How to appoint and remove officers in a foreign subsidiary

When appointing and removing a corporate officer of a company in a foreign jurisdiction, it is essential to keep in mind that there are specific regulations that apply to such procedures. In many cases, corporate officers do not have an employment status like the rest of the staff of the foreign company.

Depending on each country, special provisions will apply and will be set out either by the local law or the Bylaws / Articles of Association (or other contractual documentation) of each company. In particular, the compliance with the applicable rules linked to the removal of an officer will allow you to avoid as much as possible any sanctions or any damages due to said officer if wrongfully terminated.

Subsidiarily, we have pointed out whether an officer can freely resign and what happens in case of a wrongful resignation.

This online guide thus aims to highlight the main provisions applicable to appointing and removing a corporate officer in various jurisdictions around the world, as well as the conditions of their resignation, covering the most common forms of companies in each country.