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UK Ltd Co. Protection In US Court.

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  • UK Ltd Co. Protection In US Court.

    hi
    just wondering if knows wether being registered as a UK Ltd co. gives you any limited liability protection when being sued in a US court.
    thanks in advance.
    Paul
    Tags: None

  • #2
    Nope. If you don't operate in the US and only in the UK then any succesful judgment would need to be enforced over here and would need to request permission from the courts. There is a criteria for a court to apply if granting an enforcement order of a foreign judgment.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      thanks Rob - currently being sued in Illinois for making an item 'available for sale' in the US but it would have to be produced and posted from UK so would that still come under 'operate in the US'.
      thanks again
      Paul

      Comment


      • #4
        I don't know whether what you describe is considered as operating in the US because I have next to no knowledge of US state and federal laws. What I can say is that there are certain UK laws that allow the enforcement of a foreign judgment. However (and don't quote me on this), I believe there is no statutory law on enforcing US judgments and the common law rules would apply i.e. court decisions.

        Technically speaking, a US judgment would not be directly enforceable against you in the UK but I do know the courts have treated US judgments as a contractual debt, that is assuming it is a breach of contract and damages are sought. If you are talking about a regulatory or compliance thing that is exclusive to the US, then I'm not entirely sure if that could be enforced and the court might want to give it more consideration, especially if you are unable to defend yourself in those proceedings.

        I would suggest you do some research on enforcement of foreign judgments, there will be plenty of information from law firms giving guidance on this around US judgments, so long as you are looking at something recent.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Here's some info - https://www.cliffordchance.com/conte...in-england.pdf

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          • #6
            thanks so much for your response Rob - really appreciate it. will definitely do more research now and start with that link you gave.
            thanks again
            Paul

            Comment

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