Chapter 2 - Planning for Global Expansion

As businesses expand their global footprint, they create new legal entities in various jurisdictions. No matter the geography or jurisdiction, every entity goes through the same basic stages.

The teams have to address each of these stages to ensure compliance and good standing of their legal entities, provide for efficiency and minimize costs.

Formation

Forming a legal entity in a foreign jurisdiction is often complicated through diverse requirements. Even finding all applicable regulations and timelines for establishing the local infrastructure may require significant efforts and involving an outside counsel.

Preparing all the necessary documentation, appointing directors, opening the bank account, providing for licenses and IP rights and making all necessary filings involve multiple data touch points.

In many jurisdictions, the process can be even more complicated by requirements for document apostille, restrictions on foreign ownership of local businesses or other specific circumstances.

Maintenance

After an entity is formed in a new jurisdiction, the teams have to put regular efforts into maintaining the entity in good standing. This requires addressing multiple aspects of compliance, including insurance, filings and various other processes.

The legal team needs to be aware and keep track of all applicable requirements and take necessary steps to ensure compliance.

Dissolution

When a business entity reaches the end of its lifecycle, whether due to corporate reorganization, market exit, or other strategic reasons, the teams need to take all necessary steps to dissolve the company. Similar to the process of formation, dissolving an entity involves multiple stages, including checking and correcting for any compliance issues, notifying all stakeholders, closing the bank account and making necessary filings.

Properly managing this process ensures that the entity is closed in full compliance with local laws and avoids any potential legal or financial liabilities.

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