Apply for exemption from residency requirements – branch
If the managing director of the branch or the deputy managing director is resident outside the European Economic Area (EEA), the foreign-based company may apply for exemption from the residency requirements.
- An application signed by the managing director of the branch. There is no application form for this matter – you need to apply by writing us a letter regarding this matter.
- A copy of the managing director’s or the deputy managing director’s passport.
- A motivation for why the foreign-based company wants to have a managing director or deputy managing director living outside the EEA when the branch is based in Sweden.
Countries included in the EEA
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
The contents of the application
Bolagsverket has no application form for this matter. You need to write a letter on your own to apply for exemption from the residency requirements using a heading such as “Application for exemption from residency requirements for the managing director in accordance with the Foreign Branch Offices Act, article 9”.
In the application letter you must give reasons as to why a certain person should be the managing director even though he or she is resident outside the EEA.
The motivation for the exemption must contain a description of
- how the business activities are being carried out in Sweden,
- how the managing director’s administration of the branch shall be organized, and
- what measures the branch has taken or will be taking to compensate for the fact that the managing director is not resident within the EEA.
Appoint a deputy managing director
It is easier for us to grant the exemption from the residency requirements if the branch appoints a deputy managing director resident within the EEA at the same time as an application for exemption from the residency requirements for the managing director is filed. According to our normal practice, it is required that a deputy managing director is resident within the EEA.
Reasons for not granting an exemption
- If the application is recalled we write off the application.
- If the branch does not report sufficient reasons for the exemption, we refuse the application.
- If the application is not complete and is not being completed within the given time limit, we shall refuse it.
- If the fee is not paid, we reject the application.
We reserve the right to ask for further information before we decide on the matter.