to the United States. Read more about the event and sign up here:...
Thomas Martin Law Firm recently secured a substantial award for damages for a client involved in a contract dispute in commercial arbitration in New York City. The client, a Denmark-based company engaged in international business, suffered a six-figure US$ loss...
Relocating as U.S. Citizen with your Foreign Spouse to the U.S. – the Petition Process, Consular Processing, Short Cuts and Pitfalls
By Beau Russell, attorney at Thomas Martin LLP, New York/Copenhagen A common U.S. relocation story begins when a U.S. spouse and their foreign partner, living abroad, decide to move to the U.S. Maybe the U.S. Citizen spouse is ready to “go home” or maybe an...
Frequently asked questions
Is it complicated establishing a business in the United States?
No, it is not a difficult process to establish a business entity in the United States. A business can be established in a few days. There are flexible regulations regarding who can be a part of management. Management does not need to reside in the United States. However, if management does not reside in the U.S., it may take a few weeks to receive a tax identification number (“EIN”) for the business after formation.
Here at THOMAS MARTIN, we have made the process simple and easy. All documents can be signed electronically. The process itself takes place as follows: We mail in the initial documents to form the business entity as the “incorporator” and send you a set of documents to be signed by you electronicly.
Is it difficult to get a work visa for the United States?
It is not simple to get a work visa to the United States. There are many different requirements that you need to meet, and meeting these depends on what type of work visa you are applying for. It is important to plan well ahead as the process may take several months, and you have to consider all the legal aspects from day the outset that may have an influence on you successfully getting a work visa.
Factors that determines whether you get a work visa is choice of business entity, ownership, management, investments, position and responsibilities, agreements entered into, office, business plan, loans, etc.
THOMAS MARTIN’s all-around service not only helps you decide what type of business entity to choose but also considers all the aspects that may influence your path to getting a work visa in the same process . It is this all-around service which is the reason we can deliver solutions that create the most favorable situation for you in the process of applying for work visas and in all aspects when establishing your business in the United States.
There are two categories of E-visas.
E-1 Visa: This is a Treaty Trader Visa and may be given to, among others, Danish citizens, working in an enterprise with substantial international trade, and where a substantial part of the international trade is between the United States and Denmark.
E-2 Visa: This is a Treaty Investor Visa and may be given to, among others, Danish citizens who have made a substantial investment in the United States, and where the applicant is coming to the United States to develop and direct the investment.
There are a number of other detailed requirements for both of the E-visas.
With an L-Visa, a Danish business entity can apply fir an intra-company transfer of an employee (“transferee”) to one of its affiliated American offices if the transferee is in an executive or managerial capacity or has “specialized knowledge” with respect to the enterprise, or its products, services, techniques, etc. Furthermore, there are specific requirements for the length of employment the transferee has had in the transferring company and for the position and responsibilities in the new position in the U.S.
An American employer can employ foreign employees with specialized knowledge with an H-1B Visa. The numbers of H-1B visa granted per year is limited, and the application can only be filed once a year.
Persons with an “extraordinary ability” may qualify for an O-Visa. The visa requires a proven extraordinary ability in a particular field, proven by, for example, awards, sustained international or national acclaim, education, advisory opinions etc.
What is the cost?
Our services cost less than most think when they contact us. We have made our work cost-efficient by delivering an all-around solution. We have fixed prices on many of our services. However, we can provide a cost estimate on services that do not have a fixed price.
When do I need an attorney?
It is recommended to engage an attorney in the early stages of considering to start a business in the United States. There are many legal matters and considerations that need to be addressed early on and which, otherwise, become obstacles or cause problems at later stages.
Can I use my Danish contracts and agreements in the United States?
Danish and American contract law is different in many ways. American contracts are typically more comprehensive and detailed than Danish contracts. We do sometimes come across a case where a Danish business wishes to translate and reuse a Danish contract in the United States. This is not recommended. In addition, the Danish contracts often do not follow the typical structure that is the norm with contracts in the United States.
In the United States, the majority of contracts follow a standardized structure, follow typical logical principles, and use standardized terms. If a contract does not follow this structure, principles and terms, then an opposing party may become hesitant because Americans expect contracts to follow American custom.