Faculty & Staff

Company Registration

Mailman School departments and centers preparing to establish ongoing operations in a country, as defined in Operational Modality, should determine the need for and the process for registering Columbia University to have a presence and conduct business in that country.

Registration is a complex process requiring that the University’s Office of the General Counsel work in close collaboration with local legal counsel, who prepare the articles and memorandum of association/operating agreement and ensure that these are executed. The decision to register as a local entity rests with OGC. See Section 4.2.1 of the ICAP SOPs for guidance that may be useful in the context of other international projects.

MOUs with Government and Tax Exemptions

Memoranda of Understanding (MOUs) established between Columbia University and foreign governments, universities, or other major institutions may be necessary when University projects based outside the United States do not fall under a broader umbrella project. An MOU is not needed when the umbrella project has an existing agreement such as country registration, MOU, and/or bilateral agreement with the foreign entity.

In some countries, MOUs are critical to undertaking work and having any public presence. They allow for hiring of staff, obtaining tax exemptions, opening of bank accounts, and otherwise operating with facility in that country. For optimal implementation of projects, MOUs should be authorized by the highest level government official in-country and/or in accordance with local laws and regulations.

Every MOU must be signed by both:

1. The Executive Vice President for Health and Biomedical Sciences, Dean of the Faculties of Health Sciences and Medicine, Columbia University and
2. The Dean, Mailman School of Public Health, Columbia University.

Their titles and signatures should appear in exactly this way and sequence on the final page of the document.

PIs and Country/Project Directors are not authorized to sign MOUs, and no MOU may be signed without prior written approval from the Office of the General Counsel.

The MOU should detail the purpose, scope, and form of assistance, and the rights and obligations of the University and the government. The University will seek to have the MOU provide for exemption from all taxes for goods and services acquired, and expatriate staff employed by the University. A sample MOU is provided in Appendix 3 of the ICAP SOPs.

Other Legal Registrations

It is possible that other legal registrations will be required or desired between the University and other governmental or independent agencies such as local non- governmental organizations (NGOs). In addition, legal registrations may be needed for projects’ satellite offices. These efforts must be done in conjunction with the Dean’s Office and OGC.

Other Official Agreements

PIs and Country/Project Directors are not authorized to sign legal agreements or contracts. The PI should consult with the Department Administrator to determine current policy on who is authorized to sign the agreement or contract in question. The Department Administrator will consult with the Dean’s Office, which in turn will consult the University’s Office of the General Counsel as needed for a determination.