Business and Industry Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.
May 16, 2013 By GRP Rainer LLP
Under circumstances an overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of partnership of the GbR, can be inappropriate.
Legal Advice on the Arbitration Clause After Separation of CIETAC Shanghai and South China from CIETAC Beijing
May 15, 2013 By WiseLink Law Firm Shanghai
The separation of CIETAC Shanghai and CIETAC South China from CIETAC Beijing has made a great noise, causing some confusion and legal issues about the arbitration clause. The author intents to briefly clarify it in this article.
May 15, 2013 By GRP Rainer LLP
The seller of a house who fraudulently conceals an existing defect is potentially unable to plead an article of agreement excluding all warranties for defects.
May 14, 2013 By Angela Wang & Co.
It has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to principles such as agency and trust to circumvent the doctrine of privity of contract.
May 14, 2013 By GRP Rainer LLP
There are many different duties to accomplish pursuant to the provisions of the Commercial Code (HGB) by a commercial agent.
May 12, 2013 By Beitia-Carrillo Consultores & Asociados
In few months the Rules of the game for Panamanian Corporations could be changed.
May 7, 2013 By GRP Rainer LLP
The German Commercial Code (HGB) contains many duties for a commercial agent. In the case of non-fulfilment of these duties the commercial agent can be exposed to claims for damages.
May 6, 2013 By GRP Rainer LLP
In some circumstances a commitment of partners in a partnership organised under the German Civil Law (GbR) binding the partners to the partnership for an overly long period may be inappropriate.
May 3, 2013 By GRP Rainer LLP
The planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful, if the specified budget framework is exceeded by the architect at a later date.
April 29, 2013 By GRP Rainer LLP
Minor breaches of a restraint on competition on the part of the commercial agent do not present the businessman with a good cause for dismissal without notice.
April 25, 2013 By GRP Rainer LLP
The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.
April 22, 2013 By GRP Rainer LLP
A commercial agent has various duties to fulfill pursuant to the provisions of the Commercial Code (HGB).
April 17, 2013 By GRP Rainer LLP
Architect’s liabilities arising from non-disclosure. If an architect knows that a contractual penalty was agreed in the building contract, he has to instruct his client about its retention at the time of acceptance.
Most medical practices want to classify their hired physicians as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Here is a quick outline to help you avoid personal liability from your business. You’ll see that most of the authors advice derives from an informed use of corporations and corporate law, which is why…
April 15, 2013 By GRP Rainer LLP
An overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of partnership of the GbR, can be inappropriate in some circumstances.
April 12, 2013 By GRP Rainer LLP
A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button “shipping and payment options”.
April 10, 2013 By Ellyn Law LLP
This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.
Business Succession: Examination of Any Claims to Supplement Compulsory Portions is Advisable - Germany
April 5, 2013 By GRP Rainer LLP
Some problems can stand in the way of succession planning of a business, all the more if persons entitled to a compulsory portion are disadvantaged in the process of succession.
April 3, 2013 By GRP Rainer LLP
If the shareholder has shares that are, pursuant to the memorandum of association, to be gratuitously assigned back after the expiration of the agreement, which he previously acquired in return for consideration, this clause is potentially void.
March 29, 2013 By Bangkok Base - Antares Consulting Limited
Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).
March 28, 2013 By CSB Advocates
The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.
March 26, 2013 By CSB Advocates
When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for technology and the digital agenda Neelie Kroes is now actively trying to challenge this notion. Few people realize, for example, that Angry Birds and Skype were actually created in Europe. These may not trump the prolific success of Silicon Valley, but they are certainly a start.
March 25, 2013 By Wagner Sidlofsky LLP
Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the problem the Rabbis created a legal document recharacterizing the "loan" as a commercial agreement & lender as an investor and the interest as shared profit. This agreement is called the Heter Iska. Given the different rights that flow from a loan the author poses the question -is there a litigation risk to a lender who signs a Heter Iska?
March 25, 2013 By Jayadeep Hari & Jamil
"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.
March 25, 2013 By Shanghai Promise Law Firm
Yiwu, 300 kilometers away from Shanghai, is the largest market of petty commodity wholesales in the world and sees a non-stop stream of foreign buyers looking to place their orders. Along with almost unlimited selection, though, comes a good deal of risk which all Yiwu traders should prepare for. This Survival Guide is meant to help traders reduce their risk and enhance their profit potential.
Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.
In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.
Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)
The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.
This article gives a very brief overview of how an accountant leaves or closes an accounting practice. The accountant can’t just walk away – leaving or closing an accounting practice is more complex than you think.
This article gives a quick overview of buying and selling an accounting practice. The author discusses the deal from due diligence, through deal terms, to the definitive deal documents.
In this article, the author gives some thoughts on preparing to sell your solo medical practice.
March 18, 2013 By GRP Rainer LLP
In its judgment of 19 February 2013 (Az.: II ZR 56/12), the Federal Court of Justice (BGH) commented on the interest in bringing proceedings to challenge the election of a supervisory board.
March 11, 2013 By Fisher & Talwar, Professional Law Corporation
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.
March 11, 2013 By Ortega Business Law Firm, APC
On September 21, 2012, Governor Jerry Brown signed into law Senate Bill 323. Specifically, section 20 of the Bill replaced the Beverly-Killea Limited Liability Company Act (Beverly-Killea) with the California Revised Uniform Limited Liability Company Act (RULLCA) to govern the formation and operation of limited liability companies (LLCs).
March 11, 2013 By GRP Rainer LLP
Should an employee be posted to a subsidiary company abroad over a long period of time, this can potentially have an impact on the arrangement of his professional expenses.
March 7, 2013 By GRP Rainer LLP
If succession planning for a business is pending then a few problems could be in store, specifically if the beneficiaries of a compulsory portion are disadvantaged in business succession.
Potential Hidden Profit Distributions in the Form of Inflated Salaries for Managing Directors - Germany
March 6, 2013 By GRP Rainer LLP
Benefits within a company arising exclusively form the corporate relationship are often paid out under the guise of inflated salaries.
March 5, 2013 By Abdullah A. Al Fallaj Law Firm
Franchise: always been described and known concession system.
February 28, 2013 By GRP Rainer LLP
If the buyer of a defective second-hand passenger vehicle has the defect removed himself and only then declares that the purchase agreement is rescinded, he is not entitled to claim rescission.
This article gives an outline of how to bring a new accountant into an accounting practice. The author goes from common sense to legal advice, from the accountant’s purchase of ownership to the parties’ exit strategy and unwinding of the relationship.
If you are in a group accounting practice, you might wonder, “Can I or another accountant in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the accountant who would set up the competing practice.
In this article, the author explains shareholder buy-sell agreements for accountants and accountancy corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the accountant/shareholders, specifically their death, loss of license, disability and dispute.
February 22, 2013 By Deniz Law Office
In 1995, Turkey has started the necessary studies for building an active and modern intellectual and intellectual property rights system and achieved significant results. The steps taken by Turkey in the previous decade in the field of intellectual and industrial property rights are embodied in various laws, decree laws and regulations.
Posting Workers Abroad Is Likely to Make Maintaining a Residence in the Home Country Difficult - Germany
February 21, 2013 By GRP Rainer LLP
Posting a worker for years to a subsidiary company abroad can spell changes to the arrangement of his professional expenses.
February 21, 2013 By WiseLink Law Firm Shanghai
Dispute raised by unsigned attachment annexed to a Contract.
February 20, 2013 By Angela Wang & Co.
In October 2012, the Hong Kong Stock Exchange (“HKEx”) published two guidance letters on Pre-IPO investments and Pre-IPO investment in convertible instrument respectively. The purpose of the two guidance letters is to consolidate previous HKEx’s listing decisions on Pre-IPO investments and to set out its current practice when dealing with convertible instruments issued to Pre-IPO investors.
February 13, 2013 By GRP Rainer LLP
In order to avoid the danger of assuming an inheritance that is still to be taxed, the heirs should have the estate thoroughly reviewed with respect to its notification requirement.
February 8, 2013 By GRP Rainer LLP
German investors who invest their money with foreign banks on the basis of the credit rating assessments of rating agencies can potentially recover their assets in the case of an erroneous assessment.
February 7, 2013 By Fisher & Talwar, Professional Law Corporation
Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.
February 7, 2013 By GRP Rainer LLP
The operator of a “partner agency“, who procures mobile phone accounts and providers, shall be legally considered as a commercial agent.
February 4, 2013 By GRP Rainer LLP
It is not unusual for creditors to find themselves in the situation where debtors do not acquit their liabilities towards them and consequently the existing claims against them have to be compulsorily enforced.
February 1, 2013 By Ortega Business Law Firm, APC
A little over a year ago on January 1, 2012, California’s new corporate laws went into effect broadening the choices for corporations to include the following two new corporate entities: Benefit Corporations and Flexible Purpose Corporations. The effect of the new legislation was to allow companies that wish to pursue, both, social and economic objectives the ability to formally include those missions into their articles of incorporation.
In this article, the author first discusses when an accountant is a contractor as opposed to an employee. Second, he looks at the essential terms of an accountant employment contract and an accountant independent contractor agreement.
This article gives you a legal compliance checklist for your accountancy corporation.
What are the costs and benefits of forming an accountancy corporation?
January 25, 2013 By GRP Rainer LLP
The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.
January 24, 2013 By GRP Rainer LLP
The Federal Supreme Court has decided (judgment of 07/16/2012 Case No.: ZR 55/11) that early corporation directors reappointment may be possible.
January 22, 2013 By Herdem & Co. Attorneys at Law
Principally, the Turkish civil aviation legislation is prepared by two authorities in Turkey: Directorate General of Civil (“DGCA”) and the General Directorate of State Airports Authority (“GDSAA”). DGCA regulates and ensures the development of the civil aviation activities therefore GDSAA performs the management of Turkish airports and controls the Turkish airspace as a state owned enterprise since 1984.
January 18, 2013 By GRP Rainer LLP
The Federal Supreme Court has decided (judgment of 07/16/2012, case No.: ZR 55/11) that an early reappointment of directors of a corporation may be possible.
January 17, 2013 By GRP Rainer LLP
The Federal Constitutional Court has ruled that the preference of spouses to registered partners for tax purposes violates the constitution.
January 16, 2013 By GRP Rainer LLP
The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim for compensation of marriage-related benefits.
January 15, 2013 By Swart & De Schepper Law Firm
What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times?
January 15, 2013 By GRP Rainer LLP
The law of foreclosure provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of the most popular among them.
January 14, 2013 By GRP Rainer LLP
The Higher Regional Court in Hamm has ruled: a will is usually deemed invalid when it has been prepared with the help of transcripts produced by third parties.
January 11, 2013 By GRP Rainer LLP
All the heirs are advised to check carefully whether an inheritance could fully or partially consist of so called black money.
January 10, 2013 By GRP Rainer LLP
The State Court of Tubingen has ruled that an online encyclopaedia falls within the scope of the freedom of the media in case of publication of articles about individuals.
January 9, 2013 By Cai & Lenard
Multilateral Investment Guarantee Agency (MIGA) provided guarantees for funding in Ukraine
January 9, 2013 By GRP Rainer LLP
Whether the candidate has eventually been prosecuted or not, is irrelevant both to the current interview and the potential future employer.
January 9, 2013 By UB & Co. Attorneys and Counselors
Minister of Commerce (“MOFCOM”) released the Interim Regulations on Capital Contribution by Equities in Foreign Invested Enterprises (“FIE”) (hereinafter the “Interim”) on September 21, 2012, which came into effect on October 22, 2012.
January 8, 2013 By GRP Rainer LLP
According to the transparency requirement it is illegal to formulate incomprehensibly clauses of labour contracts regarding voluntary additional payments by the employer.
January 7, 2013 By Stone Lawyers
In addition to amending patent law (which is not covered in this article), the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) ("the IPRB") aims to significantly improve and streamline trade mark and copyright law in Australia from 15 April 2013, and strengthen the rights of intellectual property owners.
January 7, 2013 By GRP Rainer LLP
Trademarks allow the proprietor to distinguish different product identifications from each other. This is why trademarks play a very important role in everyday life.
January 4, 2013 By GRP Rainer LLP
The director of a limited company has to make sure to have an extensive overview of the economic and financial situation of the company. Otherwise, he is not able to assume his responsibilities properly. This is evident from the recent judgment of the German Federal Supreme Court (BGH, II Reference Number 243/11 of the 19.06.2012).
January 3, 2013 By GRP Rainer LLP
In general a will in the original characterizes a valid proof of inheritance of a property. However, in individual cases it should be also possible to use a photocopy of the testament as a proof. This was decided lately by the Naumburg Higher Regional Court at the 3/29/2012 (Case No.: 2 Wx 60/11).
January 1, 2013 By Murray LLP
PLLCs (Professional Service Limited Liability Companies) are a popular choice for professionals in New York wishing to conduct business.
December 31, 2012 By GRP Rainer LLP
According to the transparency requirement set forth in § 305c p. 1 of the Federal Legislation of Germany (BGB), it is illegal to express ambiguously provisions of labour contracts regarding voluntary extra payments by the employer.
December 29, 2012 By Matt Dickstein - Business Attorney
In this article I discuss common area maintenance (CAM) expenses in a real property lease.
December 28, 2012 By GRP Rainer LLP
Ltd. companies can be accountable for bad investment guidance through a business with a similar name.
December 24, 2012 By GRP Rainer LLP
As a rule, a will in the original represents a valid proof of inheritance of a property. In individual cases, however, according to the Naumburg Higher Regional Court’s recent decision of 29.03.2012 (Case No.: 2 Wx 60/11), even a photocopy of the will may be deemed sufficient to prove the heir’s rights.
At The Conclusion Of The Year, Inheritance Claims Can Expire By Boundaries Of The Inheritance Reform
December 21, 2012 By GRP Rainer LLP
Bequest claims might expire at the conclusion of the year, because of legislation alteration of acquiescence using the inheritance reform. The actual inheritance reform by the new year has evolved. The particular issue and its rules could show its side effects the very first time this current year.
December 20, 2012 By GRP Rainer LLP
If for example, the main priority of a community trademark over a national trade mark is in question, the day of registration is applicable. The precise time of the brand registration should not be assessed.
December 19, 2012 By Leks & Co
Under Article 1 number 9 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) merger means a legal action which is taken by one or more companies to merge with another existing company with the result that the assets and the liabilities of the merging company is transferred by the law to the surviving company and thereafter the merging companies’ status as legal entities is terminated by the law.
December 19, 2012 By Leks & Co
Companies’ authorized capital is divided into shares. Shares is a moveable goods which give rights to the owner to attend and to vote in the General Meeting of Shareholders (“GMS”), to receive the payment of dividends and the remaining asset as the result of liquidation, and also to perform other rights as set out under Law Number 40 of 2007 on Limited Liability Company (“Company Law”).
December 14, 2012 By G.A.M. Legal Alliance
Recovering an unpaid debt in Thailand is often a tricky task that can be made more distasteful when the debtor, whether it is Thai or a foreigner, refuses to settle even after numerous attempts. Many expatriates and even companies, who do business in Thailand, have run into difficulties with debt recovery.
December 14, 2012 By Deborah Sexton Law Office, PA
In 2011, the U.S. Bureau of Labor Statistics procured information about eldercare providers in the United States, and produced the results in its 2011 American Time Use Survey (ATUS).
December 13, 2012 By GRP Rainer LLP
When granting publishers exclusive rights, the photo-artist does not always lose the right to use individual photos of a series.
December 12, 2012 By GRP Rainer LLP
Heirs of tax evaders can eventually face prosecution, as lately tax investigation is more and more concerned about tax evasion.
December 11, 2012 By GRP Rainer LLP
According to the German Civil Code (BGB), at the moment of the company transfer the new company owner takes over the rights and obligations that result from the existing labour relations.
December 10, 2012 By GRP Rainer LLP
Even inheritors of tax evaders should eventually take criminal prosecution against them in account, since more and more tax investigations due to fiscal fraud were lately brought to light.
December 9, 2012 By Herdem & Co. Attorneys at Law
A new regulation has been promulgated in the Official Gazette dated December 8, 2012, numbered 28491, which determine the criteria for permission to operate at Istanbul Stock Exchange (“Stock Exchange”), and the liabilities of the members. The regulation is highly functional as it is in line with the principles of corporate governance in the new Turkish Commercial Law.
December 7, 2012 By DKTR Law Firm
Journal of the Justice Academy of Turkey, vol. 5, 2011, p. 419-450, (Peer Reviewed)
December 7, 2012 By Deborah Sexton Law Office, PA
The reality of the world of estate planning is that it is filled with legal terms of art; in fact, of all the legal fields, this one seems to clutch its traditions tighter than most.
December 7, 2012 By GRP Rainer LLP
Due to gradually escalating product along with the trademark infringements, defense against intellectual property infringement is more essential than before. Attributes related security rights are frequently enabled through a published warning.
December 7, 2012 By Frank & Kraft, Attorneys at Law
You have options when you are arranging for the transfer of assets to your loved ones. In this instance we are not talking about the choice of a single vehicle of transfer.
December 7, 2012 By Augulis Law Firm
Each person that you are going to be giving an inheritance to is a unique individual. We all have our different strengths and weaknesses, and some of us live our lives under special circumstances.
December 6, 2012 By Wischmeyer Law Office
The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional advice. Wischmeyer Professional Services Access Plan allows employers to provide valuable resources to their employees at minimal cost and can even benefit themselves. Access to free consultations with an attorney, accountant or real estate agent with discounts if services are needed for professional resources and services.
December 6, 2012 By Robert J. Kulas, P.A.
The probate process is nothing more than a very step-by-step, methodical way of dealing with all the property a deceased person left behind.
December 6, 2012 By Law Offices of Richard B. Schneider, LLC
When a loved one unexpectedly passes away, it feels like you are in the middle of a bad storm.