---
title: Company incorporation, formation and legal structure
description: "Techstars Berlin only accepts companies into the Berlin Accelerator Programs that are **incorporated in the following countries**, where we have a legal process and ability to invest. If the company is not incorporated in one of the countries below, the founders…"
url: "https://jag.eu/docs/company-incorporation-formation-and-legal-structure/"
updated: "2020-08-26"
category: Thinking about applying to Techstars Berlin?
tags:
  - Before you apply
---

# Company incorporation, formation and legal structure

Techstars Berlin only accepts companies into the Berlin Accelerator Programs that are **incorporated in the following countries**, where we have a legal process and ability to invest.

If the company is not incorporated in one of the countries below, the founders will need to commit that the company will re-incorporate into one of these acceptable countries (commonly referred to as a “flip” or “flipping”) ***prior*** to receiving investment from Techstars.

(in alphabetical order)

1. ADGM (Dubai)
2. Australia
3. British Virgin Islands
4. Canada
5. Cayman Islands
6. Denmark
7. Finland
8. France
9. Germany
10. Hong Kong
11. Ireland
12. Israel
13. Italy
14. Netherlands
15. Norway
16. Portugal
17. Singapore
18. Spain
19. Sweden
20. United States (recommended)
21. United Kingdom (recommended)

If you haven't incorporated a company yet, please seek legal counsel and lawyers with lots of experience immediately. Not having incorporated **will not impact the investment decision, but you can expect delays in getting cash.**

We don't require founders to incorporate in any specific jurisdiction, but as investors we do recommend founders take the necessary steps to ensure the company has the brightest possible future. When considering where to incorporate, here are some things to think about:

| Where do the founders plan to be following program? *It makes sense for the company to incorporate in the country in (or near) which the founders plan to be post-program* |
| --- |
| Where is the company's primary target market (vs available market)? |
| What is the stage of the product roadmap for marketing and technology? *In general, earlier is better when considering a Flip, and tax/IP considerations are more difficult as the company grows in value.* |
| Where is the company's IP owned? (Many countries have an exit tax or other restrictions when IP is moved from the country.) |
| Where is the company's IP developed, if different than where it's owned? |
| Is the Company's IP subject to any exclusive license? |
| Has the company accepted, or is the company eligible for, government grants, loans, or other incentives in its home country? *The existence of favorable grants and company incentives can be a strong incentive to remain in country and prohibit a company's Flip.* |
| Who are its major customers, and where are they located? |
| Has the company raised VC investment? |
| Is the country of formation [exchange control regulated](https://en.wikipedia.org/wiki/Foreign_exchange_controls)? If yes, what are constraints / restrictions associated with such foreign exchange controls? |