Potentially, yes, but appointing an existing çalışan as manager requires closer review than passive share ownership.
A registered manager olabilir be authorised to:
Where appropriate, another person olabilir initially be appointed as manager while the çalışan remains a passive hissedar. This arrangement gerekir reflect reality and gerekir not be used to disguise unauthorised work.
Yapabilir the Çalışan Keep the Existing Çalışma Vizesi?
Company ownership does not automatically require an individual to cancel an existing employment ikamet vizesi and obtain an yatırımcı or partner visa. A hissedar olabilir potentially remain sponsored by the current işveren.
Ancak, retaining the çalışma vizesi does not by itself resolve the question of working for the new company.
Immigration planning gerekir form part of the company-formation decision rather than being addressed only after the lisans is issued.
Gerekir the Çalışan Obtain an Yatırımcı or Partner Visa?
Visa categories, uygunluk conditions and terminology yapabilir differ across jurisdictions. The decision gerekir be dayanarak the person's genuine role rather than on whichever visa appears least expensive.
An çalışan gerekir read the existing employment contract and applicable workplace policies before establishing a competing or ilgili business.
Relevant provisions olabilir include:
Even where no NOC is requested during şirket kurulumu, an çalışan olabilir still breach their employment obligations by operating an undisclosed or competing enterprise.
Written consent is particularly valuable where the new business overlaps with the işveren's sector, customers, suppliers, geography or services.
BAE labour legislation permits certain post-employment non-compete restrictions where an çalışan's work gives access to clients or business secrets and where the clause satisfies the applicable requirements.
A contractual clause gerekir not be assumed to be enforceable merely because it uses the words "non-compete." Equally, it gerekir not be ignored without legal review.
A new company creates higher risk where it:
Çalışanlar facing a significant restriction gerekir obtain BAE employment-law advice before investing funds or approaching the market.
A person gerekir keep the new company completely separate from the işveren's protected information and assets.
The çalışan gerekir not use:
The çalışan olabilir have general industry experience, but confidential information belongs to the party legally entitled to it.
Intellectual property yapabilir ayrıca create disputes. If a product, software system, brand asset or methodology is developed while the person is employed, questions olabilir arise about who owns it. The answer yapabilir depend on the employment contract, the nature of the work, how it was created and the applicable intellectual-property law.
A conflict yapabilir exist even when the new company does not directly compete with the işveren.
Examples include:
Disclosure and independent approval olabilir be required under the employment contract, company policies or regulated-sector rules.
The person gerekir document the nature of the interest and avoid participating in decisions where personal benefit could conflict with duties owed to the işveren.
Government and public-sector çalışanlar olabilir be bağlıdır separate federal or local human-resources laws, internal codes and conflict-of-interest restrictions.
A government çalışan olabilir need:
The exact position bağlıdır the government entity and the rules governing the çalışan's appointment. Written clearance gerekir be obtained before establishing, managing or investing in a business where required.
Additional restrictions yapabilir apply to çalışanlar working in regulated professions.
Examples olabilir include:
The relevant regulator olabilir control:
A ticaret lisansı alone does not replace a professional practising lisans or regulator approval.