Legal Structures for Multinational Companies
A multinational company generally has offices and/or factories in different countries and a centralized head office where they coordinate global management. A multinational company (MNC)is a corporate organization that owns or controls the production of goods or services in at least one country other than its home country.
Due to advent of information age and globalization, the traditional hierarchy of the industrial age is rapidly disappearing and new large groups that are spread across the globe are fast emerging. A multinational corporation is a company with headquarters in one country but they operate in many countries. The post Second World War period saw the rapid growth of multinationals in Europe, America and Japan. As the world economy is opening up with a fall in regulatory barriers to foreign investment, better transport and communications, freer capital movements, etc., international companies are finding it easier to invest where they choose to cheaply, and with less risk. With the advent of globalization, companies started expanding to international markets and establishing marketing, manufacturing, or research and development facilities in several foreign countries.
What are multi-national companies?
A multinational company generally has offices and/or factories in different countries and a centralized head office where they coordinate global management. A multinational company (MNC)is a corporate organization that owns or controls the production of goods or services in at least one country other than its home country. One of the first multinational business organizations, the East India Company, was established in 1601. After the East India Company, came the Dutch East India Company in 1603, which would become the largest company in the world for nearly 200 years.
Some current examples are big multi national companies like Apple, Google, Amazon, Coca-Cola, Starbucks, IBM, FedEx, Accenture, Samsung or General Electric etc. Nestle and Shell Oil are two examples of European multinational. Most of the largest and most influential companies of the modern age are publicly traded multinational corporations, including Forbes Global 2000 companies.
What are Conglomerates?
A conglomerate is a combination of two or more corporations engaged in entirely different businesses that fall under one corporate group, usually involving a parent company and many subsidiaries. Often, a conglomerate is a multi-industry company. Conglomerates are often large and multinational.
Features of MNCs & Conglomerates
Some of the attributes associated with these large multi-national corporations are:
- These multinational groups operate across the boundaries of nations
- They employ and serve thousands of people with different cultures.
- Their annual sales turnover is in billions of dollars.
- They raise money in different stock markets.
- In spite of all these diversities they may be part of the same global group.
- These companies operate as individual entities in different countries/markets and consolidate with the group.
- Domestic corporations are taxed on their worldwide income at the federal (country) and state levels.
- Compliance (without overpaying) makes the products & services of these conglomerates more competitive, earnings more attractive to investors & company a more responsible corporate citizen.
Evolution of Legal Structures for MNCs/Conglomerates
They are dynamic organizations that are constantly changing and evolving, acquiring and merging many companies, opening their offices in all parts of world and operating under the ambit of ever-changing complex organizational structures.
Fundamentally a corporation must be legally domiciled in a particular country and engage in other countries through foreign direct investment and the creation of foreign branches or foreign subsidiaries.
All these large groups have smaller companies within them. The conglomerate may be constituted of different units which may represent separate legal entities constituted in different countries having multiple layers of ownership (which might be added to the group through mergers, acquisitions or could be joint ventures). Multinational corporations can select from a variety of jurisdictions for various subsidiaries, but the ultimate parent company can select a single legal domicile.
Global operations of these corporations are conducted with multiple subsidiaries, branch offices and joint venture partners working together, constantly evolving and changing their legal structures through mergers, acquisitions and takeovers. These subsidiaries and partners are responsible for their own P&L. They have their own Fixed Assets (such as assets held for the purpose of producing or providing goods/services) and their own markets where their own or their other group concern’s products are sold and eventually consolidate with the group.
Multinational corporations may be subject to the laws and regulations of both their domicile and the additional jurisdictions where they are engaged in business. In some cases, the jurisdiction can help to avoid burdensome laws. Corporations can legally engage in tax avoidance through their choice of jurisdiction, but must be careful to avoid illegal tax evasion. These MNCs should comply fully with all statutory and tax laws & regulations around the world and ensure payment of the correct amount of taxes in every country where it operates.
Aside from setting up a private limited company as subsidiary, foreign companies have two other options for entering the foreign market – a Branch Office or a Representative Office. Both are registered locally in the country of operations, follow local procedures, and need to pay official fees for registration.
Related Links
You May Also Like
-
Concept of Representative Office
A representative office is the easiest option for a company planning to start its operations in a foreign country. The company need not incorporate a separate legal entity nor trigger corporate income tax, as long as the activities are limited in nature.
-
In this article we will help you understand the double-entry accounting system and state the accounting equation and define each element of the equation. Then we will describe and illustrate how business transactions can be recorded in terms of the resulting change in the elements of the accounting equation.
-
Period End Accruals, Receipt Accruals, Paid Time-Off Accruals, AP Accruals, Revenue Based Cost Accruals, Perpetual Accruals, Inventory Accruals, Accruals Write Off, PO Receipt Accrual, Cost Accrual, etc. are some of the most complex and generally misconstrued terms in the context of general ledger accounting. In this article, we will explore what is the concept of accrual and how it impacts general ledger accounting.
-
Understand what we mean by GAAP to STAT adjustments. This article discusses the different standards that are used for multiple representations of the financial results for global organizations. Understand the meaning of US GAAP, Local GAAP, STAT, IFRS, and STAT. Finally, understand why accounting differences arise and how they are adjusted for different financial representations.
-
GL - Unearned / Deferred Revenue
Unearned revenue is a liability to the entity until the revenue is earned. Learn the concept of unearned revenue, also known as deferred revenue. Gain an understanding of business scenarios in which organizations need to park their receipts as unearned. Look at some real-life examples and understand the accounting treatment for unearned revenue. Finally, look at how the concept is treated in the ERPs or automated systems.
-
In this article we will discuss various types of "Management Entities". Various types of operational units, are created by management, to effectively run, manage and control their business. Different types of functional units, and divisional units, are widely used across industry.
-
Network Organizational Structures
The newest, and most divergent, team structure is commonly known as a Network Structure (also called "lean" structure) has central, core functions that operate the strategic business. It outsources or subcontracts non-core functions. When an organization needs to control other organizations or agencies whose participation is essential to the success, a network structure is organized.
-
Accrued expenses, sometimes referred to as accrued liabilities, are expenses that have been incurred but have not been recorded in the accounts. Discuss the need to record accrued liabilities and why they require an adjustment entry. Understand the treatment for these entries once the accounting period is closed and learn to differentiate when the commitments become liabilities.
-
Divisional Organizational Structures
The divisional structure or product structure consists of self-contained divisions. A division is a collection of functions which produce a product. It also utilizes a plan to compete and operate as a separate business or profit center. Divisional structure is based on external or internal parameters like product /customer segment/ geographical location etc.
-
In some of the ERP tools, there are more than 12 accounting periods in a financial year. This article discusses the concept of accounting calendar and accounting periods. Learn why different companies have different accounting periods. Understand some of the commonly used periods across different organizations and the definition & use of an adjustment period.
