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The UK US Trade Deal in Practice: What UK Companies Expanding to America Need to Know About Tariffs, Trade Compliance and Cross-Border Contracts

Under Delaware law, and generally across the US, directors owe two primary fiduciary duties to the corporation and its shareholders: the duty of care and the duty of loyalty. The duty of care requires directors to make informed, deliberate decisions based on all material information reasonably available to them. This means actively participating in board meetings, reviewing corporate documents, and asking critical questions of management
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Building a US Board: What UK Companies Need to Know About Corporate Governance

Under Delaware law, and generally across the US, directors owe two primary fiduciary duties to the corporation and its shareholders: the duty of care and the duty of loyalty. The duty of care requires directors to make informed, deliberate decisions based on all material information reasonably available to them. This means actively participating in board meetings, reviewing corporate documents, and asking critical questions of management
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Expanding a UK business into the United States presents a significant opportunity for growth, but it also introduces a new and complex legal landscape, particularly concerning employment.
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For UK founders looking to raise capital from US investors, understanding the nuances of early-stage financing instruments is crucial. In recent years,
For UK companies venturing into the US market, navigating the complexities of the American tax system is a critical component of a successful expansion. The United States employs a multi-tiered tax structure, with distinct obligations at the federal, state, and sometimes local levels. At the federal level, the primary taxing authority is the Internal Revenue Service (IRS). A UK company operating in the US will typically be subject to federal corporate income tax on its US-sourced income.
When UK companies begin to operate in the United States, they often assume that the shared language and legal heritage will translate to similar contractual principles. However, this assumption can be a costly mistake. While both legal systems are rooted in common law, their paths have diverged significantly over the centuries, leading to critical differences in contract law.
signing a terms sheet
For a UK founder, receiving a term sheet from a US venture capital firm is a major milestone, representing a serious expression of interest to invest. However, it is crucial to understand that a term sheet is not a definitive contract but rather a non-binding document that outlines the proposed terms and conditions of the investment. It serves as the blueprint for the definitive legal agreements that will follow.
For UK companies accustomed to the more contained and sequential nature of legal proceedings in the English courts, the discovery process in United States litigation can come as a significant shock. It is arguably the most defining feature of the American legal system and represents a fundamental departure from the UK's concept of "disclosure."
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For UK companies expanding into the United States, protecting your brand is not just a legal formality; it is a critical business imperative. A strong brand is one of the most valuable assets a company can own, and in the vast and competitive US market, it is essential to take proactive steps to safeguard it.