INTERNATIONAL COUNSEL · BY APPOINTMENT ONLY

Atchuthan Sriskandarajah attorney

Toll-free intake · Consultations by appointment · Intake available in English and Spanish

QUICK ANSWER
Colombian entrepreneurs and companies seeking to establish a US brand or corporate presence can obtain guidance on trademark registration, entity formation, licensing, and compliance with US sanctions and anti‑corruption laws. The process often involves apostille authentication of Colombian documents for recognition in the United States.

Atchuthan Sriskandarajah attorney

Atchuthan Sriskandarajah attorney

Atchuthan Sriskandarajah—Mr. Sris—is the founder and managing attorney of Law Offices of SRIS, P.C., a US law firm whose practice encompasses brand protection, entity formation, licensing, and cross-border business transactions. He concentrates on helping Colombia-based entrepreneurs, investors, and established companies build their US brand and corporate presence while remaining compliant with both US federal and state law and the governing rules of the Colombian side. Whether you need to register a US trademark, form a Delaware or Virginia limited liability company, negotiate a licensing agreement that crosses the US–Colombia border, or understand how US sanctions and anti-corruption statutes affect your planned operations, Mr. Sris provides the US-side counsel. He works closely with foreign-jurisdiction Of Counsel when a matter requires Colombian-law input, ensuring that every element respects the jurisdictional firewall required by professional-conduct rules in both countries. To discuss your cross-border brand or entity matter, reach Mr. Sris and the firm at (888) 437-7747.

How Mr. Sriskandarajah Assists with US Brand and Entity Matters for Colombian Enterprises

US brand protection and corporate structuring for Colombian enterprises demand familiarity with both US intellectual property law and the cross-border mechanisms that give effect to Colombian business documents in the United States. Mr. Sriskandarajah regularly advises Colombian founders, family offices, and midsize companies on the most appropriate US entity form—such as an LLC, a corporation, or a limited partnership—consistent with the owner’s tax and liability objectives. He guides clients through the US trademark registration process before the United States Patent and Trademark Office, conducting clearance searches, filing applications under Sections 1(a) or 1(b) of the Lanham Act, and managing office actions when a mark’s descriptiveness or likelihood of confusion is at issue. Because a Colombian company’s legal existence must be demonstrated in US dealings, he also facilitates the authentication of Colombian certificates of incorporation, powers of attorney, and other public documents under the 1961 Hague Apostille Convention, to which both the United States and Colombia are contracting parties. An apostille issued by the Colombian Ministry of Foreign Affairs eliminates the need for chain-legalization for most US purposes, a step that often saves weeks of processing time.

Cross-border entity maintenance introduces additional compliance layers. A US subsidiary of a Colombian parent must observe US corporate formalities (annual reports, registered agent, franchise-tax filings), while its Colombian parent may need to navigate the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctions screening. As of 2026, Colombia is not subject to comprehensive OFAC sanctions; however, any transaction that touches a sanctioned country or a Specially Designated National (SDN) requires careful due diligence. Mr. Sriskandarajah also assists with the US side of cross-border licensing and distribution agreements, ensuring that territorial rights, governing-law clauses, and dispute-resolution provisions are enforceable under US law and compatible with Colombian legal norms, while observing the US Foreign Corrupt Practices Act (FCPA), which imposes anti-bribery and books-and-records obligations on US-domiciled enterprises and on any person acting in US territory. Where a contract must also be reviewed under Colombian codes, the firm’s Of Counsel network is engaged, but the US-law analysis remains under Mr. Sris’s direct supervision.

Frequently Asked Questions

Can a Colombian citizen form a US limited liability company (LLC)?

Yes, a Colombian citizen can form a US LLC, and no US residency or citizenship is required. The process involves filing articles of organization with the Secretary of State of the chosen jurisdiction (e.g., Virginia or Delaware) and appointing a registered agent with a physical address in that state. The owner must also obtain a US employer identification number (EIN) from the Internal Revenue Service, which can be done online or by mail. Ongoing compliance obligations—such as an annual report and franchise tax—differ by state. Mr. Sris prepares the formation documents and advises on the state-specific formalities that keep the entity in good standing.

Is a US trademark valid in Colombia?

No; a US trademark registration with the United States Patent and Trademark Office protects the mark only within the United States. To protect the same mark in Colombia, a separate registration must be obtained before Colombia’s Dirección de Signos Distintivos of the Superintendencia de Industria y Comercio. However, a US registration can serve as the basis for a Colombian application under certain reciprocity arrangements. Mr. Sris handles the US filing and collaborates with Colombian-licensed Of Counsel for the Colombian side, ensuring that the two registrations are consistent and that priority dates are preserved where applicable.

What is an apostille, and why do Colombian business documents need one?

An apostille is a certificate issued under the 1961 Hague Apostille Convention that authenticates the origin of a public document for use in another contracting state. Since both the United States and Colombia are parties, a Colombian certificate of incorporation, a power of attorney, or a court order can be apostilled by Colombia’s Ministry of Foreign Affairs and then relied upon by US banks, the USPTO, and courts without further consular legalization. The firm routinely coordinates apostille procurement and confirms the current competent-authority list so that clients’ documents are accepted by US institutions on the first submission.

How does the FCPA affect a Colombian company’s US operations?

The Foreign Corrupt Practices Act (FCPA) can apply to a Colombian company that issues securities on a US exchange, that is a “domestic concern” under US law, or whose agents act in US territory in furtherance of an improper payment. Even companies with no securities listing may be caught if a US-connected dollar transaction, wire, or email is involved. The FCPA’s anti-bribery provisions prohibit offering anything of value to a foreign official to obtain or retain business, while its books-and-records provisions require accurate internal accounting controls. Mr. Sris advises Colombian businesses on designing compliance programs that mitigate FCPA risk and that align with the Colombian Estatuto Anticorrupción (Ley 1474 of 2011), working alongside Colombian-admitted Of Counsel when the matter extends to Colombian regulatory enforcement.

Do OFAC sanctions currently restrict business with Colombia?

As of 2026, Colombia is not subject to comprehensive OFAC sanctions; however, certain Colombian individuals and entities have been designated under the Foreign Narcotics Kingpin Designation Act and other targeted programs. Any transaction that indirectly involves a blocked person—for example, through a joint venture with a Colombian partner who is on the SDN List—can result in severe US civil and criminal penalties. OFAC regulations change rapidly, so the firm screens prospective counterparties against current sanctions lists and, when Colombia-law questions arise, engages Colombia-licensed counsel for the local analysis.

What is the difference between a US corporation and a Colombian sociedad anónima (S.A.)?

A US corporation—whether a C-corporation or an S-corporation—is governed by state corporation law, while a Colombian sociedad anónima follows the Colombian Commercial Code (Código de Comercio) and is supervised by the Superintendencia de Sociedades. Both entities offer shareholder limited liability, but key differences exist in capital-formation rules, director liability, and dissolution procedures. For example, a US corporation may issue shares with varying rights by contract, while a Colombian S.A. must follow statutory share-class rules. Mr. Sris explains the US entity’s governance structure and then coordinates with Colombia-admitted counsel to ensure consistency with the Colombian side, particularly when the US entity is a subsidiary of a Colombian holding.

Can a US attorney review a Colombian commercial contract?

A US attorney can review the provisions of a Colombian commercial contract to the extent they are governed by US law, but only a Colombian-licensed attorney may advise on the contract’s Colombian-law aspects. Mr. Sris routinely reviews cross-border distribution, agency, and franchise agreements for US enforceability, choice-of-New-York-law clauses, international arbitration provisions, and the implications of US statutes like the FCPA or federal antitrust laws. When a provision implicates Colombian statutory codes, the firm refers it to Colombia-admitted Of Counsel, who then issues an opinion under Colombian law. This jurisdictional division is essential to avoid the unauthorized practice of law and to deliver competent counsel in each legal system.

What is the lex loci celebrationis doctrine, and why does it matter for a US brand partnership with a Colombian company?

The lex loci celebrationis doctrine holds that a contract—or a marriage—validly entered into in one jurisdiction is presumptively recognized as valid in another, provided no strong public-policy exception applies. For a US brand partnership with a Colombian company, this principle supports the recognition of the Colombian entity’s legal existence and the enforceability of its founding documents in US courts when properly authenticated. The doctrine does not, on its own, confer US legal status; rather, it provides the choice-of-law framework that US courts use to determine whether a Colombian partnership agreement should be given effect. Mr. Sris ensures that the governing-law and forum-selection clauses in the cross-border agreement are drafted so that this and related doctrines operate in the client’s favor.

About Mr. Atchuthan Sriskandarajah

Mr. Sris is the Owner and Founder of Law Offices of SRIS, P.C., a US law firm established in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before entering private practice, he served as a prosecutor, an experience that sharpened his analytical approach to evidence and procedure. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). He is not licensed to practice Colombian law, and his role in cross-border matters is limited to US legal analysis, working collaboratively with independently-retained Colombian attorneys when a matter requires Colombian-law advice. For a consultation on your brand or entity needs, call (888) 437-7747.

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney responsible for this advertising in the State of New Jersey: Atchuthan Sriskandarajah, Esq. Mr. Sriskandarajah is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Law Offices of SRIS, P.C. is a US law firm with an international clientele. The firm collaborates with foreign-jurisdiction Of Counsel attorneys on matters involving foreign law. No attorney in the firm or its Of Counsel network practices law in a jurisdiction where they are not admitted. This page provides general legal information; it is not legal advice and does not establish an attorney-client relationship. Foreign attorneys collaborating with the firm are not admitted to practice law in any US state, and their work is limited to matters of foreign law and to liaison roles with US-licensed attorneys.

Atchuthan Sriskandarajah, Esq.
Owner and Founder, Law Offices of SRIS, P.C.
Admitted in Virginia · Maryland · District of Columbia · New Jersey · New York

Category

Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.