Can a United States Resident Open a Corporation in Canada?

Who is this blog for?

  • United States residents looking to open Canadian LLC
  • Foreign nationals looking to set up a business in Canada
  • Registration of a limited liability company in Canada

Are you an American resident, and you seek to register a corporation (or LLC or limited liability company) in Canada? At the time of this writing, you will be able to register a corporation in certain jurisdictions in Canada without many hassles. For starters, Canada has various corporate legislations which govern the creation and continuance of corporations – including federal and provincial legislations.

There are certain corporate legislations (and thereby jurisdictions) which permit the registration of corporations without the need for Canadian residence or citizenship. Two of these being, corporations registered pursuant to the British Columbia corporate legislation and the Ontario corporate legislation. While you may still be able to register a corporation in other jurisdictions in Canada, there may be requirements for having a Canadian director and/or shareholder in the corporation, which may not be suitable for your needs.

With Ontario or British Columbia based corporations you are able to commence and continue a corporation completely on your own. This means that you can act as the sole shareholder, director, and officer of the corporation and exert full control over the management of the corporation. Corporations in Ontario or British Columbia (or other jurisdictions for that matter) operate similarly to those in the United States and benefits are afforded such as separate legal liability.

If you would like to set up your LLC or limited liability company or corporation in Canada, then our experienced lawyers would be pleased to assist you. Our lawyers are routinely assisting foreign nationals in setting up corporations in Canada and advising on the governance and management of such corporations.

Please be aware that while you may be entitled to register a corporation in Canada, you may be subjected to higher obligations than a Canadian controlled corporation such as higher corporate tax rates. We encourage you to seek the advice of a qualified accountant to advise you on your tax obligations as a foreign national based in the United States looking to operate a Canadian based corporation.

Canada is a great place to create and continue your business. We look forward to speaking with you to discuss your business and corporate ventures in Canada. Our corporate lawyers can be contacted hassle free at info@falconlawyers.ca. Register your new LLC or limited liability company or corporation with our team quick and easy.

Raz Toor, Lawyer

April 21, 2022

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