Results 1 to 7 of 7
  1. #1
    ayume is offline Newbie
    • Member Info
      • Member Type:
      • Other
      • Native Language:
      • Malay
      • Home Country:
      • Malaysia
      • Current Location:
      • Malaysia
    Join Date
    Sep 2013
    Posts
    2
    Post Thanks / Like

    Default domiciled and incorporated

    Hi all,

    I would like to know what is the difference of domiciled and incorporated?

    For instance, Company A was incorporated in UK and the main country operation of the business is China. Is it correct if :

    incorporated = UK
    domiciled = China

    Please advise.

    Thank you in advance.

  2. #2
    MikeNewYork's Avatar
    MikeNewYork is offline VIP Member
    • Member Info
      • Member Type:
      • Academic
      • Native Language:
      • American English
      • Home Country:
      • United States
      • Current Location:
      • United States
    Join Date
    Nov 2002
    Posts
    11,942
    Post Thanks / Like

    Default Re: domiciled and incorporated

    Quote Originally Posted by ayume View Post
    Hi all,

    I would like to know what is the difference of domiciled and incorporated?

    For instance, Company A was incorporated in UK and the main country operation of the business is China. Is it correct if :

    incorporated = UK
    domiciled = China

    Please advise.

    Thank you in advance.
    Yes.

  3. #3
    probus's Avatar
    probus is offline Key Member
    • Member Info
      • Member Type:
      • Retired English Teacher
      • Native Language:
      • English
      • Home Country:
      • Canada
      • Current Location:
      • Canada
    Join Date
    Jan 2011
    Posts
    1,911
    Post Thanks / Like

    Default Re: domiciled and incorporated

    These terms are both legal jargon, little used in non-technical language. And they have nothing to do with each another.

    Domicile is a legal term related to but distinct from the term residence. Under British common law you are resident in any jurisdiction where you customarily live, and therefore you can have more than one residence at the same time. It is possible (although sometimes not easy) to become a non-resident of a jurisdiction in which you were formerly a resident. A domicile is more like an original or long-held residence and is much more difficult to rid oneself of. The concept of residence is especially relevant in laws taxing income, whereas domicile is a concept mostly used in taxing inheritance.

    Incorporated, on the other hand, means formed into a corporation. In law a corporation is an artificial person. Just like a natural person, it can buy, sell and own property, sue and be sued, employ people etc. A corporation is just like a natural person except that it can act only through the medium of its directors and officers, and never dies unless wound up voluntarily by its shareholders, or involuntarily by government fiat.

    And domicile does not apply to corporations. Only natural persons have a domicile.

    I should add that journalists occasionally abuse these technical terms, but when they do, no clear meaning results.
    Last edited by probus; 01-Oct-2013 at 03:52.

  4. #4
    ayume is offline Newbie
    • Member Info
      • Member Type:
      • Other
      • Native Language:
      • Malay
      • Home Country:
      • Malaysia
      • Current Location:
      • Malaysia
    Join Date
    Sep 2013
    Posts
    2
    Post Thanks / Like

    Default Re: domiciled and incorporated

    Quote Originally Posted by MikeNewYork View Post
    Yes.
    Hi Mike,

    Thank you for your reply. I have the same opinion as you. I just need clarification since my colleague said country of domiciled is same as country of incorporation. Please allow me to have another opinion from you.

    Refer to the sentence below (extracted from one of the company's prospectus) :
    "The Company’s registered office is at Walker House, PO Box 72, 28-34 Hill Street, St. Helier, Jersey, JE4 8PN, Channel Islands and its principal place of business is in Malaysia. The Company is domiciled in Jersey. "

    Therefore :

    Incorporated = Jersey
    Domiciled = Malaysia OR Jersey

    Please advise.

  5. #5
    5jj's Avatar
    5jj is offline VIP Member
    • Member Info
      • Member Type:
      • Retired English Teacher
      • Native Language:
      • British English
      • Home Country:
      • England
      • Current Location:
      • Czech Republic
    Join Date
    Oct 2010
    Posts
    28,169
    Post Thanks / Like

    Default Re: domiciled and incorporated

    In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave permanently (i.e., if that person has moved to a different state, but has not yet formed an intention to remain there indefinitely). A corporation’s place of domicile is equivalent to its place of incorporation.



    Domicile (law) - Wikipedia, the free encyclopedia
    Please do not edit your question after it has received a response. Such editing can make the response hard for others to understand.


  6. #6
    MikeNewYork's Avatar
    MikeNewYork is offline VIP Member
    • Member Info
      • Member Type:
      • Academic
      • Native Language:
      • American English
      • Home Country:
      • United States
      • Current Location:
      • United States
    Join Date
    Nov 2002
    Posts
    11,942
    Post Thanks / Like

    Default Re: domiciled and incorporated

    Quote Originally Posted by ayume View Post
    Hi Mike,

    Thank you for your reply. I have the same opinion as you. I just need clarification since my colleague said country of domiciled is same as country of incorporation. Please allow me to have another opinion from you.

    Refer to the sentence below (extracted from one of the company's prospectus) :
    "The Company’s registered office is at Walker House, PO Box 72, 28-34 Hill Street, St. Helier, Jersey, JE4 8PN, Channel Islands and its principal place of business is in Malaysia. The Company is domiciled in Jersey. "

    Therefore :

    Incorporated = Jersey
    Domiciled = Malaysia OR Jersey

    Please advise.
    It turns out that my opinion was probably wrong. I based my opinion on several corporations I know that have their headquarters in one state but that were incorporated in a different state because of more favorable corporation laws. However, based on information from Probus and 5jj, it appears that "domiciled" has a specific legal definition. See the article linked at the end of 5jj's reply.

  7. #7
    probus's Avatar
    probus is offline Key Member
    • Member Info
      • Member Type:
      • Retired English Teacher
      • Native Language:
      • English
      • Home Country:
      • Canada
      • Current Location:
      • Canada
    Join Date
    Jan 2011
    Posts
    1,911
    Post Thanks / Like

    Default Re: domiciled and incorporated

    Under Canadian law, at least, corporations are residents of one or more jurisdictions, but do not have a domicile.

Similar Threads

  1. Can 'discipline' be 'incorporated' in children?
    By Mehrgan in forum Ask a Teacher
    Replies: 3
    Last Post: 09-Mar-2013, 11:20
  2. incorporated in his words
    By ostap77 in forum Ask a Teacher
    Replies: 2
    Last Post: 07-Dec-2010, 20:39
  3. incorporated under legal form
    By Allen165 in forum Ask a Teacher
    Replies: 4
    Last Post: 04-Sep-2009, 00:10
  4. incorporated, her spirit
    By user_gary in forum Ask a Teacher
    Replies: 6
    Last Post: 03-May-2007, 09:58
  5. be incorporated in a range of beauty products?
    By bosun in forum Ask a Teacher
    Replies: 1
    Last Post: 23-Oct-2006, 22:02

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Hotchalk