Need of an attorney for a C Corp ?

Question

Hi everybody,

I am a french investor living in France and I already described my story in "bad start in rental experience".

I buy houses through a Georgia C-corp to be completly independant from the french tax system. I am not familiar with the legal US rules. I know I need a registered agent living in the US (that could be my property manager). The corp. needs an address ; it is presently an attorney address. If I want to change does I have to find another attorney or may I use my property manager address?

I need a corporate book ; the present attorney sent it to the property manager because he doesn't want to bother with that. Could I keep this book ( and make the updates) in France or does I need to give it to a US attorney ?

Jean Paul Rousseau · Answer

@Mike Hartzog

Bill Gulley

I will follow your advices and send an e-mail to the SOC after the holidays. According to the answer, I may contact CSC

Take care

Mike Hartzog · Answer

@Jean Paul Rousseau

I can't answer your question about CSC.  I use them for other purposes, specifically eRecording, mortgage assignment prep, and registered agency in certain states.  I think your best course here is to take Bill's advice and contact the SOC to get clear on the requirements and if there is something you need a local (in the state) entity for, calling CSC might be a good place to start.

Bill Gulley · Answer

Yes, the addresses can be the same. Yes, you can maintain the Minutes of Meetings book, the Minutes may be on computer and have a hard copy file. State law MAY require the Filed Articles of Corporation to be posted in your place of business, check local ordinances, state law and the RE commission if you fall under them.

It is the Stock Certificate that you need to safeguard, that can be anywhere, everything else can be copied.

The best place to ask specifically would be the Secretary of State's Office for the state of incorporation.  There isn't a big deal about where you keep things, you could travel with everything, the only thing would be if your firm were subject to some compliance examination, you might get a gig for them not being on file, it's not like a law that lands you in jail, more of an administrative directive. Call the Sec. of State, or have your PM do it. :)

Jean Paul Rousseau · Answer

Thank you for your answers. The main question is not for the registred agent, my property manager can do it, it is regarding the corp. address and the compliance with corporate rules. May I use the same address as the registered address and could I maintain myself the corporate book in France?

@Mike Hartzog

Is using CSC not too complicated and too costly for a corp. having only two single family houses at this time ?

Mike Hartzog · Answer

@Jean Paul Rousseau

You might try calling CSC.  They may be able to help directly or point you in the right direction.

Jeremy Tillotson · Answer

A registered agent is merely a person living within that state to act as an official person should you be sued. They will get alot of junk mail too. So anyone could be your registered agent, however you want to make sure that if they get paperwork they contact you, or your company could be liable without you ever knowing. If would think it would be ok to have your PM as agent. Thats really up to you though. Not a lawyer so no legal advice here.