My Fiance and I are planning to move to Cambodia later this year to try our hand at starting a business there so Im currently trying to sort out all the technical and legal details and requirements before we get there.
Starting the business seems pretty straight forward but I'm not having much luck finding out the rules surrounding work permits. From what I've read it seems like I shouldn't have a problem issuing myself a work permit as the owner of the company but I'm wondering what, if any, requirements I will need to meet before I can also hire my fiance as a foreign worker and get her a work permit as well. From what I've read recently it seems like a business is only allowed to have 10% foreign staff so I'm wondering if that means I will need to hire local employees first?
My plan so far was to just start my company as a sole proprietor, because of the simplicity, but would I be better off creating a corporate style partnership so that my fiance is also an owner of the company? Or is there a partnership company structure that doesn't require us to incorporate and go through that process? Basically a sole proprietorship but for two people? Would this get us around the problem of needing 90% local employees?
Is there another way around this or something that I've missed?
Have any of you been in this same situation where you wanted to start a company with just you and your wife or significant other? How did you do it?
Any insight you can share or suggestions on where I might go to find out some of this information would be greatly appreciated.
Starting a business and issuing my fiance a work permit
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you can run the business as a partnership between two sole proprietors. you can apply for an exemption from the 10% rule if you can demonstrate that you need skills that are not otherwise easily available in Cambodia. Much will depend upon the scale/visibility of the business of course as well although I know of a mid size international school who did not seem to need to register for over two years while trading and employing non khmer above the 10% rate but this was before the recent work permit enforcements.
Found this:
A “general partnership” is a contract between one or more persons to combine their property, knowledge or activities to carry on business in with a common view to profit. They are jointly and severally liable for the obligations of the partnership to third parties.
A “limited partnership” is a contract of partnership between one or more general partners who are the sole persons authorized to administer and bind the partnership, and one or more limited partners, who are bound to contribute to the capital of the partnership. The general partners are jointly and severally liable for the debts of the partnership to third parties, whereas the limited partners are liable only to the extent of the sum of money or value of the property they agreed to contribute.
{just like British law}
While this form is common for local and small businesses it is less so for larger investments as the processes used by the MOC for registering this business form are unclear given the lack of precedent to date.
Found this:
A “general partnership” is a contract between one or more persons to combine their property, knowledge or activities to carry on business in with a common view to profit. They are jointly and severally liable for the obligations of the partnership to third parties.
A “limited partnership” is a contract of partnership between one or more general partners who are the sole persons authorized to administer and bind the partnership, and one or more limited partners, who are bound to contribute to the capital of the partnership. The general partners are jointly and severally liable for the debts of the partnership to third parties, whereas the limited partners are liable only to the extent of the sum of money or value of the property they agreed to contribute.
{just like British law}
While this form is common for local and small businesses it is less so for larger investments as the processes used by the MOC for registering this business form are unclear given the lack of precedent to date.
Blott de tama fåglarna har en längtan, de vilda flyger.
You can hire her no problem there is just a small extra fee to pay if you are over 10%.
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