Corporate Services in more detail

Services are related to the mere formal and legal aspects of international business set-up. Van Velzen C.S. coordinates, directs and manages the set-up of the new business from a legal point of view; the firm designs the cross-border legal structure as well as intra-corporate relationships, and executes the process leading towards launch of activities of the newly established company abroad.

Legal Architect

As Legal Architect, Van Velzen C.S. analyzes the client's current companies' structure and includes risks associated with client's companies' products and services; subsequently van Velzen C.S. designs a cross-border legal structure containing maximum liability protection. thereby including work permit and immigration aspects. This approach is named Struccorp.

Struccorp

Struccorp. is a protocol of Van Velzen C.S. that sees to the proper structuring of a foreign entity combined with other group entities, in order to obtain and retain maximum opportunity for im- and expatriation of managers and specialists within the group.

For example:

■   the appointment of a group director as director of the foreign entity, can result in a local work permit requirement, irrespective of any associated management or other costs being charged to the foreign entity. This needs to be captured and arranged beforehand.
■   an incorrect ratio in share ownership in group entities may result in impossibilities for temporary assignments of specialists to the foreign entity or may block expatriation of a manager (and family) to that entity.

Legal Consultant

As Legal Consultant, Van Velzen C.S. directs, executes and guides the entire process of legalities and formalities related to business expansion abroad.

Pre-establishment phase

A client's company structure is analyzed, including the organization of its management over various group companies and business units, as applicable. As such a blue-print is made from client's current situation, relevant to the new one, while anticipated changes and / or additions are included in the new, post-establishment phase.

■   Analyses of current situation and simulation of new one
■   Design of management structure, including corporate directors where possible, to create maximum liability protection for management
■   Design of products and services provision channels through the new organization including legal aspects of exporting and / or importing into the foreign country involved. Also see Business Services in more detail.

If the approach is approved by client, parties entre into the Establishment phase

Establishment phase

Based on a proven model, used by Van Velzen C.S. for multiple decades now, Van Velzen C.S. together with client dedicated resources go through the Establishment phase.

While this phase is emphasized to the legal aspects of the actual set-up and formation of the new foreign business, many related aspects will be brought to the table. Introductions will be made to local accountants, lawyers, banks, insurers, and government agencies. When required and relevant, Van Velzen C.S. can provide for other introductions.

During this phase, many documents related to KYC* need to be provided for various purposes and to various requesters; depending on the subject matter and the country involved, such documents need to be certified, notarized and / or apostilled.

* KYC stands for Know Your Customer. Nowadays, a lot of documentation is to be provided to foreign parties, like lawyers, accountants and banks, prior to them commencing services to a client. KYC normally is provided in either the English or the local language and regularly requires translation. Van Velzen C.S.' network includes translators and 3rd parties legalizing documents.

After preparation of all paperwork required for various purposes and requested by various parties, matters are put in motion and the entity is formed.

Registrations, authorizations and permits are applied for, while the new organization gets shape.

During the Establishment phase, Van Velzen C.S., as Legal Architect & Consultant, arranges for matters like:

■   Planning and management of various steps associated with the set-up of the new entity
■   KYC required for various purposes during the process
■   Communication with, and liaison between client and various service providers (accountants, lawyers, banks) in client's home country and the foreign country
■   Applications for authorizations and permits associated with client's new foreign entity

After having gone through the full registration and red tape process, the company can start doing business.

Post-establishment phase

After the company has commenced doing business, various matters may require further follow-up. One can think of appointment of local directors (for substance or other purposes), when and as hired, further limitations on authorisations on bank accounts, a change of address from the company's temporary start-up address (e.g. leased with an incubator) to a long-term address, and post-formation registrations, e.g. with regard to foreign (parent) invested capital.

■   Post-formation matters, like foreign capital registrations
■   Banking authorities, limitations and schedules
■   Fine-tuning of liability and insurance related matters
■   Business matters, like intra-corporate or 3rd party contracts. Also see Business Services in more detail.

THE FOREGOING CONTAINS GENERAL INFORMATION, IS FOR INFORMATIVE PURPOSES ONLY, IS GENERAL IN NATURE, AND IS NOT INTENDED TO BE EXHAUSTIVE OR AS A SUBSTITUTE FOR COMPETENT LEGAL AND PROFESSIONAL ADVICE. APPLICABLE RULES AND REGULATIONS ARE OR MAY BE CONTINUOUSLY SUBJECT TO CHANGE. NO RIGHTS ARE TO BE DERIVED FROM THE CONTENTS OF THIS INFORMATION.