Corporation Law

Tests in Determining the Nationality of Corporations

What are the tests in determining the nationality of corporations?

 

1. Incorporation test – Determined by the state of incorporation, regardless of the nationality of the stockholders.

2. Domiciliary test – Determined by the principal place of business of the corporation.

3. Control test – Determined by the nationality of the controlling stockholders or members. This test is applied in times of war.

4. Grandfather rule – Nationality is attributed to the percentage of equity in the corporation used in nationalized or partly nationalized area.


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