What if a founder is located outside the US?

Due to the number of different countries, we're unable to provide more specific guidance than this help center article. We strongly recommend consulting with a startup attorney experienced with Delaware corporations in your jurisdiction.

In general, we don't have any geographic restrictions on who can use Clerky (beyond general restrictions imposed by law, like the OFAC list). However, our standard products are designed for U.S. founders. Most startups with non-U.S. founders are fine from a Delaware corporate law perspective, but there may be:

  • Tax Issues

    For example, transfer pricing issues can arise from the transfer of intellectual property from a founder to the company. You should be sure you understand any tax implications from the arrangement.

  • Immigration Issues

    For example, an application for a U.S. visa may be affected by the holding of an officer position in a U.S. company.

These are possible issues with any U.S. corporation with non-U.S. founders; they are not specific to Clerky. To our knowledge, there is no major online service that addresses these potential issues.

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