Legal Question in Business Law in Delaware

My Delaware based corporation has a non-US director/partner who lives overseas. My US client requires us to sign a contractor agreement in which we will do the work.

I would like to know whether it is legal and valid that the foreigner director signs on the contract agreement.

Thank you.


Asked on 10/24/11, 2:00 pm

1 Answer from Attorneys

Be mindful that corporations don't have 'partners' they have 'shareholders'. In general, a director of a Delaware c-corporation need not be a U.S. citizen or resident. However, if it is an s-corporation the matter needs to be examined further.

Therefore, whether the particular action in your case is legal or valid should be reviewed by an attorney. In addition, if you are located outside the U.S. you can nominate a U.S. attorney as your representative to help you conduct business in the U.S.

Feel free to contact my office if you have any further questions.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 10/24/11, 10:19 pm


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