Business and Industry Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
December 20, 2014 By The Law Offices of R. Sebastian Gibson
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
December 20, 2014 By STA Law Firm
Setting up a business in a new jurisdiction often calls for deciding on legal structure of entity to be incorporated. Investors may consider setting up a sole proprietorship, a limited liability partnership, joint-venture from of business or operate as co-operative society. There is no yardstick in choosing the entity type - a lot depends on careful planning, understanding governance norms, exit strategy & more. The best choice isn't always obvious or readily available.
December 19, 2014 By The Law Offices of R. Sebastian Gibson
In January 2015 the Treasury Dept. is expected to issue regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.
December 19, 2014 By GRP Rainer LLP
Untaxed illicit earnings in foreign clandestine accounts are preying on the minds of more and more tax evaders. A voluntary declaration can ensure they sleep easy again.
December 18, 2014 By GRP Rainer LLP
Corporation tax is a type of income tax for legal persons, e.g. corporations. It is for this reason that some of the rules of income tax are applied to its taxation.
December 17, 2014 By HG.org
Yes, a minor can legally enter into a contract. However, whether the contract is enforceable will depend on a number of factors.
December 17, 2014 By GRP Rainer LLP
Voluntary declarations leading to immunity serve as an incentive to return to a state of legal tax affairs, yet they will only succeed if they are error-free.
December 16, 2014 By GRP Rainer LLP
German tax law is complex and constantly changing. It is therefore easy to unwittingly render oneself guilty of tax evasion. The consequences can be drastic penalties.
December 15, 2014 By HG.org
When a person indicates that he or she is not planning to perform his or her obligations under the contract, this is considered anticipatory repudiation. The party who was not planning to breach the contract can use anticipatory repudiation in order to seek remedies against the other party.
December 15, 2014 By GRP Rainer LLP
The planned tightening up of voluntary declarations supposedly has cash registers ringing. Die Welt reports that this will apparently entail additional revenues of around 15 million euros a year.
December 15, 2014 By Levine Bridge Law Firm
The State Duma was sent a draft law on mandatory biometric registration of citizens of Russia. According to the authors of the draft law, mandatory biometric registration will allow getting away from the practice of presenting identity documents and will allow solving problems in the law and in the social sphere in time.
December 12, 2014 By GRP Rainer LLP
The state looks to profit even from gifts, levying gift tax as soon as the tax allowance is exceeded. There are, however, different possible arrangements in connection with gift tax.
December 11, 2014 By GRP Rainer LLP
Heirs must file an inheritance tax declaration with the tax authorities. If the estate includes illicit earnings, these must be reported immediately.
December 10, 2014 By JK LIM Advocates & Solicitors
There is always the beginning and the end. Upon being appointed as directors, many of these directors may not be aware of the requisite notice period of resignation from their high office.
December 10, 2014 By GRP Rainer LLP
The pressure on tax evaders continues to rise. Since North Rhine-Westphalia announced an additional purchase of CDs on tax evaders, Hessen is now also not ruling out this option.
December 9, 2014 By Thai International Law Firm Co., Ltd.
In Thailand, business formation in Thailand is very expensive in order to comply with the rules and regulations set forth by the government. Many might have expected that it is going to be cheap, but it is more of a hassle than one could anticipate.
December 9, 2014 By GRP Rainer LLP
Due to the advancing pace of globalisation, international tax law is becoming increasingly more important. This affects private individuals, but especially internationally operating businesses.
December 8, 2014 By Herdem Attorneys at Law
As exception to liberty of contracting and unlike a number of other industries, Turkey's petroleum industry imposes certain obligations to petroleum right owners in contracting the conduct of the petroleum operations. At the first glance this seems that it aims to strengthen the management of hazards by enhancing the safety however the liability imposed to petroleum right owners in case of contracting the operations still remains unclear in terms of limitation.
December 8, 2014 By GRP Rainer LLP
For many people, tax law is a closed book. Expert help is frequently necessary in order to pay taxes correctly and at the same time avoid giving away too much money.
December 7, 2014 By Egorov, Mazavina, Petrov And Partners
A brief description of corporate vehicles commonly used for doing business in Russia.
December 7, 2014 By HG.org
Planned obsolescence occurs when a product designer creates a design that is meant to phase out after a certain period of time. This makes the product have a lifespan of a limited duration, often influencing consumers to upgrade to a more expensive model. Many times, the product fizzles out just after the warranty period.
December 5, 2014 By Alimohammad & Zafar, PLLC
There are many different types of business entities, each having their own advantages and disadvantages. This article intends to define and explain some of the most common entities. Since people have different goals and circumstances, it is important for one to know which option is the best fit for his or her business.
December 5, 2014 By Alimohammad & Zafar, PLLC
Buying a franchise can be an immensely profitable business opportunity. You can sell goods and services that have instant name recognition, and get training and support that can help you succeed. However, buying a franchise is no guarantee of success. Here is some useful information about franchises to consider before you decide to purchase one.
Germany Tax Evasion: Only Those Who Take Notice of the Details Pertaining to Voluntary Declarations Emerge Unpunished
December 5, 2014 By GRP Rainer LLP
It is a misapprehension to believe that a voluntary declaration automatically leads to immunity following tax evasion. Strict rules apply for voluntary disclosure.
December 4, 2014 By GRP Rainer LLP
On September 24, the federal government adopted a tightening of the rules for voluntary disclosure in the event of tax evasion. Amounts shall only remain unpunished up to 25,000 EUR.
Risk Of Discovery Continues To Increase – Return To A State Of Legal Tax Affairs Via Voluntary Declaration
December 3, 2014 By GRP Rainer LLP
Owing to so-called group enquiries, German tax investigators are able to retroactively search for tax evaders in Switzerland up to February 1, 2013.
December 3, 2014 By Levine Bridge Law Firm
Public Chamber of the Russian Federation held a hearing to discuss issues on improving legislation of the Russian Federation in the field of migration control. Part of the hearing dealt with the basic provisions of the second version of the bill "On Immigration Control of the Russian Federation".
December 3, 2014 By Levine Bridge Law Firm
On November 24, the President of the Russian Federation signed the Federal Law eliminating the need for foreign citizens obtaining a work permit in the Russian Federation who arrived via a visa-free regime. From January 1 2015 for the implementation of the work in Russia CIS citizens have to be issued a patent. The patent will allow the specified foreign citizens to work as for legal entities and for physical persons.
December 2, 2014 By GRP Rainer LLP
Anyone coming into an inheritance generally has to pay inheritance tax. However, by observing certain regulations, they can ensure that the tax authorities take a smaller share.
December 1, 2014 By Egorov, Mazavina, Petrov And Partners
Like other jurisdictions, Russia has a set of requirements which may impact upon persons considering investing or investing into Russian businesses.
November 27, 2014 By Siam Legal International
The Foreign Business Act of 1999 generally restricts service businesses under Category (21) of List Three, with certain explicit exemptions such as hotel management services under Category (17). Furthermore, the Ministerial Regulation Re: List of Service Businesses Exempt from Requiring a Foreign Business License of B.E. 2556 (2013) also exempts certain businesses related to securities and investment from requiring a Foreign Business License.
November 27, 2014 By Egorov, Mazavina, Petrov And Partners
Effective January 1, 2015, a new regulation on opening and closing branches and representative offices of non-Russian companies shall come into force in Russia.
November 26, 2014 By Cobb Law Group
In large construction projects, it is not unusual to have a joint venture between parties; when these joint venture agreements are terminated, however, the specific terms must be scrutinized. A recent Georgia Court of Appeals case discusses some important issues such as fiduciary responsibility, contract ambiguity, and indeminification.
November 24, 2014 By Kydalov & Partners
Debt collection is a complicated juridical procedure, especially if your debtor is in the other country. Along with the already familiar problems there are some additional aspects (like linguistic barrier, country’s specific legislation). It seems nearly impossible, but it can be solved easily. To solve the problem, a foreign businessman needs Ukrainian lawyers’ help.
November 20, 2014 By Egorov, Mazavina, Petrov And Partners
The Russian Law "On the Protection of Competition" (the "Competition Law") came into effect on October 26, 2006.
November 18, 2014 By Egorov, Mazavina, Petrov And Partners
To successfully structure a cross-border transaction, it is important to do a careful antimonopoly law analysis at an early stage.
November 17, 2014 By Egorov, Mazavina, Petrov And Partners
Distribution agreement is not a concept that is well-developed in Russia. There is not an established court guidance on most of the terms and conditions a reasonable non-Russian supplier seeks to include into the distribution agreement.
November 17, 2014 By IPStyle
In different countries Patentability of business methods has always been the subject of controversy. Ukraine is not exception of this rule.
November 17, 2014 By Advocate Md Mahmudul Hasan and Associates
Immigration laws are very important factor for the developing countries who used to export manpower to developed countries. In the developed countries, the immigration practices are handled by skilled lawyers but unfortunately in Bangladesh it is mainly handled by brokers,agents, Travel Agencies and illiterate people. That is why the applicants are not getting proper legal advice and facing serious problems as well as harassment regarding Immigration matters.
November 10, 2014 By Al Rowaad Advocates & Legal Consultancy
The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism.
November 9, 2014 By Evanns Collection Law Firm
A large part of our judgment collection law practice is collection of labor awards, or more specifically enforcement labor judgments. Essentially, these result when an employer fails to properly pay an employee for wages, overtime pay, or otherwise violates California labor laws.
November 7, 2014 By Siam Legal International
The Investment Promotion Act of B.E. 2520 (1977) allows three categories for foreigners to enter Thailand in addition to the standard immigration rules. Section 24 of the Act allows for foreigners to enter the country in order to survey investment opportunities. Section 25 allows foreigners who are skilled technicians or experts (and their dependents) to enter the country to work for a company that has been promoted by the Board of Investment (BOI).
November 5, 2014 By Levine Bridge Law Firm
Testing of foreign citizens in the Russian language, history and basic understanding of Russian law. In the Public Chamber of the Russian Federation the issue of control over the organization where foreign citizens are tested for knowledge of Russian language was discussed. This issue is particularly relevant in relation to foreign citizens who hold certification, but are not able to speak in Russian.
November 4, 2014 By Cobb Law Group
A recent decision by the Georgia Court of Appeals has given homeowners loop-hole against lien claims as the lien claimant's summary judgment against the homeowner was reversed.
November 2, 2014 By Al Rowaad Advocates & Legal Consultancy
Strong relationships with customers remain the key to successful contractual lending and borrowing arrangements in the UAE. However, lending on the strength of relationship (or name) alone is not economically viable or justified.
October 27, 2014 By Herdem Attorneys at Law
Since last 10 years the financial developments and the promising financial and technological progresses notably in energy, tourism and infrastructure sectors have attracted the foreign investors' interest.
October 25, 2014 By The Law Office of Heather Cullen, APC
How a marital dissolution action can affect an family business in California.
October 22, 2014 By Mehdiyoun Law Firm
When the business faces a cash flow problem, many business owners use the payroll taxes collected but not yet turned over to the IRS.
October 22, 2014 By P.N. Kourtellos & Associates LLC
First to be explored is the legal nature of the so called “nominee shareholder”. Nominee shareholder is a shareholder of a company holding shares nominally only, that is, only in name. In such a way the identity of the ultimate beneficial owner (“UBO”) of the shares is not disclosed.
October 21, 2014 By GRP Rainer LLP
The German government has approved a bill to tighten the rules for voluntary disclosure in the event of tax evasion. The law is expected to enter into force on January 1, 2015.
October 20, 2014 By Evanns Collection Law Firm
Collecting on a judgment even in ideal circumstances can often be a time-consuming and complex process, and that presumes the debtor is solvent, and doing business and/or making money. When the judgment enforcement against a debtor who is a company or legal entity, which appears to be (or is) out of business, the process can be considerably more troublesome and taxing.
October 17, 2014 By Parris Whittaker, Attorney at Law
The practical effect of indemnity provisions in commercial contracts is dependent upon the detail in their drafting, an important ruling has confirmed.
October 17, 2014 By Parris Whittaker, Attorney at Law
Joint ventures take many different forms but few have such an unusual background as a recent dispute involving what started as a simple agreement.
October 17, 2014 By GRP Rainer LLP
An association is frequently established as a way of pooling the strengths of individuals to form a strong special interest group. Legal and fiscal aspects must be observed when establishing an association.
October 16, 2014 By STA Law Firm
All change is not growth, as all movement is not forward (Ellen Glasgow). The term ‘change’ in simplest form means going from one state to a new state. Although the word ‘change’ is broad enough to connote positive as well as negative change, the likelihood of ‘change’ unfolding positive or welcoming outcome cannot always be pre-determined. A well-conceived and planned change could however result in positive if everything related with the plan goes right.
October 16, 2014 By GRP Rainer LLP
Many foundations serve charitable purposes, but there are also those foundations that are run for private benefit, such as the family foundation. The latter can e.g. be used to avoid inheritance disputes.
October 15, 2014 By GRP Rainer LLP
Breaches of the terms of a contract may entail legal consequences, such as e.g. damages claims. It is therefore all the more important to regulate rights and obligations in the contract in detail.
October 14, 2014 By Reckmeyer Law, LLC
Family owned businesses may thrive over multiple generations. To have lasting success, the family owned business needs to transition ownership from generation to generation. To preserve family harmony and maintain a healthy business, it may be best to transition ownership to family members that are active participants in the business, while allowing non-active family members an opportunity to “cash out” and direct their funds elsewhere as desired by their preferences.
October 14, 2014 By GRP Rainer LLP
It is becoming increasingly difficult for tax evaders to remain undetected due to the automatic exchange of information between EU member states, particularly as Switzerland has signalled its willingness to cooperate.
October 10, 2014 By AMS Advocaten
Partnerships between agents and principals in agency relationships don’t always go smoothly. In this case, a dispute arose between a travel agent and a travel operator related to ‘price manipulation’.
October 10, 2014 By AMS Advocaten
In January 2014, the judge hearing the application for interim relief at the Amsterdam district court was required to pronounce on the continued operativeness on a company of a shareholders’ agreement. Company law specialist Hein Hoogendoorn explains the judgement by the judge hearing the application for interim relief on this question.
October 10, 2014 By GRP Rainer LLP
The use of the slogan “the only complete programme throughout Germany” in an advertisement for a dental care programme is misleading in the opinion of the Higher Regional Court of Hamm.
Unpaid Income Tax Establishes Liability of the Managing Director of a German Limited Liability Company
October 9, 2014 By GRP Rainer LLP
In terms of the overall responsibility, a managing director is also liable for the income tax of employed workers that is not paid to the tax office.
October 8, 2014 By GRP Rainer LLP
North Rhine-Westphalia’s (NRW) Minister of Finance, Walter Borjans, announced in the Rheinischen Post Online that NRW will continue purchasing CDs with data on suspected tax evaders.
October 7, 2014 By Cobb Law Group
Contractors and suppliers, whose labor, services, equipment or materials were used to improve real estate, may be entitled to file a claim of lien under the Georgia Mechanics and Materialman's Lien Statute if they are not paid. Navigating this law, however, can be difficult so we have put together this step-by-step guide to help you understand the complexities of Georgia's Lien Laws.
October 7, 2014 By FCB&A
Angola now offers much more than just a promising opportunity for foreign investors with its positive investment strategy, a thriving economy and a strong willingness to grow.
October 7, 2014 By GRP Rainer LLP
Consumers and suppliers ought to benefit in equal measure from fair competition. In the event of infringements of competition law, legal action can be taken.
October 2, 2014 By CTM Avvocati
A Legality Rating was established as an opportunity for: spreading the culture of legality, demonstrating your company’s ethical credentials, obtaining financing and verifying your organization and your suppliers.
October 2, 2014 By Herdem Attorneys at Law
Company structuring in Turkey mainly focuses on two types; joint stock and limited liability companies. Alteration in partnership structure or share transfer of these kinds of companies shall be subject to commercial legislation.
October 2, 2014 By GRP Rainer LLP
If someone wishes to establish a business, the right company form must be found. Different rights and obligations emerge depending on the chosen company form.
September 30, 2014 By Esmeray Law Office
Security for costs is money that a plaintiff is ordered to provide to the court as a condition of continuing with a claim or execution proceeding, and which will be applied on any costs order that may be made against the plaintiff. It provides a safeguard to the defendant in financial terms so as to ensure that he is not unduly burdened by having to bear his own costs in defending claims by plaintiffs who may be unable or unwilling to pay costs to the defendant when ordered by the court.
September 30, 2014 By Esmeray Law Office
Do you have court order from court of your country that you wish to seek recognition of it in Turkey, but you are concerned that it might not be recognized, because it does not contain the grounds on which the decision is built? Well, here is a good news!
September 30, 2014 By GRP Rainer LLP
For commercial agents, some rights and obligations are regulated separately in the German Commercial Code (Handelsgesetzbuch (HGB)). Special attention needs to be paid e.g. to claims for commission and compensation.
September 29, 2014 By GRP Rainer LLP
If someone wants to correct a false tax declaration by means of an amended tax return, they must disclose all tax matters pertaining to the past five years. A partial amended tax return is insufficient.
September 26, 2014 By GRP Rainer LLP
Fair competition serves the common good. Competition law ensures that all those concerned operate within the confines of regulations and laws.
September 25, 2014 By GRP Rainer LLP
The GmbH corporate form offers plenty of creative room for manoeuvre. It is also particularly popular among sole traders and family businesses because of the limitation on liability.
September 24, 2014 By GRP Rainer LLP
By granting licenses, a holder of rights is able to transfer the authority to use rights to others. Those exploiting these rights without the appropriate license could potentially be exposed to damages claims.
September 23, 2014 By Anvis Law Firm
A brief overview about the guarantees that Ukrainian legislation provides for foreign investors and which steps should be done to enjoy them.
September 23, 2014 By Cobb Law Group
The recession has two valuable lessons for credit managers: First, even the best businesses can become significant credit risks, and, second, we have all had more practical experience in extending credit and collecting on past-due receivables. This article focuses on practical tips which credit managers can implement today to reduce the likelihood of nonpayment.
September 23, 2014 By CTM Avvocati
A general overview of the legal steps which are usually followed, under Italian law, in respect of debt collection.
September 23, 2014 By GRP Rainer LLP
The position of the board of directors in a company carries with it a lot of decision-making power and responsibility, but also risks as the members of the board of directors are liable with their private assets.
When does a limitation begin to run? Limitation periods (also known as ‘prescriptive’ periods) are an important element in litigation. A claim will be out of time if it is not made within the limitation period and the claimant will not be able to take legal action (subject to strict exceptions).
The legal relationships between a businessman and his business partners are essentially regulated by commercial law. While businessmen enjoy privileges, they must also accept certain disadvantages.
If someone has evaded taxes and would like to submit an amended tax return leading to immunity from punishment, they should have sufficient liquidity. The tax liability must be discharged within a short timescale.
Every day, individuals are injured while on the premises of a business. Injured individuals may be able to pursue a personal injury lawsuit and recover for the damages that they suffer.
Tax evasion is a criminal offence which not only entails heavy financial penalties, but also custodial sentences. By submitting an amended tax return, you can obtain an exemption from punishment.
The turning point for regulating the market dates back to 2001 for Turkish banking industry after a major banking crisis in Turkey.
Malta Financial Services Authority Issues a Consultation Document on the Proposals for Securitisation Cell Companies Regulations
Cell companies have been an established feature of Maltese legislation since 2004, following the enactment of the Companies Act (Cell Companies carrying on business of insurance) Regulations, 2004 (the “PCC Regulations”). Since then the cell company concept in Malta has not only taken root among market operators and practitioners but has also influenced the development of other legal frameworks in the insurance and funds sector.
By STA Law Firm
Feeling blue or are you seeing red because you are turning green with jealousy at the neighbor’s new car? Colors are not only used to describe the emotions we feel, but they are imperative in our world. Universally red means ‘stop’ and green means ‘go’ and traffic lights across the world send this message. It should come as no surprise that colors hold a great importance and are increasingly used as trademarks (color marks) in the marketplace.
When the partners in a group medical practice argue, usually it comes from one of these problem areas: control, compensation, exit. This article discusses control.
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.
It’s a nasty surprise to discover, after you’ve paid the purchase price for the business, that you must pay the seller’s debts and liabilities from before the closing.
How to avoid successor liability when buying a medical practice, specifically as regards provider numbers and taxes. It’s a nasty surprise to discover, after you’ve paid the purchase price for the practice, that you must pay the seller’s debts and liabilities from before the closing.
Ready to move your startup out of the garage and into real office space? Here are some tips on negotiating your startup office lease.
By Global Jurix
Today, the Real Estate Investment Trusts [REITs] are highly successful in more than 20 countries worldwide, including USA, UK, Australia, France, etc. Therefore, SEBI has rightly allowed trading of such REITs in India also, in August 2014, to pave the way for desired growth and transparency in the vast and fast-paced real estate sector of India. Besides bringing in the globally accepted practices, these REITs are expected to infuse a new lease of life and zing in the Indian real estate sector.
Whether a life insurance policy can still be cancelled years later depends to a large extent on whether the policyholder’s possibilities of cancellation were properly explained to him.
In the context of dismissing and terminating the contract of a managing director, essential points have to be observed.
Germany is a good starting point for introducing a business to the European market. It is not only one of Europe’s largest national economies, but also geographically in the center of Europe, with an excellent infrastructure and good transportation connections to major European cities.
World trade, important for merchant shipping and thus also those investing in ship funds, appears to be losing momentum. This is demonstrated by the current figures.
Enforcing international jurisprudence in Germany is not always easy. State borders also mark the end of the jurisdiction of courts. This can lead to problems if the matter is one of enforcing claims against foreign debtors.