Can A Non US Resident Form A Delaware C Corporation?

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Can A Non US Resident Form A Delaware C Corporation? There are many reasons why founders all over the world would want to form a Delaware C corporation.

For more on this, you can read our article, Why do Startups Incorporate in Delaware. One popular reason to form a Delaware C corporation for an accelerated growth startup is to establish a US presence that will attract US investors.

Who can be an Delaware C Incorporator or Stockholder?

The State of Delaware site describes who qualifies as an incorporator in Section 101 of the Delaware General Corporation Law:

Any person, partnership, association or corporation, singly or jointly with others, and without regard to such person’s or entity’s residence, domicile or state of incorporation, may incorporate or organize a corporation under this chapter by filing with the Division of Corporations in the Department of State a certificate of incorporation…

In short, any person, regardless of where that person resides, may form a C corporation in Delaware. There is no requirement that the person be a resident of Delaware or a US resident. The US has little to no controls or restrictions on stock ownership.

Visa status has no bearing on ownership or interest in a C corporation. A startup founder in Israel, Chile, Brazil, or California can be a stockholder in a Delaware C corporation. Any founder in any country can own stock. 

However, the US does regulate foreign workers in the United States. If you plan to work for a US C corporation and are not a US citizen or green card holder, proper work authorization / visa is required.

If you are a non-US resident who plans to work for a US company or if you have any questions surrounding your legal status and qualifications as a non-US resident, your Lloyd & Mousilli team is ready to answer all your questions to understand your visa options. Book a free consultation call here.