Legal Question in Business Law in California
Hi, I am a uk resident who will be shortly bankrupt here. Can I be a director and shareholder of a company in the USA? Namely setup in Bakersfield, California? Will the UK authorities find out?
1 Answer from Attorneys
To the extent this question requires or expects me to opine upon the law of the U.K., I cannot give you an answer, as I simply don't know. Insofar as the law of the U.S. or California is concerned, however, (a) personal bankruptcy would not impair your ability to serve as a director or to be a shareholder in a California corporation, BUT (b) corporations that elect so-called "S" or "Subchapter S" taxation treatment cannot have a nonresident alien shareholder; (c) bankruptcy may be a disqualifying factor under the corporation's articles of incorporation or bylaws; and (d) it seems likely to me that U.K. bankruptcy laws would require the debtor in bankruptcy to make a full and complete disclosure of valuable property owned, so the U.K. authorities would find out about your Bakersfield investments via your own declaration.
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