The Secretary of State Corporations Division categorizes an entity as a foreign corporation when that entity's originating corporation registration was initiated in another state.

Yes, a foreign person or Corporation can form and be the owner of a Delaware Corporation or LLC. Go Back to the Top of the Page

The company will need to complete the application for Certificate of Authority, which may be downloaded from the Corporations Division website at: www.sos.state.ga.us/corporations. The Certificate of Authority should be submitted along with an original Certificate of Existence, which is obtained from the "home state" of the corporation and must be no more than 90 days old.

Georgia laws indicate that a "foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State." However, each law lists a number of activities that "do not constitute transacting business." Thus, if a company's business falls into one of those categories, it is not required to file with the Secretary of State. Corporations desiring to register as a foreign corporation should review the provisions of O.C.G.A.

Any foreign corporation in which more than 50% of the total combined voting power of all classes of stock to vote, or more than 50% of the total value of the stock is owned by one or more United States shareholders on any day during the taxable year.

Any corporation that was created or organized under the laws of a foreign country, which meets Code requirements, or under the laws applicable to any possession of the United States, has no more than 25 shareholders at any time during the tax year, does not have any preferred stock outstanding at any time during the tax year, and maintains an office located outside the United States in a foreign country or in any possession of the United States that meets other Code requirements.

A domestic corporation is incorporated according to North Dakota's laws while a foreign corporation is incorporated according to the laws of another jurisdiction that may be another state, or a country outside the United States.

Here are a few scenarios that you can "generally" apply. Keep in mind that if you have an uncertainty with regard to your status, you should consult an attorney and/or contact the Secretary of State's office of the State in question. A corporation formed in one State will nearly always be subject to another State's laws, including all taxes, if it is determined to be doing business in that other State.

A foreign corporation is defined as a corporation that is not created or organized in the United States or under the law of the United States or any state within the U.S.

The U.S. does not tax income earned by a foreign corporation that is owned by a U.S. person until the earnings are repatriated to United States shareholders. The Code provides various exceptions to this general deferral rule, however, such as the subpart F rules for controlled foreign corporations (CFCs).

The Secretary of State’s staff cannot indicate whether or not a particular foreign corporation must obtain a certificate of authority. A corporation that is uncertain about this question should consult legal counsel familiar with North Dakota laws. A corporation that decides that a certificate of authority is required must obtain it before transacting business in North Dakota.

NDCC, Section 10-19.1-146 lists the consequences of transacting business without a certificate of authority.

Yes, a foreign corporation can form a subsidiary company in Croatia. That company can carry the same name as the mother company, but it is a separate legal entity operating under the Croatian legislation.

A nonprofit corporation is created by filing a Certificate of Formation with the Secretary of State. See Form 202 (Word, PDF). A “nonprofit corporation” is a corporation no part of the income of which is distributable to members, directors, or officers. A nonprofit corporation may be created for any lawful purpose, which purpose must be stated in its Certificate of Formation.

A corporation has officers as described in its bylaws, as provided by O.C.G.A. 14-2-840. The same individual may hold more than one office, including that of President and Secretary. Only a corporation's Chief Executive Officer (person in charge), Chief Financial Officer (treasurer) and Secretary (person who maintains records) are listed with the Corporations Division. The same individual may hold more than one office.