I am opening a business abroad – what needs to be notarised?

When opening a business abroad, you will need to complete the necessary business registrations in the country or countries where you plan to operate from.

As you can imagine, this will very by country. I would always recommend that you use a specialist where you are operating from, as they will be able to offer the right advice for your business model and make sure that no registration or legal requirement is missed.

Your business model and mode of operation, where the directors or members are located and operating systems will all influence what you need to do, as well as local law. As every business is as unique, please do get tailored advice for your needs, and your expectations.

The documents needed vary. Some require the directors to be identified such as a VIF form in Ireland or DIN for India. Some need the existing company documents notarised and then some need to be legalised too. When opening a branch, this usually includes the certificate of incorporation and shareholder details. For more complex holdings, the ultimate beneficial owner information also needs to be obtained and notarised. Powers of attorney (POAs) are a frequent requirement. They can be broad and wide ranging, allowing an agent or firm of solicitors to open the new firm and complete all the necessary paperwork. Other times, it is for a specific task such as opening a bank account in a specific branch. POAs are usually drafted in the country of use. This is to make sure that all usual functions are covered and usually done so by a lawyer. As with any other document, legalisation is determined by the country of use. Typically, commonwealth countries don’t require it, others need an apostille and some need consular legalisation too. This adds time and cost to the process, so always check if it is needed. Conversely, if you need it, and don’t obtain it, the documents will be rejected, and the delay is added to the time it takes to set your venture up.

Most documents needed are created in a paper format, to date, I haven’t created a lot digitally for this purpose. This is mostly due to the recipients and how they accept documents, and the documents themselves.

If you have any questions, or need a quote, please don’t hesitate to contact me.

Need help notarising your documents to set up a new business abroad?

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