Non-EEA residents require a permit from the National Board of Patents and Registration to hold managerial positions in businesses or to establish a branch.
Citizenship is not of importance here; the decisive factor is the individual's place of residence and the legal person’s domicile. Finnish citizens also need a permit for setting up a business, if they reside outside the EEA. In the case of a legal entity, the decisive factor is its domicile.
An EEA resident may act as a private entrepreneur. Non-EEA residents need a permit from the National Board of Patents and Registration.
At least one of the partners (founders) in a general partnership must have a place of residence, or, if the partner (founder) is a legal entity, be domiciled in the EEA; otherwise, a permit must be sought from the NBPR for all partners that are not from the EEA.
At least one of the general partners (founders) in a limited partnership must have a place of residence, or, if the partner (founder) is a legal entity, be domiciled in the EEA; otherwise, a permit must be sought from the NBPR for all general partners that are not from the EEA. Silent partners are not required to have a place of residence or a domicile in the EEA.
According to the new Finnish Limited Liability Companies Act (entered into force on 1 September 2006) there are not founders but shareholders in a limited liability company. The shareholders' place of residence or domicile is not a decisive factor for the establishment of a limited liability company. The shareholders also have their place of residence or domicile outside the EEA.In a limited liability company the Managing Director (and the deputy managing director, if any) and one of both the members and deputy members of the Board of Directors (and the Supervisory Board, if any) must be EEA residents; otherwise, a permit must be sought from the NBPR for all members that are not from the EEA. For example, if none of the members of the Board of Directors are from the EEA, a permit from the NBPR is required for all the members of the Board, even if all the deputy members are from the EEA.
The founders' place of residence or domicile is not a decisive factor for the establishment of a cooperative. The founders may also have their place of residence or domicile outside the EEA. The Managing Director (and the deputy managing director, if any) and one of both the regular members and deputy members of the Board of Directors (and the Supervisory Board, if any) must be EEA residents; otherwise, a permit must be sought from the NBPR for all members that are not from the EEA. For example, if none of the members of the Board of Directors are from the EEA, a permit from the NBPR is required for all the members of the Board, even if all the deputy members are from the EEA.
A foreign corporation or foundation may also establish a branch in Finland, and engage in business or trade activities from a permanent place of business in Finland in the name of the foreign corporation or foundation. A foreign corporation or foundation whose domicile is outside the EEA and that wishes to establish a branch in Finland must apply for a permit from the National Board of Patents and Registration.
