According to the Florida Revised Uniform Partnership Act (FRUPA), a Partnership is an unincorporated association of two or more persons created to conduct business as joint owners for the purpose of making a profit.
A partnership in the United States is governed both by the laws of the state where it is registered and by its internal partnership agreement.
Even if no formal agreement exists, when two or more parties conduct business together, share profits, or engage in joint financial transactions, their relationship may still be legally recognized as a partnership. This means the parties automatically assume the rights and obligations imposed by state partnership laws, regardless of their original intentions.
A partnership agreement is a legally binding document that defines the rights, responsibilities, and obligations of each partner in a U.S. partnership.
While U.S. state laws govern partnerships by default, relying on generic legal rules can lead to conflicts and misunderstandings — especially for European entrepreneurs and foreign investors unfamiliar with U.S. business practices. A customized partnership agreement ensures clarity, reduces risk, and protects your interests by tailoring the structure to your specific business goals.
A customized partnership agreement sets out critical terms such as:
Forming a partnership in the United States can be an option for European entrepreneurs and foreign investors who want to start or expand their business in the U.S. market. A partnership offers several advantages, including:
Forming a Partnership is a key milestone for your business - but it’s only the start.
We continue to support your entrepreneurial journey every step of the way.
From legal structuring to business expansion - we are your partner for every phase of your success.
When forming a partnership in the United States, one of the first steps is obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is essential for federal tax purposes and is often required to open a U.S. bank account, hire employees, and comply with state and federal regulations.
You can apply for an EIN online and receive it immediately if you already have a valid Taxpayer Identification Number (TIN), such as an SSN, ITIN, or existing EIN. However, most foreign entrepreneurs and European investorsdo not have a U.S. taxpayer ID. In that case, you must complete IRS Form SS-4 and submit it by fax, mail, or phone.
The IRS does not charge any fees for applying for an EIN, but preparing the form correctly is crucial to avoid delays or rejections, especially for international applicants.
Once your partnership is formed and you’ve obtained an Employer Identification Number (EIN), the next important step is to open a U.S. business bank account to receive payments, manage finances, and establish credibility with U.S. clients and partners.
In most cases, a representative of the partnership must be physically present to open a bank account with a major U.S. bank. However, due to strict banking regulations and Know Your Customer (KYC) requirements, each bank may have its own policies and documentation standards.
To avoid delays, we recommend contacting your chosen bank in advance to confirm the specific documents required. Typically, you’ll need:
Your partnership agreement
A valid EIN
Government-issued identification for the authorized signers
Proof of the partnership’s U.S. address (if applicable)
For European entrepreneurs and foreign investors, navigating U.S. banking requirements can be complex. Our team assists clients in preparing the necessary documentation and streamlining the account-opening process.
A partnership in the United States may choose to protect its name, logo, and brand identity by filing a trademark registration with the United States Patent and Trademark Office (USPTO). Registering a trademark helps safeguard your brand and intellectual property, preventing others from using similar names or logos that could cause confusion in the marketplace.
While there are many online services offering to register trademarks, patents, copyrights, domain names, and business names, it’s crucial to determine the best protection strategy for your partnership. For European entrepreneurs and foreign investors, consulting with an experienced U.S. business attorney ensures your trademark registration is handled correctly and aligned with your overall business goals.
Depending on the nature of your business and the state or city where your partnership operates, you may be required to obtain specific licenses or permits before conducting business in the United States. For example, in Florida, certain industries - such as real estate, hospitality, healthcare, or financial services - have additional licensing requirements at the state or local level.
To ensure compliance, your partnership should consult a licensing specialist or contact the appropriate County Clerk or City Clerk office directly. Understanding and securing the correct licenses early helps avoid penalties, delays, and operational disruptions.