Your business abroad. Is it possible to open a business in another country? Niche and operating principles

The detailed process of opening companies abroad can only be learned in practice: everything is too tied to the legislation of the selected country and to the specifics of your business.

The only way to do this is to try to analyze your own experience (the experience of a specialized law firm) and write general recommendations that will come in handy regardless of the circumstances.

This article is an overview of the procedure for setting up a company abroad.

When you need to open a company abroad

A foreign company is required if:

you work for a foreign market,
You are getting foreign investment(they often require incorporation) or are investment activities,
you carry out currency transactions on your current account,
you arrange supplies from abroad,
you have large property abroad,
you need the inscription "Made in Europe" (or "in America") on the packaging of the goods or in the description of the company on the website and in documents,
you are tired of constantly communicating with tax and customs and giving a huge part of your income to the state.

In fact, most of the reasons can be attributed to one thing: you are tired of wasting time communicating with the Russian tax, customs and other authorities, and also giving the state a huge part of your income. If everything is so, a company abroad can and should be opened.

As the American judge George Sutherland said, “It is impossible to challenge the right of a taxpayer to get rid of paying taxes in any way permitted (or not prohibited) in the country. Everyone can conduct their business in such a way as to keep costs to a minimum. "

About legality

Russian law does not prohibit opening companies abroad and using foreign laws to optimize payments. But our law prohibits investing in foreign businesses and buying shares of foreign companies, so a partnership will not work.

Where to open a company

This question depends on your goals and your budget.

Classic offshore

A company in a classic offshore state is a tool for reducing the tax burden and doing business anonymously.

Here is a list of the reasons why offshore companies are the most popular jurisdictions in the world for starting a business.

No taxes... Companies that are registered under the jurisdiction of an offshore country and do business abroad (that is, do not enter into transactions with local companies, do not sell goods and services to local residents, do not hire them to work) are completely exempt from taxes. Instead of taxes, a "Service Fee" is paid - usually it is several hundred dollars a year.

A minimum of reports. In most countries, there is no need to keep accounting, file returns, do audits, draw up structure reports and other documents.

Local bank account. An offshore company is an open road to a foreign bank account, with which you can easily and quickly carry out foreign exchange transactions.

Here is a list of offshore regions compiled by specialists from the Central Bank:

Antigua and Barbuda, Bahamas, Barbados, Bahrain, Belize, Grenada, Commonwealth of Dominica, Costa Rica, Monaco, etc., as well as a number of territories dependent on Great Britain: Anguilla, Bermuda, British Virgin Islands, Gibraltar, Cayman Islands.

The most prestigious region on the list is the British Virgin Islands. Firstly, they are part of the British Commonwealth of Nations and are dependent on England. Secondly, the economy of the BVI is one of the strongest among the offshore regions, thirdly, the islands speak English language... As a result, most of the offshore companies in the world are open under their jurisdiction (more than 650,000).

China, Hong Kong, Singapore

If you are supplying from China, the best way- proximity to trade routes and grandiose deals. Countries from Asia are suitable: Hong Kong and Singapore, which are in the top of the Index of Economic Freedom, China with its huge resource potential and cheap industries.

United States

The United States is an image, investment potential, intellectual resources and reliable banks. As a rule, IT companies start their journey in America: closer to investors, the best minds and inspiration from other "shot" ideas.

European offshore

If you need low taxes, but you do not have to save on opening a company, European countries - Malta and Cyprus, for example, are suitable.

There are many quasi-offshore companies in Eastern Europe that offer profitable terms for opening bank accounts in stable and modern banks - Latvia, Lithuania, Estonia, Czech Republic and others.

Western Europe

If you need reliable partners, large banks, insurance and the “Made in Europe” signature, the best European countries will do - Switzerland, Luxembourg, the Netherlands. They demand taxes, reports, disclosure of data, but in return give a name to boast of internationally.

In fact, even in the top states, you can find loyal tax systems that will help you save money in international business.

What form of ownership to choose

In almost any country, you can open a limited liability company - Limited Liability Company (LLC) or International Business Company (IBC). This is the cheapest and easiest option: a closed company that can hardly change its structure in any way.

If you are planning to sell or expand a company, it is best to open an Incorporation (Inc.). You can sell it or share it with new partners at any time.

In some countries, the choice of forms of ownership is greater: find out about this when you decide on the geography.

Company formation procedure

In most countries, the procedure is the same:

We need to find a registered agent with a local license. He will represent your interests before the laws and government authorities of the selected country.
Submit incorporation documents. The minimum set includes the Articles of Association and Memorandum of Association, details of the owners (beneficiaries or nominees), confirmation of the legal address (provided by the agent). Some countries may require proof of residential address, letters from banks and other documents.
Pay the registration fee. It also depends entirely on the country.

How to open a current account

A company cannot exist without a current account - the money for each transaction must go through the bank.

The bank does not have to be located in the country in which the company is registered. You can choose any: close to home, with low taxes. It is more difficult to choose a bank: many of them do not like to deal with startups and online stores, some are suspicious of companies from offshore zones. Banks often have a huge set of documentary requirements and poorly organized remote account management.

The most popular option in Russia is Latvian or Czech banks. They have an inexpensive service, good ratings, loyalty to Russian businessmen and Russian-speaking staff (in Latvian banks).

To open an account, you need more documents than to open a company: here is a full set of registration papers, and full information about the beneficiaries, including a second identity card, as well as addresses and their confirmation, university diplomas, various reports - and this is not yet full list... The intermediary company will help to collect all this: it has experience in going through all the procedures.

When a company and an account are opened, you can start working internationally.

For individual advice and assistance in opening a foreign company, please contact the specialists of "Yurhaus".

The specifics of opening companies abroad

If your business is significantly stronger and ready to enter the international market, or you are simply interested in such a question as setting up a company abroad, contact the law firm "Janis Consulting". The specialists of the law firm "Yanis Consulting" have a sufficient level of experience and professional skill to provide comprehensive support in the registration of enterprises and companies of all kinds of activities in any country of the world. With our help, you will quickly and painlessly bypass all the "sharp corners" and bring your business to the international arena.

Even an experienced successful entrepreneur, taking his business to the international level and starting opening a company abroad, due to his extraordinary employment, may admit in this difficult case a series of errors that, at first glance, may seem insignificant, but will bring serious troubles in the future. Opening companies abroad provides for a thorough thinking over the concept of their development and further activities. At the same time, it is imperative to take into account the economic situation within the country in which it is planned to open a company, the peculiarities of its tax system and other factors. In addition, you need to thoroughly know everything. legal issues- such, for example, as the required list of documents when registering a company, and so on.

Lawyers of the law firm "Yanis Consulting" offer a turnkey company registration. This means that we will provide you with all the information you need to carry out this procedure, as well as help with drawing up the package. required documents... Registration of a turnkey company with the law firm Yanis Consulting provides for:

1. Individual development of a unique company name.

2.Preparation of all the necessary information, without which it is impossible successful work companies.

3. Choosing a country for company registration.

4. Help in choosing the form of ownership of the enterprise.

5. Registration of all necessary documentation.

6. Company registration.

7. Help in choosing a bank and opening an account.

8. Legal support of the company, providing advice and assistance in submitting reports.

We can assist in the registration of new companies "to order", as well as help the client to become the owner of an existing registered company. Each foreign project of the law firm "Janis Consulting" is purely individual, as it embodies all the ideas and wishes of the client.

When choosing a country for opening a company abroad we are always guided by the terms of reference entrepreneurial activity in each specific country and choose the most favorable options that guarantee minimal risks and the broadest prospects for the future.

The presence of a branch in one of the EU countries always contributes to the growth of the company's image, emphasizes its reliability and respectability. For any entrepreneur company registration abroad Is a guarantee:

formation of a positive image;

growing trust from customers, suppliers and partners;

unhindered access to the world market;

the stability of the financial system;

ease of maintenance accounting and financial reporting;

liberal tax legislation.

Regardless of the scope of your company, business goals, sources of profit and form of ownership of the company, a team of experienced professionals of the law firm "Yanis Consulting" will help you expand your business and enter a completely new international level for you.

Many Russians, thinking about their own business, see it abroad. In Russia, they say, there is bureaucracy, authorities, bribes - and there everything is fair, and small business is actively supported by states.

In part, this is true - but where and which business is more profitable to open or buy for a Russian, you should carefully study in advance.

Statistics do not and cannot exist: in which country of the world it is better to open your business to a foreigner - in each specific case it depends on your abilities, motivation, the specifics of the business you are going to do. But you can single out a number of factors, the analysis of which will help you more or less to orient yourself before the very beginning.

What must first of all be realized by a person who wants to open his own business abroad? What you actually do: your prospective business. This is not about your business plans and practical investment calculations, but, in principle, about the action itself: you go abroad to open your own business. This means that you are not going there as a refugee, not as a labor migrant or an illegal. You are not going to take, but to give - to pay taxes, create jobs, develop the economy of the chosen country. All civilized prosperous countries will be glad to see you: in the same European Union, the share of small business in GDP is equal to 57%, in some individual countries - up to 80%. For comparison, in Russia this figure is kept at around 20% -25%.

What factors should you first of all pay attention to when choosing a country where you are going to open your business?

- stable political situation in the country. Probably, Europe and the United States will continue to lead in this indicator for a long time. However, here it is worth mentioning Australia, New Zealand, Canada - as quiet and peaceful countries, where it is quite possible to legally and fearlessly open any legal business.

- a low level of economic crime, in particular, transparent and comfortable methods of doing business and respect for property rights. The lowest economic crime rates are found in Japan, Hong Kong and the Netherlands, according to PricewaterhouseCoopers' World Economic Crime Survey.

- absence of legal obstacles for a foreigner to do business. The European Union, respecting small business, supports foreign entrepreneurs by facilitating in every possible way the bureaucratic processes of registering a business by a foreigner. First of all, among the countries most open to foreign entrepreneurs are Germany, France and Spain. In Germany, by the way, small business provides up to 80% of jobs, which indicates a high interest of the state in individual entrepreneurs... Again, quite recently it became known about the upcoming step-by-step abolition of visas between Russia and the European Union, which will greatly facilitate the task of Russian entrepreneurs at the initial stage. On the other hand, for opening own business in the United States, neither a visa nor a residence permit is required in this country: business registration takes place online, and an entrepreneur does not need to be in the United States.

- favorable tax legislation and banking conditions.
Taxes are extremely important factor both for your business abroad, and for the attitude of the state in which you plan to open your business. When deciding on this step, you should carefully study the tax legislation of the selected country and the details regarding your field of activity - tax evasion in Europe, like in the United States, is tightly controlled. But loans for starting a small business, on the contrary, under good projects are given willingly.

- cultural factor: knowledge of the language, proximity of cultural traditions. This, at first glance, not a very important factor can ultimately have a significant impact on the success of your company abroad. For example, an entrepreneur who decides to start his own business in highly developed Japan must be prepared for the fact that Japanese society is traditionally very isolated and monolithic: it is almost impossible for a European, including a Russian, to become “their own” there. It's a different matter with Europe, where the amount that you contribute to the economy of this or that country will come to the fore. And Europe is definitely no stranger to foreigners.

- the presence of former compatriots, to whom, at least hypothetically, you can turn to optimize your business or in case of force majeure. It is high time to remember that from 2003 to 2008 most of the Russians emigrated to countries such as the USA (85,748 people) Germany (53,338) Canada (20,015) Greece (9,940) Spain (7,080). Large Russian diasporas (not counting the post-Soviet countries) exist in the USA (over 3 million people), Israel (over 1 million), Canada (over 500 thousand), Brazil (200 thousand) and Germany (about 200 thousand).

At first glance, European countries best meet these criteria. But Europe has one significant drawback: it is small, and there are many people living in it: the total population of the 27 EU member states is more than 500 million people, the third largest in the world. And business is widely developed there: one must be prepared for the fact that the West will have to act in conditions of fierce competition, high prices for energy and labor, which is not the case in other regions of the world.

In addition, due to the euro crisis and the increasing talk about the collapse of the eurozone, it is worth weighing everything up again. The same is true for the United States, about which global financial analysts are not at all optimistic. What remains? The Australian and Latin American regions are far away, unknown, scary. But if you have already decided to try your luck abroad, then it may be worth trying - and the Business Times will regularly tell you about the peculiarities of business in this or that part of the world in the following articles in this column.

Today business goes beyond the borders of the state, develops new sales markets, expands the geography of partners and clients. Such opportunities are provided by opening a company abroad.

This will provide many benefits:

development of activities in countries with stable economies and loyal legislation;
attracting reputable organizations to cooperation. Availability foreign firm and accounts in a foreign bank increase the level of prestige and characterize the business from the best side;
access to financial instruments of the international market;
facilitation / exemption from the formation of reports;
confidentiality of personal information;
diversification of risks by dispersing assets;

the possibility of obtaining a residence permit in one of the developed countries of the world.

The choice of jurisdiction for starting a business is determined by a variety of factors: the specifics of the activity, goals, personal preferences, peculiarities of legislation, etc.

How to open a company abroad

Regardless of the country of location, there are two options for registering a company.

1. On our own

You will have to independently study the requirements for the applicant, collect and submit all the papers. It is important to understand all the nuances of the legislation. They relate not only to the registration procedure, but also to further activities in the legal field of the country. This is a huge array of data, sometimes complex and not logically structured enough, and it is very difficult to cope with the assimilation of all the nuances. This will take a long time, and the risk of making a mistake will be significant. The result is a delay in the deadline or even a refusal to register a company.

This option of opening a business abroad is optimal for entrepreneurs who have experience of cooperation with the country, legal education already operating in the jurisdiction of the business. Knowing all the pitfalls, they will quickly and successfully complete all procedures without red tape. Otherwise, it is advisable to use the help of experts.

2. With the help of intermediaries

Unlike a business owner who is not familiar with the specifics of international activities, experts from specialized firms know all the nuances of the process. The advantage of attracting specialists:

minimal personal involvement of the entrepreneur in the routine process;
reduction to zero the probability of errors;
minimization of the risks of failure;
saving time;

consulting support.

Employees of specialized firms will not only carry out the work of collecting documents and transferring them to the necessary authorities, but will also accompany the entire process until the receipt of papers confirming the registration of a business. In addition, they can recommend a jurisdiction with the most favorable economic climate, organizational and legal form, help with opening a bank account. The latter is especially important.

Benefits of opening a bank account abroad

It is impossible to conduct business abroad without an account. At the same time, it may also be required by those who do not build a business abroad. An account with a foreign bank will allow you to:

to establish foreign trade activities;
avoid unnecessary conversions when paying partners' bills;
optimize currency control;
develop correspondent relations and, as a result, simplify the process of money transfers between countries;

increase your credibility in the eyes of foreign partners - many large companies conclude contracts exclusively with trusted firms, and the presence of an account in a prestigious bank in the USA, Switzerland or another developed country will become one of the signs of reliability.

To open an account for a non-resident, foreign banks may require a package of documents, justification of the need for such a financial instrument, and often material support(minimum balances, turnover limits). At the same time, in some cases, it is enough to provide a passport and confirm registration or place of residence. And you need to know this before starting the procedure.

You can open an account, like a company, abroad on your own. However, be prepared that it will take a long time. The bank may require a lot of documents (recommendations from the national financial institution, certificates from the place of work, confirmation of the absence of debts to creditors, utilities and so on), then it will consider them and only after that will make a decision. Among the disadvantages of this method is the need for a personal presence in the country, significant costs time to study legislation and prepare papers, the risk of being rejected. At the same time, there is no need to pay intermediaries.

Opening an account in a foreign bank with the support of experts will eliminate all bureaucratic nuances, help save time, eliminate the risk of error and get guarantees of compliance with all laws, both foreign and local (in particular, in matters of taxation, currency control).

The specialists of "Prifinance" will help you to understand the issue in detail and make the best choice. Other publications about "".

Domestic entrepreneurs are increasingly looking at the neighboring countries of Europe in search of a comfortable and cozy place to open their business abroad.
Moreover, they are looking not for an offshore in the classical sense of the word to hide income or savings, but for a jurisdiction with a really working economy, which will make it possible to calmly build and develop your business while staying at home.

Where and how

And for this it is absolutely not necessary to rush somewhere to the Balkans or to Scandinavia. Even states bordering on us, or located in an hour of summer, are quite suitable if you want to open a business abroad. For example, Hungary, Poland, Latvia, Lithuania, Czech Republic, Slovakia.

The seller can sell the goods to his own foreign company with a minimum mark-up and make the main mark-up on subsequent resales to real buyers, paying income tax in the country of residence of his business.

Also, the export of goods through your own non-resident company allows you to completely eliminate the risk of non-return of foreign exchange earnings and prevent the accrual of penalties for such non-return.

The good news is that often in the EU states there are no requirements for the mandatory sale of currency. There is one more good news: with all the mentioned countries we have agreements on avoidance of double taxation, which allow residents of each state not to pay taxes twice.

These countries have never been included in the "black" lists and are not offshore according to the legislation of other states.

In addition, keep in mind that almost all EU member states have stable tax laws, a supportive regulatory environment and minimal corruption.

Interesting video on the topic:

Tax haven

One of the most important advantages of your own non-resident company is the legal minimization of tax liabilities. Many European countries have a lower income tax rate. In Poland and the Czech Republic, the profit tax is 19%, in Latvia and Lithuania - 15%, in Estonia only distributed profit is taxed at all. Accordingly, if an entrepreneur reinvests earnings in business development (acquires fixed assets, replenishes working capital), he does not pay tax. In Slovakia, the income tax is 22%. However, there is no tax on dividends, as well as tax on the payment of dividends to a non-resident.

Latvia, Estonia and Hungary are ideal countries in terms of the tax burden on business. However, they are not considered offshore.

"Companies in these countries can be 100% foreign-owned, and the founders can be both residents and non-residents."

There are difficulties though. For example, investing in the authorized capital of a non-resident is associated with the need to obtain an individual license. Yes, this restriction can also be circumvented, but then there is a risk of getting on the pencil to the regulatory authorities.

In addition, the conditions for opening bank accounts are quite strict in European countries. The client must have not only an impeccable reputation, but also confirm the legitimacy of the origin of funds. Especially when it comes to large amounts.

However, you can open a business abroad and fill up the authorized capital not immediately, but within a certain period (in some countries this is a frequent practice). And replenish it, for example, from retained earnings.

Get started - cheap

A business abroad at the registration stage does not always require the personal presence of an entrepreneur in the country. For example, you can create a company in Estonia or Poland online. In some other countries, these procedures can be transferred to the shoulders of a trustee or intermediary. This, in fact, will determine the cost of registration and its duration. But on average new company will cost 2000-3000 euros, and it will be able to start its activities in 2-3 weeks. The package of documents for registration is usually universal. In order to register a business abroad for a non-resident individual, you only need a passport. If the founder is a non-resident legal entity, it is necessary to provide notarized copies of the Charter of the enterprise, extracts from the register on registration and the decision of the owners to create legal entity.

It is necessary to prepare the charter of the new company (or use a standard template, as in Estonia), the memorandum of association, the minutes of the constituent assembly on the creation of the company. Additionally, the consent of the members of the management board will be required to hold these positions. Moreover, it will have to be notarized and translated into the language of the country in which the company is located. There are separate requirements for the director of the company. For example, in Slovakia, the leader can only be a citizen of this country or another EU state. In the Czech Republic, the appointment of a director of a legal entity is allowed. In Estonia, Latvia, Lithuania, the duties of a director can be performed by both a resident and a foreigner.

A prerequisite for registering a legal entity is a legal address. The cost of address rental services ranges from 300 to 500 euros per year.

When registering a business abroad, you will need to open a bank account to which funds will be deposited for replenishment authorized capital... True, often a start-up business is given a deferral to monetize a charterholder. There are subtleties when registering online too.

Estonia must have a local ID-card. With its help, it is enough to go to the portal of the commercial register, fill out the constituent documents and an application, answering question after question. A start-up account in one of the Estonian banks is also opened there.

But in order to receive an ID-card, you must permanently reside in Estonia and have a permit or a residence permit. However, there is an alternative option - to issue the status of "e-resident". It is issued to foreigners who do not intend to live in the country, but want to do business there. They are provided with a special Digi-ID, on the basis of which they can also open a company remotely.

Registering a business abroad is only half the battle. It is important to ensure the reality of the company in order to avoid claims from tax and other government agencies.

The company must have a real office at a real address, local directors, a bank account in a local bank, storage of financial documents and reports on the territory of the country of registration, staff, and real activities.

If it is not possible to fully meet these criteria, some of them can simply be bought. For example, services nominee director in Estonia will cost 1,500 euros per year. This is the fee for the actual stay in the company. Any other services of the director are paid separately at the rate of an hourly rate of 250 euros in case of any active actions.

It must be remembered that any gesture around the company and within it will cost the owner money. How much is better to check with local consultants for each specific case. For example, in Lithuania, the cost of accounting support is about 1,500 euros per year. Issuing a power of attorney, notarization and apostille in Hungary costs about 350 euros. You will have to pay 40 euros for each signature of a nominee on documents in Latvia. The cost of sending documents in Slovakia is 120 euros. For an extract from the commercial register in Poland, you need to spend 150 euros, and the fee for judicial translation of documents in the Czech Republic is 50 euros (per page). Let's make a reservation that the final price of all these procedures will depend on the availability of intermediaries, and some of the operations can be carried out independently. But in some cases, you cannot do without the help of local lawyers.

We bring in from the pocket

The founders of the company are not always obliged to immediately fill the authorized capital with money. For example, in Estonia, when registering a company in the form of LLC capital (its minimum volume is 2500 euros), you can simply declare. A deadline its formation must be indicated in the constituent documents.

In the Czech Republic, the authorized capital may even be 1 crown. However, the regulatory authorities consider such companies to be unreliable. In addition, the scanty statutory fund reduces the chances of obtaining a business visa. Therefore, it is better to top up it with at least a couple of tens of thousands of crowns. Moreover, the money can be deposited within 5 years from the date of establishment of the company.
In Poland minimum size authorized capital of 5,000 zlotys (slightly more than 1,200 euros). Moreover, it can be filled not only with money, but also with tangible or intangible assets.

Business Abroad: The Experience of Entrepreneurs

Andrey, entrepreneur, owner of a concert agency (Poland).
Previously, a business abroad was registered mainly in order to obtain a visa. That is, it was a formality. For example, I bought the first company with already ready-made documents, and got himself a job there, so that there were fewer problems with registration. Since there can be no questions for the hired employee in terms of a visa or a residence card (temporary residence permit in Poland), while there are additional requirements for a business owner. For example, so that the company has income.

If everything is clean and transparent, then there are no problems with the regulatory authorities. As well as attempts at corruption by officials. We came across a couple of times because a person worked for us, but was not employed. However, this is rather an exception. What else I want to note is the timely and hassle-free VAT refund, with which we have great difficulties in our homeland. In general, now, if there is no idea for a business, there is not much point in opening a company just to move. It is better then to find an employer abroad and negotiate employment. It is both easier and cheaper.

Evgeniya, Expert of the Strategy and Security Research Group (Slovakia).

In Slovakia, business migrants can be divided into two groups. There is a large "stratum" of those who have moved to move their business here, through a Slovak company to open access to the EU market, or to start a new one. The main thing is to work in a relaxed atmosphere, with friendly clerks in the tax office and other offices. Another group is entrepreneurs who need permanent residence abroad. They either continue to run their business at home, and buy real estate and land for a Slovak company with an eye to the future, or simply move to live in Slovakia, renting out real estate, investing in financial instruments and enjoying a quiet life. At the grassroots and middle level, there are basically no problems with taxes and reporting in Slovakia. As well as corruption. The exception can be called the Migration Police, where traditional incompetence and unwillingness to help happen. But, as a rule, everything in other departments is friendly and nice. Corruption starts higher up, near state tenders and projects for European funds, where the support of local authorities is required.