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     常見的例如化妝品、食品、服裝,甚至虛擬主機等,無論您是接受國外廠牌的委託,或者是國內廠商欲參與成為國外知名廠牌或品牌電商的供應商,抑或您希望引進國外產品或軟體服務,但希望是以自有品牌在台灣行銷,凡此種種,無論您是作為品牌商或製造供應商,都一定要了解英文的委託製造契約,常見名為private label or white label product agreement / private label or white label manufacturing agreement 或簡單名為 supply agreement。


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本所合作律師Terrence L. Olsen與本所主持律師蔡佩蓁律師共同為文,提醒台灣廠商對外投資時,尤其是赴美設廠製造加工組裝,或設立營業據點時,應在一開始時徹底思考、詳為擘化,針對設立美國公司應具備的營運計畫(Business Plan),應在哪些方面充分思量準備呢?本文除提醒台灣企業,亦提出美國律師應對外國投資者的母國文化與心理有所認知。本文並已於2017年3月3日刊載於ILW.COM(全美最大的移民法資訊網站)。

The Devil is in the Details of the Business Plan:
Starting from the Initial Organization, and Current Operation of the Foreign Entity & Following to the Development, and Growth of the U.S. Investment Enterprise


Recently, there have been many articles, and blog discussions about the future of international investment for the United States. There is much speculation in terms of whether, or not the EB5 Immigrant Investor Program will survive past the end of April 2017, and whether or not its requirements will be changed to go beyond what would be useful for any potential investor(s).

Furthermore, there is much talk, and hope about the new “start-up” International Entrepreneur Parole program, and how this can boost the U.S. economy by creating jobs, and projects—and whether, or not it will remain in effect for 2017 to become a useful reality. And of course, there is much concern about whether, or not the rules & scrutiny for E-2 Treaty Investment ventures, and L1A/L1B Intracompany Transferees will become more strict, and thereby less flexible to maneuver.

With this said, life will go on, and investment into the United States will go on. However, it will be, and is more important than ever to understand that investing in the U.S. is very complicated, and that providing investment documents to the U.S. government will require demonstrating all complexities, and explaining all of these complexities of the foreign entity, and its U.S. investment to the U.S. government.

In order to have a successful investment in the United States by a foreign entity, it is essential to become familiar with, and intimately understand the psychology of the foreign entity, its investors, and its country’s investment culture. As per the focus of this article, and its two co-authors, the country of Taiwan, and its business & investment culture is analyzed, and explored to outline important issues to consider from the beginning to middle to end for the foreign/U.S. investment, and the all-important business plan to be submitted to the U.S. government.

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