Legal Question in Business Law in California

Can a British company be a "foreign entity doing business in CA" or do they have to form a CA corporation or LLC?


Asked on 10/04/10, 12:32 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The term "foreign" as used in your quoted expression refers to and means an entity organized under the laws of another (non-California) jurisdiction, such as Nevada or South Dakota, but can also mean a non-US jurisdiction such as Great Britain. See Corporations Code section 171 for a definition of "foreign corporation" and following sections for definitions of other business entities including a catchall provision in section 171.07. Foreign entities must qualify to do business in California, but they may do so by registering with the California Secretary of State, paying the franchise tax, and making periodic filings. There is no necessity to form a domestic business entity, although many do for practical business reasons.

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Answered on 10/09/10, 1:03 pm
Jim Betinol Withrow and Betinol Law

The attorney above is correct. Also depending on the type of business you are conducting you may have to comply with local and county laws. If you need assistance on this matter please feel free to contact my office.

Jim Betinol

Attorney, Partner

Withrow and Betinol Law

[email protected]

(t) (424) 229-2560

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 10/11/10, 10:18 am


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