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Business without entity

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leonnoel

Junior Member
What is the name of your state (only U.S. law)? NY

An oversees wine / spirit business has asked me to represent the in them in the US.
what is the best way to ensure business is done properly given that there is state license for handling liquor and order ?
do i need to set an LLC (or else) ?

thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

An oversees wine / spirit business has asked me to represent the in them in the US.
what is the best way to ensure business is done properly given that there is state license for handling liquor and order ?
do i need to set an LLC (or else) ?

thank you

Please describe how you happened upon this business opportunity. I suspect you are in the early stages of a scam...
 

FlyingRon

Senior Member
What do you mean "represent them?" If you are IMPORTING the alcohol, you need a federal license for your business. Further, you are likely required to also have a NY license. You also can't sell to consumers. The law (with very little exception) require a separation between the producer, the importer/distributor, the retailer, and the consumer.

Frankly, you're going to need specific legal assistance. You'll also as the improter have to likely relabel/add labels, which you will have to have approved by the federal TTB. Believe me, that can get very sticky. I have produced two vintages of commercial wine and with great trepidation I send my labels in hoping I've not screwed anything up nor tripping over any unwritten don'ts that the TTB may enforce.
 

Zigner

Senior Member, Non-Attorney
What do you mean "represent them?" If you are IMPORTING the alcohol, you need a federal license for your business. Further, you are likely required to also have a NY license. You also can't sell to consumers. The law (with very little exception) require a separation between the producer, the importer/distributor, the retailer, and the consumer.

Frankly, you're going to need specific legal assistance. You'll also as the improter have to likely relabel/add labels, which you will have to have approved by the federal TTB. Believe me, that can get very sticky. I have produced two vintages of commercial wine and with great trepidation I send my labels in hoping I've not screwed anything up nor tripping over any unwritten don'ts that the TTB may enforce.

I think it's more likely that the folks overseas are going to send him a big check and tell him to cash it and then to send most of the money off to purchase supplies (or whatever) while keeping a small amount for his trouble.
 

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