Question from an IM Member:
Q: “Will I be able to have the (foreign) company in my name or will there have to be other arrangements?”
A (by Ed Marsh): Would you want to have the company in your name? After all, part of the reason you are undertaking this effort is to limit risk exposure. There are a variety of structures for corporate ownership that dramatically increase the degree to which your assets are protected. Foreign trusts, for instance, holding the shares of a corporation, are generally difficult to penetrate through legal proceedings.
So the answer is that local regulations will dictate how ownership of a local corporation may be structured, but direct ownership is in most cases not the preferable configuration even if it is acceptable according to local regulation.
Ed Marsh has in-depth experience on a number of continents, in various capacities and industries. He founded and managed a start-up in India; successfully built channels throughout Latin America; leveraged his German birth and marriage to a German national in his extensive work in Western Europe and has deep cultural experience with Vietnam. Ed’s B2B and B2G pan-global experience has involved a variety of products and services including capital equipment, industrial automation, distribution services and homeland security and defense technology. He is a Founder and Principle at Consilium Global Business Advisors.
Caveat – these are complicated legal issues, which have a variety of potentially serious legal implications. Decisions shouldn’t be made without consulting capable and internationally experienced counsel. These are just practical replies.
PLEASE NOTE: The information contained within this article is based on the best research we could find as of the date of publication. However, the world changes fast and information can become out of date relatively quickly. So, two points… First, before undertaking any action described in this material, please conduct your own due diligence and verify all facts. Second, if you happen to spot an out of date fact or figure (or even suspect something is out of date or false), simply get in touch with us and we’ll look into it. International Man is a network made up of some very smart people – tax specialists, accountants, lawyers, analysts and many other talented individuals. As a group, we can create and maintain a very accurate and highly actionable resource for internationalization.
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