Founder Agreement · Founder equity

Is it possible for a holding company to have a vesting plan for its shares?

Anonymous

Last updated on August 4th, 2018

I am based in Germany and want to found a company in the States, together with a US partner. In order to avoid double taxation issues, I would like to setup a German holding company first, which would then hold the US company's shares.

I was told that it is the norm in the Sates to have a vesting plan for all founders. But can that work if one of the "founders" is actually a legal person and not a natural person?

David M

August 5th, 2018

You need to be talking to an international attorney if you are serious in your venture.

Martin O'Donoghue, MBA Solicitor | Director | Founder | Tech & MedTech Law | M&A Law | Venture Capital | Private Equity |

August 9th, 2018

Yes, it can work....a vesting plan does not need to be for people only. It can apply to legal entities. It's fairly standard stuff. I would, however, be more concerned around your ability to avoid double taxation!

Remi Mičiulis Building a strong team, looking for technical co-founders https://www.remi-net.uk/legal/r-team/

August 6th, 2018

First of all, set up your new Company in Germany. Check German and USA laws what you are able to do in case of opening division (registered office, etc) in USA.


Some laws, rules and regulations depends on individual counties. You need to know what and where can you do it, before you start do it

Anonymous

August 9th, 2018

@Martin O'Donoghue: What exactly do you mean with your concerns about double taxation? I always thought if a legal person (e.g. in Germany) is holding the shares (e.g. in the States), this will not affect the private taxes of the holding's shareholders (unless profits are distributed).