THOMAS MARTIN

The leading Danish-American law firm. We offer an easy all-around solution for business owners
Get in touchLegal practice areas

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.

360° solution

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.

International expertise

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.

Available 24/7

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.

Practice area

Hover your mouse over one of the practice areas below to read more details.

L

Companies & Corporate

Formation of Companies | Corporate Governance | Mergers and Restructurings | Buying and Selling Companies and Exit Strategies | Shareholders Agreements and Operating Agreements
L

Visas & Immigration

Work Visas and Immigration | Green Cards | L1 Intracompany Transferee for Executive or Specialized Knowledge | E2 Investor Visa | E1 Trader Visa | H1B Specialty Occupation
L

Commercial contracts

International Contracts | Agent and Distributor Agreements | Consultant Agreements and Service Contracts | Software License Agreements | Confidentiality Agreements
L

IP Rights & Trademarks

Trademark Registrations in the U.S. and EU | Protection of Trademarks and Copyright | Privacy Policies and Terms of Service | Software License Agreements
L

Venture Capital and M&A

Seed Investments | Stock Purchase Agreements | Stock Restriction Agreements | Founder Stock Purchase Terms | Technology and Inventions Assignment Agreements
L

Employments

Employment Agreements and Offer Letters| Non-compete and Restrictive Covenants | Confidentiality Terms | Employee IP Assignment and Ownership of IP
L

Taxes

Tax Returns | Sales Tax | Skattemæssige registreringer
L

Disputes

Disputes in Denmark and the United States | Arbitration | Enforcement of Judgments

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:

  • RDetermining what business structure is best suitable and in what state to file for formation of your business.
  • RDetermining what business structure and other conditions put you in the best position of getting a work visa.
  • REstablishing the business and taking care of all tax requirements and state registrations. Setting up a bank account in the United States.
  • RPreparing 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.
  • RPreparation 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.
  • RRegistration of the business’ European Trademark in the United States.
  • RDetermining 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.
  • RPreparation and negotiation of distribution agreements and other commercial agreements with commercial customers.
  • RPreparation 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.

N
Tax Returns

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.

N
Payroll

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.

N
Compliance

We take care of ongoing compliance requirements to ensure statutory reports to relevant authorities are submitted and deadlines are met.

N
Bank Account

We assist in opening an American bank account, including in cases where the management resides outside the U.S.

N
Registered Agent

We help facilitate the statutory designation of a registered agent for business entities formed in the United States.

N
Virtual Address

We can provide a virtual address, allowing you to focus on running business.

N
Sales Tax

If your company is obligated to charge sales tax, we can prepare and file the ongoing sales tax returns.

N
Other Services

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.

Our team

Meet our attorneys

Thomas Thorup

Partner

Thomas is co-founder and partner of THOMAS MARTIN and has over  20 years of experience as a corporate attorney in the United States and Denmark. Thomas is admitted as an attorney in Denmark and California. 

+45 30 52 53 30
thomas.thorup@thomasmartinlaw.com

Martin Dahlgaard

Partner

Martin is a co-founder and partner of THOMAS MARTIN and is an experienced and multi-disciplined attorney. Martin is admitted as an attorney in Denmark and New York.

US: 917-719-1088DK: 36 96 77 66
martin.dahlgaard@thomasmartinlaw.com

Beau A. Russell

Attorney (admitted in California)

Beau has extensive experience in U.S. immigration law and works on all types of immigration matters. Beau is admitted as an attorney in California. He works at our Copenhagen office.

DK: 53 82 53 30
beau.russell@thomasmartinlaw.com

Sanna S. Shenoy

Legal Assistant/Paralegal

Sanna is an experienced paralegal with law degrees from the University of Copenhagen School of Law. Sanna works at our New York office.

US: 917-300-8243
sanna.shenoy@thomasmartinlaw.com

Latest news

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 obtain a U.S. 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. 

Visa Types:

B Visa – Visitor

For either tourism or business, a B Visa may be used to travel to the United States for temporary purposes. Traditionally, this visa can be used for trips for pleasure, tours, business meetings, conferences, trade shows, speaking events or training, among other temporary activities.
In addition to these traditional activities, the B-1 Visa includes several subclasses that apply to special activities such as installation of machinery, domestic workers, specialty occupations, athletes and others.

E Visa – Treaty Investor

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. Denmark is one of these countries.

To qualify for Treaty Trader (E-1) and Treaty Investor (E-2) visas applicants must be coming to the United States either to engage in substantial trade, including trade in service or technology, in qualifying activities, which is principally between the United States and the treaty country, or to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital. Important in developing a sound strategy for obtaining an E visas is proper structuring of both the U.S. business and the investment.

L Visa – Intracompany Transfer

An L-1 visa may be used to send an employee of an international company to their parent, branch, affiliate, or subsidiary company in the United States. To qualify for an L-1 visa, the applicant must be a manager, executive or have specialized knowledge and be destined to a position within the U.S. company in one of these roles. In addition, the employee must have been employed outside the United States with the international company continuously for one year within the three years preceding the application for admission into the United States.

H-1B – Specialty Occupation

An H-1B visa may be appropriate for those coming to the United States to perform specialized services. To qualify as specialized, the individual must hold a bachelor’s or higher degree (or an equivalent degree) in the specific specialty for which they seek employment. The employment must also require such a degree or its equivalent as minimum entry into the field.

O-1 Visa – Extraordinary Ability

O visas are issued to applicants with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel. This visa requires both a job offer and an agent, who can be the same entity. In addition to a job offer and agent, applicants must meet three out of ten specific criteria.

J-1 Visas – Exchange Visitor

J-1 visas may be appropriate for those who wish to come to the United States to participate in exchange programs. These exchange programs may be for business, study, internships, training, au pairs, among others. Before applying for a visa, all exchange visitor applicants are required to be accepted and approved by an authorized program sponsor. When accepted, the applicant will receive from the educational institution or program sponsors the necessary approval documentation to be submitted when applying for a visa.

Family Based Green Card

Lawful permanent residence, or “Green Card”, can be obtained by establishing a relationship to a U.S. citizen or permanent resident family member. Family members include spouses, children, parents and siblings of United States Citizens and in some cases, permanent residents. Generally, an initial petition is made to the United States Citizenship and Immigration Service. An approved petition is then process by the United States Department of State. At the Embassy, the U.S. government will ensure that the family member has no reasons to deny their entry, such as the person is likely to become dependent on public assistance or has committed certain crimes.

Employment Based Green Card

Lawful Permanent Residence, or Green Card, may be obtained based on a job offer and/or an individual´s education and work history. There are numerous classifications under which a petition for a employment based immigrant visa can be made. These include extraordinary ability, higher education, skilled worker, among others.

How we can help you?

With each visa discussed above, Thomas Martin Law has extensive experience in assisting companies and individuals in every step of the process. From the initial review of eligibility to compiling the appropriate documents to scheduling and preparing for the visa interview, Thomas Martin Law has the experience required to expertly prepare an application and solve issues as they arise in the process.

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.

Fill in the form, and we will get back to you within 24 hours

US: 917-719-1088 // DK: 36 96 77 66
service@thomasmartinlaw.com

5 + 8 =