Grant Gilmour, Tax Advisor, Canada

Which provinces and territories allow Canadian corporations to have 100% foreign directors? And 100% foreign owners/shareholders?

In Canada a corporation must have at least one director (see International FAQ #27) but directors are not required to be shareholders. It must also have at least one shareholder. Therefore a company incorporated in Canada does not have to have Canadian resident shareholders, but may have to have Canadian resident directors depending on the province or territory they incorporate in.

The provinces and territories that require at least 25% to be Canadian resident directors. Which effectively limits foreign ownership and control. Canadian directorship is based on residency not citizenship.

  • Alberta
  • Ontario
  • Saskatchewan
  • Newfoundland and Labrador
  • Manitoba
  • Federal

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