News & Insights

Setting up an overseas company or branch office

We are often asked by companies (or their professional advisors, such as accountants) to assist with the notarisation of documents required when setting up a new business operation overseas or opening an overseas bank account.

Many jurisdictions will require a Notary to provide independent proof of documents, transactions and facts, to satisfy their legal requirements.  If proper proof is not obtained in the form of notarised documents then the overseas transaction may not be able to proceed on-time or at all.

It is accordingly crucial when establishing a new overseas office or company that it is identified as soon as possible whether notarisation of documents will be required.  We are then able to ensure that we can carry out any notarisation process in good time in line with the overseas processes and without any undue disruption to you or your business.

We are also able to assist with matters after the overseas entity has been established.  This may include annual compliance and regulatory matters such as Certificates of Residence issued by HMRC or Certificates of Good Standing issued by Companies House.  The latter process often involves notarising additional copy documents such as the Certificate of Incorporation, Change of Name, Memorandum and Articles of Association and the Annual Accounts.

A number of documents can be notarised without the need for the company or their adviser to personally attend a meeting, especially if those documents are publicly available.  However, when setting up an overseas company, identification evidence of the person who is to hold the overseas directorship, and/or a power of attorney to allow lawyers/in-country representatives to have the necessary authority to set up the overseas operation may be required.  The notarisation of these documents will normally need to be undertaken in person, either at our offices or on your business premises.

Depending upon which country the documents are required for, the notarised documents may also require attestation at the Foreign and Commonwealth Office by way of an “apostille” and/or legalisation at the embassy’s country before they will be accepted as official documents overseas.

Documents may also require translating, which we can organise for you. The completed documents will then be sent overseas, at the same time as providing a scan of the completed documents for your records.

If you are interested in any of these services or want to learn more about what other notarial services we offer, then please do contact our Notary, Michelle Mann, [email protected] or telephone 0118 951 6301/ 07841 686310.

Setting up an overseas company or branch office