Legal Question in Business Law in California

Foreign board member

For an S-corp is it possible to have board members that is living in Europe? Also is it possible for a Green card holder to own shares in an S-Corp?


Asked on 7/16/07, 4:34 pm

4 Answers from Attorneys

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

Re: Foreign board member

An "S" corporation cannot have a non-resident alien as a shareholder. This limitation would not affect a board membership so long as the board member was not also a shareholder.

I don't know anything about immigration law, so I can't answer the green card question specifically. If the green card is only a work permit, that's not enough. If it is evidence of resident status, that should allow S corp. stock ownership.

Read more
Answered on 7/16/07, 5:06 pm
Michael Cohen, Esq. Law Office of Michael N. Cohen, P.C.

Re: Foreign board member

Depends. The requirement is that they must be a U.S. citizen or resident. So it would probably depend if they are US citizens and not permenant residents in Europe, they may still qualify as a shareholder.

Read more
Answered on 7/16/07, 5:35 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Foreign board member

Yes...a green card holder can own shares in s-corp. Please note that green card means permanent residency.

Read more
Answered on 7/17/07, 11:11 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Foreign board member

Assuming a California corporation: Yes and yes (if by green card holder, you mean resident agent with a social security number). You should, however, be consulting with an attorney and accountant when forming and making modification to a business entity.

Read more
Answered on 7/16/07, 7:45 pm


Related Questions & Answers

More Business Law questions and answers in California