Incorporation and Company Formation
Successfully navigate the complexities of setting up a business in foreign markets with the help of expert legal support. From understanding local regulations to structuring your operations, expert guidance ensures compliance, reduces risks, and helps you establish a solid foundation for growth abroad.
Why is Incorporation and Company Formation Relevant for SMEs?
Properly establishing a business entity is essential for legal compliance, protecting personal assets, and accessing local markets. For SMEs, incorporation provides a solid legal structure, reducing personal liability while enhancing credibility with customers and partners. Additionally, a well-formed company structure supports growth, simplifies taxation, and enables better access to local resources, funding opportunities, and new business relationships.
Challenges Faced by SMEs in Incorporation and Company Formation
- Understanding Local Laws: Navigating the legal requirements and procedures in different jurisdictions.
- Administrative Burden: Managing the paperwork and regulatory requirements.
- Compliance: Ensuring all legal and regulatory obligations are met to avoid penalties.
What Should an SME Do Facing This Issue in a Foreign Country?
- Conduct Thorough Research: Understand the incorporation process in the target market.
- Seek Expert Legal Advice: Consult with local legal experts to ensure compliance and smooth setup.
- Implement Robust Processes: Develop systems to handle the administrative aspects of incorporation.
Common Scenarios
Foreign Direct Investment
Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.
Cross-border Services
Provision of professional or business services to foreign clients without establishing a physical presence.
Export and International Sales
Sale and export of goods and products to foreign markets, including direct sales and sales through distributors.
Import and Procurement
Purchase, import, and procurement of goods, products, and/or parts from foreign exporters and suppliers.
Explore Legal Solutions by Country
Taiwan
Philippines
Canada
- Legal Requirements: Must comply with the Canada Business Corporations Act (CBCA) or provincial equivalents.
- Types of Entities: Corporation, Partnership, Sole Proprietorship.
- Registration Process: Requires filing incorporation documents with federal or provincial authorities and obtaining a Business Number (BN) from the Canada Revenue Agency (CRA).
Hong Kong
Brazil
- Legal Requirements: Must comply with the Brazilian Civil Code.
- Types of Entities: Limited Liability Company (LTDA), Corporation (SA).
- Registration Process: Involves registering with the Board of Trade (Junta Commercial) and obtaining a Taxpayer Identification Number (CNPJ).
India
- Legal Requirements: Must comply with the Companies Act, 2013.
- Types of Entities: Private Limited Company, Public Limited Company, LLP, etc.
- Registration Process: Requires obtaining Digital Signature Certificates (DSC), Director Identification Numbers (DIN), and filing incorporation documents with the Registrar of Companies (ROC).
Vietnam
- Legal Requirements: Must comply with the Enterprise Law.
- Types of Entities: Limited Liability Company (LLC), Joint Stock Company (JSC), Partnership.
- Registration Process: Requires obtaining an Investment Registration Certificate (IRC) and Enterprise Registration Certificate (ERC) from the Department of Planning and Investment (DPI).
China
- Legal Requirements: Must comply with the Company Law of the People's Republic of China.
- Types of Entities: Wholly Foreign-Owned Enterprise (WFOE), Joint Venture (JV), Representative Office (RO).
- Registration Process: Involves approval from the Ministry of Commerce (MOFCOM) and registration with the State Administration for Market Regulation (SAMR).
U.S
- Legal Requirements: Must comply with state-specific corporate laws.
- Types of Entities: Corporation, Limited Liability Company (LLC), Partnership.
- Registration Process: Involves filing incorporation documents with the Secretary of State and obtaining an Employer Identification Number (EIN) from the IRS.
Indonesia
- Legal Requirements: Must comply with the Company Law.
- Types of Entities: Limited Liability Company (PT), Representative Office.
- Registration Process: Involves obtaining a Deed of Establishment, approval from the Ministry of Law and Human Rights, and registration with the Investment Coordinating Board (BKPM).
Malaysia
- Legal Requirements: Must comply with the Companies Act 2016.
- Types of Entities: Private Limited Company (Sdn Bhd), Public Limited Company (Bhd).
- Registration Process: Requires filing incorporation documents with the Companies Commission of Malaysia (SSM).
Thailand
Simplify Business Incorporation with Expert Guidance
Facing incorporation challenges? Instantly access vetted legal professionals and resolve your issues in 4 steps—from anywhere in the world.
Find Your Own Lawyer
and Get a Free Quote
Search, Connect, and Get a Free Quote from Our Experts
China
Daniel Li
Daniel Li
Subject Expertise
Foreign Direct Investment
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Capital Markets & Securities
,
Commercial Contracts
,
China
Haiping Deng
Haiping Deng
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
China
Sylvia Zhang
Sylvia Zhang
Subject Expertise
Corporate
,
Commercial Contracts
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Hongli Sun
Hongli Sun
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Joseph Xue
Joseph Xue
Subject Expertise
Mergers and Acquisitions
,
Corporate
,
Private Equity / Venture Capital (PE/VC)
,
Foreign Direct Investment
,
Commercial Contracts
,
China
Bing Li
Bing Li
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Commercial Contracts
,
Canada
Yin Zhang
Yin Zhang
Subject Expertise
Banking
,
Commercial Contracts
,
Corporate
,
Family and Marriage
,
Immigration
,
Canada
Customer Support Trustiics
Customer Support Trustiics
Subject Expertise
Commercial Contracts
,
Corporate
,
Regulatory Compliance
,
Foreign Direct Investment
,
Immigration
,
Canada
Thassiane Gossler
Thassiane Gossler
Subject Expertise
Capital Markets & Securities
,
Corporate
,
Commercial Contracts
,
Other
,
Mergers and Acquisitions
,
Canada
Martin Aquilina
Martin Aquilina
Subject Expertise
Commercial Contracts
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Emilia Shi
Emilia Shi
Subject Expertise
Capital Markets & Securities
,
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Employment
,
China
Maarten Roos
Maarten Roos
Subject Expertise
Corporate
,
Commercial Contracts
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Frank Lin
Frank Lin
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
China
Susan Wang
Susan Wang
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Other
,
Commercial Contracts
,
China
Hua Wang
Hua Wang
Subject Expertise
Corporate
,
Commercial Contracts
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Kun Tong
Kun Tong
Subject Expertise
Banking
,
Corporate
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Phil Wang
Phil Wang
Subject Expertise
Corporate
,
Commercial Contracts
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Jay Chen
Jay Chen
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Katherine Liu
Katherine Liu
Subject Expertise
Foreign Direct Investment
,
Mergers and Acquisitions
,
Corporate
,
Dispute Resolution
,
China
Mary Mao
Mary Mao
Subject Expertise
Corporate
,
Commercial Contracts
,
Mergers and Acquisitions
,
Bankruptcy & Insolvency
,
Foreign Direct Investment
,
China
Andy Qian
Andy Qian
Subject Expertise
Commercial Contracts
,
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
China
Frances Feng
Frances Feng
Subject Expertise
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Foreign Direct Investment
,
Corporate
,
Commercial Contracts
,
Canada
Emily Wu
Emily Wu
Subject Expertise
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Other
,
Foreign Direct Investment
,
Corporate
,
India
Abhishek Esq.
Abhishek Esq.
Subject Expertise
Dispute Resolution
,
Commercial Contracts
,
Corporate
,
Criminal Defense
,
Employment
,
Brazil
Allex Estolano
Allex Estolano
Subject Expertise
Banking
,
Capital Markets & Securities
,
Regulatory Compliance
,
Commercial Contracts
,
Corporate
,
China
Bessie LIU
Bessie LIU
Subject Expertise
Employment
,
Mergers and Acquisitions
,
Other
,
Regulatory Compliance
,
Corporate
,
Canada
Catherine Ou
Catherine Ou
Subject Expertise
Dispute Resolution
,
Family and Marriage
,
Immigration
,
Real Estate
,
Foreign Direct Investment
,
U.S.
Connie Dai
Connie Dai
Subject Expertise
Commercial Contracts
,
Corporate
,
Employment
,
Foreign Direct Investment
,
Other
,
Indonesia
Fenny Tohir Tohir
Fenny Tohir Tohir
Subject Expertise
Dispute Resolution
,
Banking
,
Bankruptcy & Insolvency
,
Capital Markets & Securities
,
Commercial Contracts
,
Canada
Jie Han
Jie Han
Subject Expertise
Corporate
,
Family and Marriage
,
Canada
Joy Wei
Joy Wei
Subject Expertise
Corporate
,
Commercial Contracts
,
Immigration
,
Will & Estate (and Trust)
,
China
Lee Zhang
Lee Zhang
Subject Expertise
Capital Markets & Securities
,
Commercial Contracts
,
Regulatory Compliance
,
India
Adv. Manish Bhojwani
Adv. Manish Bhojwani
Subject Expertise
Bankruptcy & Insolvency
,
Commercial Contracts
,
Regulatory Compliance
,
Corporate
,
Criminal Defense
,
Canada
Phebe Chan
Phebe Chan
Subject Expertise
Immigration
,
U.S.
Robert Wright
Robert Wright
Subject Expertise
Other
,
Commercial Contracts
,
Indonesia
Roni Marpaung
Roni Marpaung
Subject Expertise
Dispute Resolution
,
Bankruptcy & Insolvency
,
Criminal Defense
,
Crisis Management
,
Other
,
Introduction to Lao’s Intellectual Property Law: Key Updates for Foreign SMEs
Written on:
November 7, 2024
Navigating Indonesia’s New E-Commerce Regulations
Indonesia’s Ministry of Trade has recently introduced new e-commerce regulations under MoT Regulation No. 31/2023 (“MOTR 31/2023”). This was meant to replace MOT Regulation No. 50/2020 (“MOTR 50/2020”). The spirit of these new rules is to protect local small and medium-sized enterprises in Indonesia, as the government views that foreign e-commerce merchants will adversely impact...
Written on:
October 10, 2024
Protect your intellectual property in China (Whitepaper)
Trustiics has collaborated with China IP legal experts in this whitepaper to provide a comprehensive guide to protecting your IP in China in 2023. Our whitepaper offers unique insights and practical advice, including a step-by-step plan, case studies, and expert tips from trusted China IP legal professionals.
Written on:
March 1, 2023