Registering a company
22 augustus 2022 om 15:30 #136239
Once the preliminary steps have been completed and all relevant decisions have been made, it is time to start registering the company. This process varies greatly by jurisdiction, which is why we can only provide general guidelines here.
First, contact your lawyers and start drafting the necessary documents. Most incorporation documents must be signed in front of a notary public, with signatures notarized (and apostilled if necessary).
Preparation of the incorporation documents of the company
Incorporation is an important and quite complicated process, since all documents must be submitted in strict compliance with all legal requirements. Typically, the documents are provided by professional consultants and lawyers who fully manage all the steps involved in incorporation. In most jurisdictions, the documents must be signed in front of a notary, with each party confirming their intention to incorporate a company and providing a specimen signature.
Most documents must be signed by the shareholders and the directors. As a rule, it is also possible to authorize a third party with the signature. This can be done with a notarized power of attorney, which allows the incorporation process to be completed remotely without the need for you to visit the jurisdiction. These documents include the memorandum of association, articles of incorporation, confirmation of the director’s approval of the management of the company, a statement of the company’s legal address, proof of equity deposit and a register of shareholders. Additional documents may be required depending on the country.
Our legal team will ensure you get everything you need to start a business, including nominees and a package of documents if required.
If the parent company plans to form a subsidiary, the process is similar and all procedures must be carried out by the parent company officials as the original shareholders. It does not matter who the shareholders are, whether natural or legal persons.
Typically, document creation takes between one and five business days; However, this period varies from case to case and is therefore not certain.
Appointment of director(s) and deposit of equity
While the incorporation documents are being prepared, you must decide who your company’s directors will be and whether you will engage nominee services. This is an important decision that must be made before the final documents are prepared as the names of the directors and shareholders must be known and provided. If you intend to use nominee services, you should let your solicitors know before they start preparing the documents, as changing your mind later in the document development will result in all the paperwork having to be redone, which will be additional work for the lawyers and means additional work for you.
Once the directors’ names are known, they must be appointed by getting them to sign certain corporate documents, provide their personal information and give their written consent to appointment as directors.
After the directors are formally appointed, they should contribute a minimum amount to the company’s equity. Initial equity contributions are to be made before submitting the documents to the commercial register. In most countries, the bank opens a temporary bank account that is only valid for one specific purpose: depositing equity. Once the company is successfully registered, the account can be converted to an active corporate bank account at the request of the director(s). Proof of the capital contribution is usually submitted to the company register.
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