I’m forming an LLC with co-founders in multiple states and countries. Do I need to obtain a foreign qualification in each of these locations?

Thank you for your question. You will have to register your corporation in every country where that corporation maintains a presence – unless you plan on doing business in multiple European Union nations. This response will cover rough guidelines of the requirements that your LLC business incorporation application would have to satisfy in each nation. I am assuming that you are only want to start a business in nations or states that have a large number of foreign corporations – if you also want to register a corporation in a state other than Delaware or a nation other than the ones listed below or are doing business in multiple EU nations and want to streamline the registration process, message me for more details.

Australia

You must file a paper corporate registration application (Form 201) with the Australian Securities and Investment Commission. The application must state the Australian region the corporation will be placed in, the corporation’s name, the company board of directors/officers, company financial statements and reports. In Australia, a company can be registered within one business day and can do business in all six Australian states. It is recommended that these corporations adopt a company constitution setting out rules for corporate governance.

Canada

You can establish a business in one of Canada’s ten provinces, one of its three territories, or under a federal system that allows your company to do business anywhere in Canada (the United States does not allow this last option).

China

You must verify your business’ name with the State Administration for Industry and Commerce and obtain a business license from this organization. You may have to receive approval from the Chinese National Development and Reform Commission, the Ministry of Commerce, and other industry regulators. The company will also have to register with the State Administration of Foreign Exchange, open bank accounts with a Chinese financial institution, and register with the country’s customs board. Finally, the company must have a corporate constitution establishing the firm’s name, scope, registered capital, shareholder list, and legal representative, among other things.

France

Your company must register with the French Trade Registry by submitting signed bylaws, bank certificates, documents confirming the company’s address, a company summary and additional documentation which varies based on whether the company manger is a person or corporate entity. The company constitution must contain the company’s name, legal form, registered office, and registered capital amount.

Germany

Your company must register with the Commercial Registrar maintained by the local courts. Th application must include a notarized deed of formation, signed articles of association, a shareholder list, and a minimum fee of 682.60 Euros. The firm’s name must include ‘GmbH’ at the end, cannot be misleading, and not be too similar to other company names.

Japan

Your firm must draft and notarize articles of incorporation, which include the business’ purpose, headquarters, and initial cash reserves. The company application must also appoint the board of directors, register with the Japanese Ministry of Justice’s commercial database, and include a name that has the phrase “kabushiki kaisha” at the end.

United Kingdom (England and Wales)

Your company must submit a Form IN01, which sets out the company’s name, type, address, constitution, board of directors and secretary, share capital, and shareholder list. The application must also include an association memo, articles of association, and a minimum fee of 12 pounds. The company cannot have been taken by an earlier firm and must end with the word ‘limited’ in England or ‘Cyfyngedig’ in Wales.

United States (Delaware)

Your firm must file a certificate of incorporation with Delaware’s State Secretary, enter into an LLC agreement, hire an agent authorized to receive legal papers on the business’ behalf, and pay a minimum 89 dollar fee. The LLC’s name must contain the words “limited liability company or ‘LLC’ at the end, cannot be a name that was previously taken by another firm, and must contain one of the following words: “association”, “company”, “corporation”, “club”, “foundation”, “fund”, “incorporated”, “institute”, “society”, “union”, “syndicate”, or “limited.”

I hope this helps.

Need assistance registering your corporation in multiple countries? LawTradeshas international corporate lawyers who can help expand your company around the world. Our legal marketplace offers complimentary consultations ,24/7 customer support, and a satisfaction guarantee. Feel free to message me with any questions!