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?
4 Answers from Attorneys
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.
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.
Re: Foreign board member
Yes...a green card holder can own shares in s-corp. Please note that green card means permanent residency.
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.
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