Business and Industry Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.
October 12, 2015 By HG.org
Many people have heard the term “industry standard” bandied about during legal discussions, whether in contract negotiations or during lawsuits, but most may not know what this really means. Indeed, many practitioners may be unclear on the meaning and use of “industry standards,” as well.
October 12, 2015 By GRP Rainer LLP
Even an outgoing commercial agent is entitled to the full portfolio management commission. That was the decision of the Landgericht Köln (Regional Court of Cologne) in its ruling of June 30, 2015, Az.: 4 O 355/14 (not yet final).
October 10, 2015 By Zhejiang Xinmu Law Firm
How to choose a reliable Chinese supplier in international trade business, for foreign merchants.
October 9, 2015 By GRP Rainer LLP
Foundations based in Switzerland need to pay tax on their income generated in Germany, even if they pursue non-profit causes.
October 8, 2015 By GRP Rainer LLP
It is thought that around eleven million vehicles worldwide have been affected by the VW scandal concerning manipulated emissions test data, including models from Volkswagen’s subsidiaries Audi, Skoda and Seat.
October 8, 2015 By MMLC Group
China’s revised Advertising Law of the People’s Republic of China, effective as of 1 September, 2015, represents the first major revision since being enacted in 1995.
October 7, 2015 By Delchev & Partners
Various reasons may lead you to the resolution that a going limited liability company in Bulgaria is necessary to be transformed into a joint-stock company. Improvement of the image of the company with regard to future financing/projects, provision of certain anonymity to the shareholders, bond issue, planned listing of the company on the Bulgarian stock exchange, etc., is just a short list of the likely reasons for a Bulgarian company to be transformed.
October 7, 2015 By GRP Rainer LLP
If a creditor knew that a company was materially or factually insolvent and nevertheless accepted money, it can be ordered to repay this pursuant to insolvency law.
October 7, 2015 By Evagoras Anastasiou & Associates LLC
The government of Cyprus has announced new amendments in the island’s tax system in order to attract foreign investment and increase Cyprus’ economic activity.
October 7, 2015 By Watkins Firm, A Professional Corporation
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
October 6, 2015 By GRP Rainer LLP
Infringements of competition law can prove to be costly. Following a ruling of the OLG Celle of July 7, 2015, this is also true for impermissible advertising of the location of a company (Az. 13 W 35/15).
October 6, 2015 By Kydalov & Partners
“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.
October 3, 2015 By Romero Arteta Ponce Attorneys
Despite recent the economic crisis and downturns in several important countries in the region, Latin America still remains a crucial trading and investment area for multinationals. For after over a decade of full-blown globalization efforts by the government and international investors, Ecuador has opened to foreign investment.
October 1, 2015 By HG.org
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.
October 1, 2015 By Summerfield Browne Solicitors
The Small Business, Enterprise and Employment Act 2015 is being implemented in the UK.
September 28, 2015 By HG.org
Parties are usually free to contract as they see fit. However, if one party’s actions rise to the level of duress, the act of entering into a contract is no longer a voluntary process, and the contract may not be enforced.
September 24, 2015 By GRP Rainer LLP
The European Court of Justice (ECJ) has strengthened consumer protection. Thus, food products cannot give the impression that they contain certain ingredients if this is not actually the case.
September 23, 2015 By GRP Rainer LLP
Franchisees can assert claims for damages if they were knowingly forecast unrealistic turnover figures when everything was being explained to them prior to the conclusion of the agreement.
September 23, 2015 By Yingke Law Firm
When reaching a contract, parties are supposed to making all related terms clear. However in practice, the terms of a contract are not always ready there because of lack of negotiation, short of time, or negligence, etc. This brings out trouble and confusion when performing. Luckily the law provides repair methods.
September 21, 2015 By Yingke Law Firm
Contracting fault responsibility lies between the liability of breach and infringement. In practice, the liability is strictly applied. It has to meet certain standards promulgated by law.
September 22, 2015 By B&R Latin America IP LLC
A legal framework that guarantees stability to international business is always desirable for any investor or company in any sector of the economy anywhere. Provided that each country has jurisdiction on its own territory, How to promote and protect business abroad? And how to avoid, or at least reduce, the political risk involved in doing business in a different country?
September 20, 2015 By B&R Latin America IP LLC
Did you know that you can register your name as a trademark in sports? Many athletes know this and they obtain many benefit from this. Radamel Falcao, know as the ¨Tiger¨ or ¨Tigre¨ from Colombia’s soccer team, has a company named, Business Tiger S.A.S., his company manages all the sponsoring contracts and profits that the trademark FALCAO earns. Radamel Falcao had many trademark lawsuits with people that tried to use and register his name without permission.
September 20, 2015 By HG.org
Sometimes when a person or business orders goods, the items may not conform to the actual purchase order. When this occurs, the party receiving the goods has several options.
September 18, 2015 By AMS Advocaten
The two shareholders of a Dutch private limited company (BV) agree that shareholder A (seller) shall sell 5,850 shares to shareholder B (buyer) against a price of €1. This means that the buyer acquires 90% of the shares. Afterwards, the seller has doubts about the sale and refuses to cooperate in the transfer. The buyer institutes preliminary relief proceedings and demands the transfer. The court in preliminary relief proceedings takes a strong line: transfer, or pay a penalty.
September 17, 2015 By GRP Rainer LLP
Effective compliance management systems are not only crucial for large businesses. They are also increasingly important for small and medium-sized businesses in order to avoid unwittingly infringing laws and regulations.
September 25, 2015 By Canosa Abogados
On October 2014 the Argentine Congress has enacted a new Civil and Commercial Code (the “CCC”) that came in effect on August 1, 2015.
September 15, 2015 By GRP Rainer LLP
The tax authorities are increasingly applying time-series comparisons as a method of estimation in the context of external audits, but according to the Bundesfinanzhof (German Federal Fiscal Court), this is only permissible under certain conditions.
September 13, 2015 By Sheikh Mohammed Abdullah Sons
An overview of the current legal framework regarding bribery and anti-corruption in Yemen followed by a discussion of the practical implications of the framework with respect to the payment of facilitating payments. Criminal code No. 12 of 1994 is a general Law addressing all matter related to crime and punishment. A more specific Law addressing bribery and anti corruption was issued in 2006, namely the Anti Corruption Law.
September 11, 2015 By GRP Rainer LLP
A will can only be valid if the person who drafted it has the capacity to make a will. If disputes emerge amongst heirs, it is possible for this to result in the testator’s testamentary capacity being contested.
September 10, 2015 By HG.org
Some companies have their employees sign a non-compete agreement in which the employee agrees to refrain from working for competitors, setting up his or her own business or working in the same industry for a specific amount of time after the employment relationship with the employer has ended. If another company approaches a former employee who signed such an agreement, the employee may be tempted to take the new job.
September 10, 2015 By GRP Rainer LLP
Managers and executive bodies are increasingly finding themselves faced with liability claims and criminal prosecutions. For this reason, they ought to take measures to protect themselves accordingly.
September 10, 2015 By Wagner Sidlofsky LLP
Security for costs is the payment of money or other security into court by a plaintiff or plaintiff by counterclaim to cover future costs orders made in favour of a successful defendant.
September 8, 2015 By Jurado & Farshchian, P.L.
The contracts that your business has with its landlords, clients, employees, vendors and/or suppliers are the components that help create the framework of your company. Everything your organization does depends on the protection and support of the terms and conditions in its contract (s).
September 8, 2015 By Ketenci & Ketenci
Mergers and Acquisitions (“M&A”) is defined as the combining of two or more companies or buying-selling or dividing of two or more companies as a part of corporate finance in order to grow rapidly in business field of activity.
September 16, 2015 By Ketenci & Ketenci
In international or local trade relations, termination of distribution agreements especially by manufacturers come frequently to the fore.
September 8, 2015 By Ketenci & Ketenci
Franchise sector in Turkey has been in a rapid growth in the recent years. As of 2014, there were approximately 1850 chain of enterprises in Turkey, 24% of which are foreign trademarks and the number of foreign investors intending to franchise in Turkey has been increasing year by year.
Partners Liable for Tax Liabilities even after the Dissolution of a Partnership Under Civil Law in Germany
September 8, 2015 By GRP Rainer LLP
The partners of a partnership under civil law (Gesellschaft des bürgerlichen Rechts) (GbR) remain liable for the tax liabilities of the organisation even after it has been sold or wound up. That was the decision of the Administrative Court of Freiburg (5 K 2543/13).
September 7, 2015 By GRP Rainer LLP
The internal growth of corporate groups and companies is limited. Mergers and acquisitions (M&A) are intended to prevent stagnation, but there are obstacles to overcome in the process.
OLG Of Düsseldorf: Managing Director Responsible for Orderly Payment of Social Security Contributions
September 2, 2015 By GRP Rainer LLP
In its ruling of September 16, 2014 (I-21 U 38/14), the OLG of Düsseldorf clarified that the managing director of a GmbH (Gesellschaft mit beschränkter Haftung) [German limited liability company] is responsible for the orderly payment of social security contributions.
August 31, 2015 By GRP Rainer LLP
Executive boards, supervisory boards and managing directors are living dangerously. If the wrong decisions are made, they may be required to stand good for the loss or damage with their private assets.
August 31, 2015 By Karbal & Co.
Federal Law No. 2 of 2015 “The New Commercial Company law” (CCL), which came into force on July 1, 2015, replaced the Federal Law No. 8 of 1984. The purpose of the new legislation was to bringing the UAE up to speed with corporate legislation currently enacted in many developed nations. (Part II of Two part series on new CCL)
August 28, 2015 By GRP Rainer LLP
Many small and medium-sized businesses are set to be faced with a change at the helm of their companies in the coming years. This can also result in the sale of the company.
August 24, 2015 By KerkmanLaw
On October 1, 2012, major changes to Dutch corporate statute governing Dutch companies with limited liability (the so-called ‘besloten vennootschap’ or ‘BV’), have taken effect.
August 24, 2015 By AMS Advocaten
The different steps of the process leading to a merger or company acquisition in The Netherlands. One of these steps is the due diligence investigation, that serves to provide insight in the position of the company in question. In this way, potential risks can be assessed to facilitate a well-considered decision on whether to go ahead with the transaction and to balance the terms of the purchase agreement.
September 1, 2015 By Karbal & Co.
Federal Law No. 2 of 2015 “The New Commercial Company law” (CCL), which came into force on July 1, 2015, replaced the Federal Law No. 8 of 1984. The purpose of the new legislation was to bringing the UAE up to speed with corporate legislation currently enacted in many developed nations.
August 17, 2015 By Youssry Saleh Law Firm
Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.
August 15, 2015 By GRP Rainer LLP
The only thing that is clear is that inheritance tax needs to be reformed. How it ought to be reformed remains disputed. Even a meeting of the federal and state finance ministers did not deliver a breakthrough.
August 13, 2015 By GRP Rainer LLP
Wirtschaftswoche reported on its website that Germany is the country with the largest number of company takeovers and mergers in Europe, with the trend continuing to rise across Europe.
August 17, 2015 By ERP Lawyers & Associates
The Judicial Collection Law (#8624), effective in Costa Rica since May 20th, 2008, completely changed the way the judicial collection files were processed, and put in order those people who failed to comply with the payment of debts, regardless the amount.
August 17, 2015 By Capital Legal Services, L.L.C.
Federal Law No.210-FZ “On amending certain regulatory acts of the Russian Federation and declaring void certain provisions of the regulatory acts of the Russian Federation” and Federal Law No.209-FZ “On amending certain regulatory acts of the Russian Federation as regards allowing legal entities to use standard charters” enter into force.
August 17, 2015 By Summerfield Browne Solicitors
If you are a company director you have certain duties which are owed to the company. What happens if you breach those duties?
August 8, 2015 By HG.org
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.
August 7, 2015 By Parris Whittaker, Attorney at Law
If you are involved in the shipping industry, you will be only too aware of how quickly challenging and difficult legal problems can arise at sea. When you need to make an insurance claim, the complexities of maritime law can present real barriers to getting the swift resolution you need.
August 6, 2015 By AMS Advocaten
Listed companies often resort to antitakeover schemes to prevent a takeover by a hostile bidder. A hostile bid is a nightmare for most executive directors and therefore (in their opinion) needs be stopped or at least delayed. There are many different measures to take in order to prevent or delay a hostile takeover.
August 5, 2015 By GRP Rainer LLP
If there is a delay in filing for insolvency, the managing director of a GmbH is liable. According to the German Federal Court of Justice (Bundesgerichtshof (BGH)) in its judgment of December 18, 2014, this also applies to a de facto managing director.
August 3, 2015 By Summerfield Browne Solicitors
Are you the Director of an English Company? If so you owe certain duties to the Company and if you do not comply with them then you are at risk of being sued.
August 4, 2015 By Kydalov & Partners
The specificity of commercial relationship shows that at the stage of execution of the obligation against the will of any of the parties may be circumstances (events) leading to a breach of contractual obligations. How to manage these risks.
July 30, 2015 By Kydalov & Partners
As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?
July 30, 2015 By GRP Rainer LLP
A family foundation can be established as a way of avoiding inheritance related disputes. The purpose of a family foundation is generally to ensure ongoing support for relatives.
BGH on GmbH Managing Director’s Obligation to Provide Information in Insolvency Proceedings in Germany
July 29, 2015 By GRP Rainer LLP
If insolvency has been filed against a GmbH, the managing director of the company has extensive obligations to provide information. He is not, however, obliged to furnish information regarding his personal assets (BGH IX ZB 62/14).
What Exactly Should a Foreigner Do, if His Obligor is a State Enterprise on the Territory of Ukraine
July 28, 2015 By Kydalov & Partners
Many of state enterprises provided international economic activities, such as buying some equipment abroad, borrowing from foreign bank institutions and investment companies, ordering work or services. Due to the nature of its management of state enterprises, they really are not fair and binding payers on their debts, and as a result foreign contractors have to go to courts or arbitrations to protect their legitimate rights and interests.
July 27, 2015 By GRP Rainer LLP
Unlike in the event of a dismissal/termination, the employment relationship is brought to an end on a mutually amicable basis in cases involving an agreement to terminate a contract. However, for this purpose certain requirements have to be contractually fulfilled.
July 24, 2015 By HG.org
Debt collectors sometimes use aggressive tactics to secure funds for their clients. However, if they overstep their legal bounds, they may be subject to harassment charges or other causes of action.
July 24, 2015 By Watkins Firm, A Professional Corporation
Most entrepreneurs and new business owners are working on tight budget and simply want to spend the least amount of time and money selecting a business entity and getting to work. After all, isn’t it as simple as downloading a few forms, filling in the blanks and submitting the corporate documents to the Secretary of State? Why would the owners of a new company want to spend the money to consult with an attorney?
July 23, 2015 By Watkins Firm, A Professional Corporation
There are definitely reasons to consider filing a breach of contract lawsuit even though you intend to find another path to resolve the situation. Filing the lawsuit puts the breaching party on notice that you are serious about holding them accountable, and may strengthen their resolve to cooperate to find a positive solution to the breach.
July 22, 2015 By Parris Whittaker, Attorney at Law
A recent ruling in the UK’s High Court highlights the importance of arbitration clauses and agreements in commercial disputes, and clarifies when they take precedence.
July 21, 2015 By The Law Offices of R. Sebastian Gibson
Until fairly recently, Prohibition-era laws have governed the liquor industry in California. As a result of amendments to these laws, craft breweries are now allowed to offer tastings and sell beer to customers. At present, however, distilleries of liquor can hold tastings, selling quarter-ounce samples, but still cannot make a direct sale of larger amounts to their customers. That is about to change if the Craft Distiller’s Act of 2015, AB 1295 passes and is signed into law.
July 16, 2015 By Parris Whittaker, Attorney at Law
No term would be implied into a contract, requiring a bank to use reasonable care to obtain the best price it could when asserting its right of forced sale of a limited partnership, the UK’s High Court has said.
July 16, 2015 By Jurado & Farshchian, P.L.
Most people who have a good idea and not a lot of startup cash don’t think to involve attorneys right away because it feels like something that is expensive and can come later in the process when there is something to lose.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
Almost half of the small businesses in the U.S. are operated from home, and that number is growing as the working population ages and changes careers. While the convenience of operating a home-based business is hard to beat, you need to be sure you are not running afoul of any local regulations or state tax laws while operating your business. Some considerations:
Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?
A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.
Article 528-A of the Commercial Code, added by Act 85 of 2012, deals with the dissolution of companies and explains causes and effects of their permanence in time to the end of the liquidation of its assets, after collecting their debt and pay its liabilities.
The concept of lending out small loans has become synonymous among Kenyans.
The prohibition of tax deductibility of bribes and the risk of claiming these payments as "expenses" in order to get a tax return under the Greek law.
The application for the tax benefit must clearly state the provisions supporting the right for the benefit.
Many family offices (FO) started their business as so called single family offices, where the family owns the FO and serves only the owner family. Instead of covering the entire operative costs, many owners of single FO decided to offer its services to other families as well. This concept is called multi-family office (MFO) or multi-client family office. Only a few MFO have founded their business independently, without a large family backing it.
Claims under a contractual warranty must fully comply with procedures set out in commercial contracts – including where a limitation period is imposed on warranty claims. The UK courts have recently upheld restrictions on warranty claims relatively strictly against purchasers. In a recent case, the purchasers under a commercial contract were time barred from making a claim when a dispute arose.
Last month, one of the first courts to address coverage under a cyber liability policy held that allegations of refusal to release data to a customer did not trigger a duty to defend the insured for technology errors and omissions liability.
Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.
Managing directors of a GmbH (German limited liability company) enjoy a margin of discretion within which they are not subject to personal liability. Even in the case of unjustifiable dealings, liability for shareholder-managing directors is not triggered until later on.
Unfair competition harms consumers and businesses that comply with the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb (UWG)). Violations of the UWG can be sanctioned.
In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.
Wanted: Successor! The Frankfurter Rundschau reports that, according to a study by the bank KfW, the managers of around 580,000 small and medium-sized businesses wish to retire by 2017.
Buyers large and small have begun purchasing from foreign sources. Sites like alibaba.com have revolutionized the international market for consumers, while the Internet in general has made it easier for companies to interface and conduct business with others around the world.
Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company
For their own benefit, executive boards ought to issue carefully defined rules of conduct. Compliance is an important topic both from a legal and media perspective.
For torts, crimes and even the collection of debt, there are laws regarding how long a claim is actionable. These laws help provide a sense of finality for affected individuals so that they do not have to forever be worried about potential adverse effects.
Verbal agreements are contracts even though they were not memorialized in a writing. Assuming that the contract is valid, the verbal agreement between two parties is binding. However, verbal contracts may have unique complications to them.
The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.
The introduction of the national minimum wage does not only apply to direct employment relationships; general contractors are also liable for their subcontractors.
In an another article that I recently published, "5 Common Legal Missteps That Small Business Owners Make," I provided a general overview of each of the listed mistakes, as well as some advice for how to avoid, or overcome, them. Some of those mistakes, however, including number 2 on the list – not discussing and executing a buy-sell agreement or exit strategy – deserve more in-depth treatment and discussion.
Whether you are just beginning to think about forming your own business, or you've been "in the game" for years, there are 5 legal missteps that anybody can make, and that are made all too often. Luckily, however, these common missteps are also fairly easy to avoid, with just a bit of knowledge and planning!
The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.
The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual fact-finders to be reasonable.
Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).
By Jaburg Wilk
On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.
The new DRC Insurance Code represents a real revolution in this sector, which has been so far affected by the disparity of laws, which are sometimes obsolete and unsuitable to the international conventions in this matter, and by the monopoly granted to the "Société Nationale des Assurances ".
The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.