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Can a European Citizen be Corporate Officer of a US Corporation?

Asked by: Daniele - 19 August, 2011
Hi-

I am a resident alien living in the US, wanting to open an S-Corporation in Maui, HI. I would like for my brother to be a corporate officer and share holder. He is a European citizen (Austria). What are the steps to be taken? Much Thank you!

Daniele
Answered by: Lloyd Johnson - 19 August, 2011
Daniele,

If you want to register an S-Corporation your brother will not be able to be a shareholder. All shareholders of S-Corporation (or LLC that elects to be taxed as S-Corporation) must be either U.S. citizens or residents, estates, or certain trusts. However there is no restriction for him to be an officer or a director of the corporation.

If you want your brother to be a shareholder the corporation must be C-Corporation. Alternatively you can form an LLC and make him a member.

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