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Cross-Border

Foreign Direct Investment

A company wants more than a portfolio position abroad: it wants to own and run a business there. That decision, known as foreign direct investment, can be carried out in several ways, and each brings its own legal work.

Reviewed

01 GUIDE

Foreign Direct Investment: what usually happens

Three ways in

Foreign direct investment generally refers to an investment that gives a lasting interest and meaningful influence over a business in another country, as opposed to buying a small number of listed shares. A greenfield investment builds something new, such as a factory or a sales office, and involves formation, permits, real estate, and hiring. An acquisition buys an existing business and brings its contracts, employees, and liabilities along with it. A joint venture shares control with a local partner, which can ease market entry but calls for careful governance terms. Many investors combine these, starting small and expanding later.

Questions every route raises

Whatever the route, investors need to consider whether the host country screens foreign investment in that sector, how the investment will be taxed in both countries, and how profits can be paid out. Employment law, local content requirements, and land ownership rules can vary widely. Where the investment involves technology or data, export controls and privacy rules may also apply. If the investor is based in the United States, U.S. rules on certain outbound investments in sensitive technologies may need review. Bringing in local counsel in the host country early is usually more efficient than adding them after the structure is set.

How a first meeting runs

We ask what the business will do, where, with whom, and how much control the investor wants. That lets us suggest which route fits and what approvals and filings it is likely to need, whether the investment is coming into the United States or going abroad. We coordinate with counsel and tax advisers in the other country so advice on each side fits together. Bring a summary of the plan, the investor's ownership structure, and any term sheet or discussions already under way. The meeting usually ends with a list of open questions and a sequence for answering them.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about foreign direct investment and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.