[blindlaw] Execution of Documents by Foreign Corporation in US Law

[Gerard Sadlier]

Randy,

Thanks very much for getting back to me about this.

As I mentioned, I'm interested in this, for comparative purposes.

Assume the transaction is to be enforced in the US.

I should explain that, in Ireland, it would still be necessary to have
the documents executed in accordance with the requirements of the
country in which the foreign company is incorporated.

That means getting a foreign legal opinion, concerning execution and
probably regarding corporate capacity, which seems unfortunate to me
at least.

Kind regards

Ger

On 10/19/12, Farber, Randy <rfarber at jw.com> wrote:
> Ger -
>
> 	This isn't a simple question.  An initial question would be where are the
> documents to be enforced, the US or another jurisdiction.  Also, if the
> document is to be enforced in the US, then another initial question is
> whether there is jurisdiction.
>
> Randy
>
> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Gerard
> Sadlier
> Sent: Friday, October 19, 2012 4:13 PM
> To: blindlaw
> Subject: [blindlaw] Execution of Documents by Foreign Corporation in US Law
>
> Hi all,
>
> If a foreign corporation was to enter into a contract in the US, what
> procedure would you undertake to verify its capacity to execute the
> appropriate documents and to establish who could sign on behalf of the
> company?
>
> Would this be a question to be decided in accordance with the law of
> the country in which the foreign corporation was incorporated, or US
> federal law, or the law of different US states.
>
> Would it make a difference that the foreign company had a presence, or
> a branch in the US (which was not a separate legal entity)?
>
> Could anyone refer me to material on this issue?
>
> I'm interested in this for academic comparative law reasons, so if
> anyone knows about other jurisdictions, Canada or Australia say, I
> would also be most interested in hearing from you.
>
> Civil law systems, though a lot to hope for, would be especially
> interesting.
>
> Thanks very much
>
> Ger
>
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