Structuring Foreign Investments in the United States

By Jacob Stein Jacob Stein

Most foreign investors are concerned with privacy. To achieve privacy, U.S. assets should be acquired either by a trust, or by an LLC. If using a trust, the investor should not be the trustee and the trust should have a generic name. If using a legal entity, a generic should also be used. Ownership of legal entities is never publicly disclosed in the U.S., but management often is. In Delaware, the name of the LLC owner or manager is not required to be disclosed and it is a preferred state for LLC formation.

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