I am interested in learning how one would go about starting a company with founding partners living both in the US and Cote d’Ivoir. The company in question would produce goods in Cote d’Ivoir which would then both be sold locally and exported to the US. I’m assuming we would need an export license from Cote d’Ivoir and an import license from the US. Would an export license from the US and an import license for Cote d’Ivoir also be needed to bring manufacturing equipment there? Would we need to obtain business licenses in each country, even though it’s the same business? Would an international business license cover both countries?
Pardon my ignorance, but I’m currently just at the very initial information-gathering state and trying to determine if starting such a company is even remotely feasible. I’m sure I’ll have quite a few more questions down the road.
Although there are a few general answers, I’m sure many should be answered by US/Cote d’Ivorie lawyers and accountants. That may be you best avenue of inquiry.
I agree that you need to consult lawyers and accountants, but it seems to me that it would be easier just to establish two independent companies; one in Côte d’Ivoire and one in the US. Presumably each would require business licenses and import licenses and so forth, but you would avoid the complication of a two-headed beast.
You will need a place of incorporation that is the home of a parent company. It could be in the united states or it could it could be in the Côte d’Ivoire (CdI) or it could be in a third country.
If you are to produce any physical goods in the CdI you must either create a company under Ivoirien law, which you must know is from the tradition of the Code Civil, so you should not depend on any understandings of the American law in your thinking on this, or you must contract with an existing industrial in CdI. If you create the company in the CdI, you should know that Ivoirien law is more restrictive to the forms of incorporation and the capitalisations of companies in the form and in the nature.
You should also think of the logistics for the export of any goods to the united states, as the shipping of goods, essentially from Abidjan, is not to be assumed very easy for destinations in the North America.
These are all in the French language. If you are not fluent in French, I would not advise you to think of this further, as you seem very naive about the organisation of business and adding the language to this would be adding a great deal of risk for you.
You must understand it is not the same business, in each of the sovereign territories - that is the sovereign countries - it is that countries laws which organize the commerce and the fact of having a license in the USA does not mean you have a license in the CdI or the France or any other country.
there is no such thing.
I note I have and do conduct business with the CdI and while it is a very promising country, if you are not fluent in the French and have not a good business experience, it is not wise to consider getting into an enterprise unless you have a partner who is of deep and long confidence. The business environment of the CdI is still not easy - although it is not like the Nigeria and indeed is for the West Africa quite well organized.
Thank you all for the advice. Ramira, thank you especially for providing the Code d’Investissement. I am regrettably quite naive about the business world, but fluent in French. As I said in my first posting, I am only in the very early initial stages of thinking about this and am trying to determine if this is at all feasible, so this information is very helpful. It would be rather pointless to get lawyers and accountants involved until I at least have a basic understanding of what such an undertaking entails.
Ah if you are fluent in French then it is not useless to continue to think on this.
But you must ask yourself and your partner what is the purpose of your involvement? Is it the capital? unless you have the money to spare, as an inexperienced investor I can not say it is a good idea for you to invest in the CdI, unless you have the very well experienced and very well trusted partners. Or is it the Americanness?
I can guess there is may be an interest of the Ivoiriens to export to the United States, and for this purpose it is likely that it is more feasible for you to consider the creation of a company as a trading company for the USA for the promotion of their production. It may also be the case that they would like to use an American company with an american ownership to become the investor in the CdI because there are certain advantages for the foreign investor coming in. In this case it could be that the creation of an american company like an LLC as a plateform to come to the CdI is what is desired. I am not expert in the american business law, but I know from my other business that the american LLC can be adjusted in structures that are interesting for this kind of partnership.
For this I advise you that to go to lawyers and accountants is too early yet - and I think in the USA you will not find many anyway who are well skilled in the commercial law in the CdI (which is regularised under the OHADA). In effect you should first clarify what the other potential partners truly desire from you, capital or to rent your americanness to create a company to come to the CdI to benefit from the foreign investor advantages and the protections. If this is so, they may not know that the usa is more flexible (because the code civil commercial law is much more rigid and in the French manner, prescriptive) and you do not need as much capital.