Business and Industry Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Business and Industry.


Termination of Contracts in the UK: Will Reasons Later Argued Suffice?

  April 28, 2016     By Parris Whittaker, Attorney at Law
Commercial contracts can be broken by either party in certain circumstances, but when can a party justify termination by a new reason given later - after the termination has taken place?

What Does it Take to Make a Great Business Lawyer?

  April 28, 2016     By Jurado & Farshchian, P.L.
Business law is one of the broader practice areas that covers multiple specifications. A business lawyer should maintain an ample understanding of contracts, immigration laws, tax laws, regulatory laws, and corporate laws as they pertain to stock holding, investments, and securities.

Understanding Commercial Agreements: What You Need to Know to Protect Your Business

  April 26, 2016     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).

Economic and Legal Evaluation of M&A Transactions in Germany

  April 26, 2016     By GRP Rainer LLP
In cases involving M&A transactions, a detailed evaluation of the economic risks and opportunities as well as the associated legal issues is indispensable.

Shipping: Insurers Avoid Claim Because of Failure to Disclose

  April 24, 2016     By Parris Whittaker, Attorney at Law
How do the courts handle insurance claims where a vessel’s owner has failed to properly disclose the value of the vessel?

Of Mice and Men and Fiduciary Duties

  April 24, 2016     By Craig Long, LLC
A short survey of Delaware and Georgia law regarding standards of care for judging decisions of members or managers when fiduciary duties have been eliminated

Shipping: Benefit from Sale Reducing Claim for Repudiation

  April 20, 2016     By Parris Whittaker, Attorney at Law
How do benefits arising from actions to mitigate loss affect the calculation of damages for repudiation of a time charter? At top Bahamas law firm ParrisWhittaker our expert shipping lawyers have many years of experience with advising shipping and maritime clients on all aspects of claims for damages, including issues that might affect the calculation of the sum owed.

How to Prepare for the Sale of Your Florida Business

  April 19, 2016     By Jurado & Farshchian, P.L.
Selling your Florida business was probably the last thing on your mind when you were working so hard just to get it off the ground.

Government Support of Investments in Kazakhstan

  April 19, 2016     By Signum Law Firm
What is an investment project? What investment preferences are available and how to apply for them.

Notices of Intent to Lien Property in Georgia

  April 18, 2016     By Cobb Law Group
Some states require that potential lien claimants serve a Notice of Intent to Lien on of the real estate where the lien will be placed prior to the filing of the lien. Georgia does not have this prerequisite, however, so a Georgia lien claimant may exercise an option to serve the project owner with prior notice.

Should You Convert Your Florida Sole Proprietorship to an LLC?

  April 17, 2016     By Jurado & Farshchian, P.L.
A majority of American small businesses start out as sole proprietorships; however, once these businesses are launched and growing, it could better to change or convert the business to a limited liability company (LLC).

6 Tips for Negotiating a Commercial Lease

  April 13, 2016     By Jurado & Farshchian, P.L.
You’ve found the perfect location for your small business. Now that the search for space is over, the hard part begins — negotiating your commercial lease. Here are six tips for negotiating a favorable commercial lease for your business

Scholz Holding GmbH: Deferred Payment of Interest

  April 14, 2016     By GRP Rainer LLP
Investors in Scholz Holding GmbH bonds will not receive an interest payment on March 8. The due payment has been deferred until May 31, 2016.

How to Tell If You Need a Florida Business Attorney

  April 9, 2016     By Jurado & Farshchian, P.L.
According to the Small Business Administration, there are roughly 600,000 new businesses started in the U.S. every year.

Starting a Business with Your Spouse: Good or Bad Idea?

  April 8, 2016     By Jurado & Farshchian, P.L.
Entrepreneurs often wonder if starting a business with your spouse as a partner in the new venture is a good idea.

Contesting an Inheritance in Germany Due to Over-Indebtedness of the Estate

  April 14, 2016     By GRP Rainer LLP
An estate not only encompasses assets but also any debts of the testator. It is possible for the acceptance of an inheritance to be challenged due to a misapprehension regarding commercially material characteristics.

Setting-up a Subsidiary in Spain

  April 5, 2016     By Mariscal Abogados
One of the main investment alternatives in Spain for a foreign company is the establishment of a subsidiary. There are two main types of companies in Spain and the ordinary procedures for their establishment.

5 Steps for Starting Your Own Business

  April 5, 2016     By Jurado & Farshchian, P.L.
Are you dreaming of starting your own business? Maybe you hate the job you have now, or just hate the effect it has on your life. Maybe it’s an overbearing boss or co-workers with whom you have nothing in common.

Pharmaceutical Registration in Egypt

  April 5, 2016     By Youssry Saleh Law Firm
The Egyptian Pharmaceutical market is facing a vital crisis of drug deficiency. Egyptian Pharmaceutical production has been impacted by the economic deficiency and the pharmacists warn that some drug supplies such as those of cancer treatment and diabetes are tapering off.

Follow Corporate Formalities to Protect Personal Assets from Business Liabilities in Florida

  April 4, 2016     By Jurado & Farshchian, P.L.
Many people create corporations or LLCs, but never follow the corporate formalities – which leaves them extremely vulnerable to losing their personal property if a lawsuit is ever filed against the company.

Franchise Warning Signs You Should Never Ignore

  April 2, 2016     By Jurado & Farshchian, P.L.
If you are considering buying a franchise, there are several warning signs you should not ignore. Of the more than 3,000 franchises available for investment today, a majority of them provide wonderful opportunities for entrepreneurs. However, there are also some bad apples that should be avoided. So how can you tell the difference?

Distant Trade in Ukraine of Non-resident Companies: Features of Tax Regulation

  March 31, 2016     By Kydalov & Partners
Remote trading in Ukraine is developing rapidly, created favorable conditions, therefore it would be reasonable it would be prudent for many companies of distant trade - non-residents to consider the Ukrainian market as one of the high-potential.

A Short Guide to Agency Agreements in the UK and Europe

  March 31, 2016     By Dixcart Legal Limited
A very brief look at some of the headline issues involved when entering into Agency Agreements – both for trade within the UK and within Europe.

UK Competition Law Compliance Checklist

  March 31, 2016     By Dixcart Legal Limited
A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.

Bundeskartellamt Commences Proceedings Against Internet Company in Germany

  March 31, 2016     By GRP Rainer LLP
On March 2, the Bundeskartellamt (Germany’s Federal Cartel Office) commenced proceedings against an internet giant. According to the Federal Cartel Office, there is reason to suspect that the company has abused its dominant market position

Property Rights of Cohabiting Couples

  March 29, 2016     By HG.org
Generally speaking, unmarried couples do not have the same property rights as married couples. While a court may help divide a married couple’s belongings and make other decisions regarding their severance of the marital relationship, they are more hesitant to do so and may lack the authority to do so when cohabitating couples are concerned.

Company Types and Registration in Turkey

  March 29, 2016     By Yilmaz Law Office
Brief information on main types of companies and the procedures of registration in Turkey for foreigners.

Acquiring Recorded Conversations with a Business

  March 24, 2016     By HG.org
Many businesses record phone calls that come into the business as a matter of practice. This may be to keep a record for future use, for training purposes or to protect the business’ interests. However, if a customer wants a copy of the conversation, he or she may have difficulty acquiring it.

Cyprus: English Court Guidance on the Wording of a Freezing Order

  March 22, 2016     By Soteris Pittas & Co L.L.C.
Recently the Supreme Court of the United Kingdom in the case of JSC BTA Bank v Ablyazov [2015] UKSC 64 made a landmark decision on the construction of freezing orders.

Corporate Governance in Egypt

  March 21, 2016     By Youssry Saleh Law Firm
The nineties of the twentieth century had a quick and violent developments which affected the structure of the global economy, the effects of the globalization of financial markets emerged, and financial markets collapsed in Southeast Asia and Latin America.

Setting up Joint Ventures in Azerbaijan

  March 17, 2016     By Remells Law Firm
General legal matters relating to how to set up joint ventures in Azerbaijan.

Hiring Licensed Contractors

  March 16, 2016     By Gehres Law Group, P.C.
Most of us have never hired someone to do construction work of any sort, so when the need arises to hire a contractor to make repairs or improvements on our residential or commercial property, we don’t know where to start. Beware: these are dangerous waters!

Protecting Trade Secrets Using Employment Agreements

  March 16, 2016     By Gehres Law Group, P.C.
Most California business owners know that a provision in an employment contract which purports to prevent a former employee from competing with the employer’s business is unenforceable in California. Under California law, there is a strong and clear policy favoring the free and unfettered rights of workers to find work where they can, using all their skills and experience to command the best wages they can find.

Letter of Intent to Purchase a Business

  March 18, 2016     By Gehres Law Group, P.C.
So, what are the benefits of using a letter of intent when purchasing a business? This article explores that question and provides practical tips for both buyers and sellers in the context of a private sale.

How to Create an Enforceable Contract in Florida

  March 16, 2016     By Jurado & Farshchian, P.L.
Contracts govern many aspects of our personal and business lives, so it’s important to be sure they are legally enforceable. A contract governs the terms of a working relationship, and provides important protections for the parties involved. A good one can help you avoid litigation, or prevail in a lawsuit if a dispute winds up in court.

Provisions to Include in a Contract

  September 8, 2009     By HG.org
When a contract is clearly worded and contains all of the relevant information, it is less likely to be misunderstood by the parties. Additionally, if one of the parties has to have the contract enforced by the court, a clear contract can dramatically help.

Non-Compete Agreements in California

  September 22, 2009     By HG.org
A non-compete agreement or covenant not to compete is a legal agreement in which one person, usually an employee, agrees not to compete against the business for a certain amount of time. California has very specific rules regarding such agreements.

Succession Planning for Owners of a Family Business

  March 13, 2016     By Jurado & Farshchian, P.L.
If you own a small business, there is probably at least some part of you hoping to pass the reins on to one or more of your children. After all, spending so much time and effort on something that’s not going to last doesn’t sit well with most entrepreneurs.

Cross-border Reorganization of Companies in the European Union

  March 12, 2016     By Dobrev & Lyutskanov Law Firm
There are number of specific features in the reorganization of companies established in EU members states. What are they?

Post-contractual Non-competition Clause for Commercial Agent Ineffective in Germany

  March 12, 2016     By GRP Rainer LLP
In its ruling of December 3, 2015, the Bundesgerichtshof (Federal Court of Justice) invalidated a post-contractual non-competition clause in a commercial agency agreement (Az.: VII ZR 100/15).

Romania and the New Insurance Directive

  March 9, 2016     By Hammond, Minciu and Associates
After much debate and discussion the European Parliament and the Council have issued the recast Directive on Insurance Distribution.

BAG on the Effectiveness of a Post-Contractual Restraint on Competition

  March 10, 2016     By GRP Rainer LLP
According to a judgment of the Bundesarbeitsgericht (German Federal Labour Court), even a mere interest-free loan for a competing company has the potential to violate a post-contractual restraint on competition (Az.: 10 AZR 260/14).

Apple vs. The FBI

  March 9, 2016     By Hebets & McCallin
Last month a federal magistrate judge in California ordered Apple to bypass the security protocols on an iPhone 5 that belonged to one of the San Bernardino shooters. This public order ushered in what has become a national spectacle, pitting the FBI and many Americans against Apple and Privacy proponents.

China Issues a Draft of its New Law Against Unfair Competition and Passing Off

  March 7, 2016     By MMLC Group
In 2014, the National People’s Congress authorised the State Administration for Industry and Commerce (SAIC) to issue a draft revision of the Anti-Unfair Competition Law of the People’s Republic of China, which was first enacted in 1993. We look at some of the major changes proposed in the draft.

The Registration Of Individuals & Companies In Free Zones in Jordan

  March 9, 2016     By Ihqaq Law Firm
Free zones in Jordan offer investors exemptions from income and social services taxes, custom duties and import duties.

The Ownership & Participation of Non-Jordanian in the Jordanian Companies

  March 9, 2016     By Ihqaq Law Firm
Maritime transport and auxiliary services, including: Passenger and freight transportation excluding transportation over ships owned by non- Jordanians. Maritime survey and inspection. Maritime freight forwarding. Shipping agents’ services. Ships chandlers, Ships brokers.

The Ownership & Participation Of Non-Jordanian In The Jordanian Companies

  March 10, 2016     By Ihqaq Law Firm
According to the Regulation of Regulating Non-Jordanian Investments, Foreign investors are allowed full ownership in many sectors, including manufacturing, hospitals, hotels, and Agriculture.

The Non-Operating Foreign Companies in Jordan

  March 8, 2016     By Ihqaq Law Firm
According to Jordanian Corporate law, the non-operating Foreign Company in Jordan is a Company or an entity which has its regional or representative office in Jordan for operations that it conducts outside the Kingdom for the purpose of using such a regional or representative office for managing its operations and coordinating them with its headquarters, and it is prohibited from carrying out any business or commercial activity inside the Kingdom.

The Foreign Companies Operating in Jordan

  March 7, 2016     By Ihqaq Law Firm
The Foreign Companies Operating in Jordan

The Consular and Diplomatic Protection: The State’s Law and the Supranational Legal Orders

  March 8, 2016     By Studio Legale Ferraro Guglielmi
The consular and diplomatic protection's public law studied the interaction between the State’s law and the supranational legal orders

Kazakhstan's Accession to the WTO: What Has Changed in Trademark Use?

  March 7, 2016     By Signum Law Firm
The accession of to the WTO led to the changes in Kazakhstan legislation. In this review, we would like to specifically refer to the matters of Trademark use.

Reinsurance & Reinsurance Investments by International Companies in Turkey

  March 4, 2016     By ADMD Law Office
The laws and regulations governing the insurance and reinsurance practices in Turkey are quite complex, This brief aims to inform readers on general reinsurance regulations in Turkey and tries to shed light to the reinsurance business by international insurance providers in Turkey.

How To Get Paid: Pennsylvania’s Law Regarding Contractor Payment

  March 3, 2016     By Patberg, Carmody & Ging
A Review of Pennsylvania Law Regarding Contractor Payment

Difference Between an LLC and an LLP

  March 2, 2016     By Jurado & Farshchian, P.L.
The business structure you choose when you start a new business should first and foremost meet your business needs. If you are starting the business with other people, you may be wondering about the differences between a limited liability company (LLC) and a limited liability partnership (LLP).

How Can Your Lawyer Help Protect You in Romania

  March 3, 2016     By Hammond, Minciu and Associates
The use of lawyers in Romania has in the past has often been limited to using them for legal advisory and court work. Most clients should consider using their lawyers in other fields in Romania. They should be used not only for legal matters but for commercial matters which have a legal angle.

LAG Düsseldorf Affirms Dismissal Without Notice for Outburst During Carnival Festivities in Germany

  March 3, 2016     By GRP Rainer LLP
Even during carnival time there are limits. According to a ruling of the LAG Düsseldorf (Regional Labour Court of Düsseldorf), anyone misbehaving too much during office festivities for carnival risks being fired (13 Sa 957/15).

Contracts of Inheritance Have a Strong Binding Effect in Germany

  February 25, 2016     By GRP Rainer LLP
Anyone who wishes to arrange their estate according to a contract of inheritance should note that a contract of inheritance can have a strong binding effect, as demonstrated by a ruling of the OLG München (Higher Regional Court of Munich) (31 Wx 280/14).

Anticipated Inheritance and Gifts

  March 1, 2016     By GRP Rainer LLP
It is possible for assets to be transferred to the prospective heirs during the lifetime of the testator. This is then referred to as an anticipated inheritance, which frequently occurs by way of gifts.

Legal Aspects of Marketing of Organic Products in Ukraine

  February 23, 2016     By Kydalov & Partners
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.

Cyprus: Law Applicable to Contractual Obligations - Rome I Regulation

  February 23, 2016     By Soteris Pittas & Co L.L.C.
Since 17 December 2009, the EU Regulation (EC) No 893/2009 on the Law Applicable to Contractual Obligations (“Rome I Regulation”) is directly applicable in the Republic of Cyprus, and all other Members states of EU, except from Denmark.

Open-Ended Real Estate Funds in Liquidation: Damages Still Possible

  February 25, 2016     By GRP Rainer LLP
Investors in open-ended real estate funds which have since gone into liquidation can still assert claims for damages. Their prospects have improved, thanks to the jurisprudence of the Bundesgerichtshof (German Federal Court of Justice).

Establishing a Company: Choosing the Right Corporate Form in Europe

  February 24, 2016     By GRP Rainer LLP
Company founders have to come to a decision regarding the corporate form of their new business. The favourite is often the Gesellschaft mit beschränkter Haftung (limited liability company) – GmbH.

Kazakhstan Business Code: What’s New?

  February 18, 2016     By Signum Law Firm
On 30 October 2015, the president of the Republic of Kazakhstan (“RK”) signed the Business Code (“BC”). BC is a consolidated code that embodies basic legal acts on regulations of enterprise. The adoption of BC renders some regulatory legal acts invalid.

Change in Smoking Law in Romania

  February 16, 2016     By Hammond, Minciu and Associates
In the 1930’s smoking was seen as the “in” thing to do. Social and economic pressure was such that no-one knew or cared about the consequences of smoking. This was also true in the 1950’s and early 1960’s. Romania allowed this until recently.

How Foreign Nationals Can Start a U.S. Business

  February 15, 2016     By Jurado & Farshchian, P.L.
Foreign nationals who wish to start a U.S. business do not need to have U.S. citizenship or residency to do so. However, there is a visa requirement as well as some statutory restrictions that foreign nationals who wish to operate as entrepreneurs in the U.S. need to be aware of.

Storage, Bailment, Warehouse Lien Foreclosure and Logistics Issues Under the UCC

  February 15, 2016     By The Law Offices of R. Sebastian Gibson
The heart of the bailment relationship which results when a logistics customer transfers property to a warehouse for storage is the warehouse receipt. It is much more than a receipt. It is a document of title and provides essential terms. An attorney retained to provide advice relating to damages or foreclosure of a warehouse lien needs to be experienced with the UCC and also with third party logistics contracts which are often incorporated into the warehouse receipt.

Business Succession: Reform of Inheritance Tax Entails Greater Burden in Germany

  February 16, 2016     By GRP Rainer LLP
The reform of inheritance tax could entail a greater burden on company heirs in the context of business succession than was hitherto thought to be the case. The government’s plans are coming under fire.

What Attorneys Need to Know To Draft Third Party Logistics (TPL) Contracts

  February 12, 2016     By The Law Offices of R. Sebastian Gibson
Third party logistics (TPL and 3PL) contracts are some of the most complicated agreements an attorney can draft. For the manufacturer entering into an agreement with a third party logistics provider, or a new entity providing logistics services, well-drafted and negotiated third party logistics contracts are essential to protect profits and exclude liability for damages or unforeseen additional costs.

What Tax Will You Pay On Company Incorporation in Romania

  February 12, 2016     By Hammond, Minciu and Associates
One of the current most challenging issues on the incorporation of a company in Romania is the immediate tax impact on the company and its profitability. The majority of Romanian companies were incorporated with the minimum capital of two hundred (200) RON. This means a minimum capital of approximately forty five (45) Euros. This is still the case.

How to Organize an Oregon Limited Liability Company

  February 12, 2016     By Inspiration Spaceship, LLC
Portland is a great city for startups, and the limited liability company (“LLC”) is often an equally excellent choice for organizing a new business entity. The advantages of LLCs are many, including the fact that while owners enjoy the benefit of personal limited liability like a corporation, an LLC is taxed like a partnership or sole proprietorship. But after you’ve chosen the LLC form, what steps are required to set up your company to do business as an Oregon entity?

Kuwait Agents lose ‘Exclusive Agent’ Status

  February 11, 2016     By Al Yaqout Legal Group
Bringing in a paradigm shift to the Commercial Agency laws prevailing in Kuwait, the state’s National Assembly had passed significant amendments in February 09, 2016. The new amendment laws precisely struck down the concept of ‘exclusivity’. The principal-companies henceforth can appoint more than one agents or dealers of commodities in Kuwait once the new laws hit the official gazette.

BGH: Fruit Juice can be Promoted with Description “Lernstark” in Germany

  February 8, 2016     By GRP Rainer LLP
In its judgment of December 10, the BGH ruled that statements such as “lernstark” (fast learner) and “Mit Eisen zur Unterstützung der Konzentrationsfähigkeit” (with iron to promote concentration) are permissible on foodstuffs (I ZR 222/13).

Avoiding Ownership Disputes

  February 5, 2016     By Gehres Law Group, P.C.
Many clients contact business litigation attorneys when it is too late to avoid a dispute. When that happens, the costs and stress of litigation can mount. Here are some relatively simple and cost-effective measures to help you avoid an ownership dispute down the road.

Fidentum GmbH Insolvent – BaFin Orders Liquidation of Lombardium Hamburg GmbH & Co. KG

  February 9, 2016     By GRP Rainer LLP
Preliminary insolvency proceedings were opened against Fidentum GmbH before the Amtsgericht Hamburg (Hamburg Local Court) on December 4 (Az. 67c IN 473/15). The issuing house offered its clients the LombardClassic 3 Fund.

The Limited Liability Company in Albania and Branch in Albania

  February 4, 2016     By LPA Law Firm
Register an LLC in Albania and register a Foreign Company Branch in Albania

BGH on Contingent Liability of GmbH Shareholders in Germany

  February 4, 2016     By GRP Rainer LLP
If a partner of a GmbH (Gesellschaft mit beschränkter Haftung) [limited liability company] sells his ownership interest, he thus becomes excluded from contingent liability and is not liable for the other partners’ outstanding capital contributions.

IT Crimes in Saudi Arabia

  February 2, 2016     By Hazim AL-Madani Law Firm
Anti-Cyber Crime Law of Saudi Arabia is ny act committed related to computer or the internet violating stipulations of this law.

A Breakthrough in the Retail Sector in Saudi Arabia – 100% Ownership to Foreign Investors

  February 12, 2016     By Hazim AL-Madani Law Firm
Now a Foreign Investor can have 100 % ownership in retail sectors. SAGIA plans to pump in more high-level investors into the kingdom and introduce new technology and maintain economic growth that may become increasingly important if oil prices stay low and to make Saudi Arabia an international center for the distribution, sale and re-export of products.

Cyprus: Warrant of Search Issued against a Lawyer Cancelled Due to Violation of Legal Professional Priviledge

  February 2, 2016     By Soteris Pittas & Co L.L.C.
In the recent case, Antonakis Andreou & Co LLC, a Supreme Court Judge, in Certiorari proceedings, cancelled a warrant issued against a lawyer and his law firm, for the search of the lawyer’s premises, on the ground that the law firm withheld certain important documents, relating to the alleged commission of serious crimes, by a client of the law firm.

BGH Strengthens Commercial Agents’ Entitlement to Payment of Voluntary Contributions in Germany

The Bundesgerichtshof (German Federal Court of Justice) has strengthened the rights of commercial agents after their agency agreements have been terminated with its ruling of November 5, 2015 (Az.: VII ZR 59/14).

Breach of Fiduciary Duty

Introduction: When People You Have a Right to Trust Cheat You Ours is a world of contractual relationships, written and oral. We hire people to help us, and we hire people to act on our behalf. We enter into business associations, like becoming partners and shareholders of partnerships and corporations.

Why a Mandate Contract in Romania?

Since 1989, Romania has passed from the command economy of socialism to commerce based on the free market and capitalism.

VG Koblenz: Managing Director Liable for Tax Debts in Germany

The managing directors of a German Unternehmergesellschaft (entrepreneurial company), UG for short, are liable for the company’s trade tax debts. That was the decision of the Verwaltungsgericht Koblenz (Administrative Court of Koblenz) (Az.: 5 K 526/15.KO).

Supervisory Board in Polish Corporate Law

The Polish Corporate Law provisions which define duties and powers of Supervisory Board Members of Polish Companies, and the rules of appointing, dismissing and remunerating Supervisory Board Members of Joint Stock Companies in Poland.

Issues to Consider When Offered Stock Options

It is commonplace for start-ups and emerging companies to offer stock option to employees, consultants and service providers in conjunction with, or often in lieu of, cash compensation. The potential recipient of stock options should be aware of certain important considerations before simply accepting stock options in a start-up or emerging companies.

Cayman Islands Limited Liability Companies Bill

It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands limited liability company (an "LLC").

How to Enforce an EU Judgement within the European Union

Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.

Execution of Decisions of Non-Resident Individuals and Legal Entities in the Ukraine

What can non-residents (individuals and legal entities), who have received judgments in their jurisdictions, and such decisions should be enforced in the territory of Ukraine, do?

Six Key Matters About the Hong Kong Competition Ordinance

Six key matters about the Hong Kong Competition Ordinance.

Regulating Foreign NGOs in China – Draft Foreign NGO Law

Very fast growing number of foreign non-governmental organizations (“NGO”) operate in China. However, the laws regulating them are few, vague and inadequate. Currently, only the Regulation for the Administration of Foundations applies for NGOs to establish representative offices in China. As such, some of the existing foreign NGOs in China operate as business enterprises whilst others may even remain unregistered and thus unregulated.

How to Remove a Shareholder from a Business

  By HG.org
When a corporation wishes to remove a shareholder from a business, there are several particular steps that they must follow. These steps are determined by the nature of the relationship between the business and the shareholder and the corporate documents.

LG Düsseldorf Strengthens the Rights of Commercial Agents Regarding Compensation Claims in Germany

The Landgericht Düsseldorf (Regional Court of Düsseldorf) has strengthened the rights of commercial agents with a view to their entitlement to seek compensation (partial judgment of August 28, 2015, Az.: 33 O 119/12).

Benefits of a Financial Power of Attorney

Many of our estate planning clients have heard about a Financial Power of Attorney but are not clear as to why they should have one or how they might benefit from having this legal document. At the outset, it is important to consider, “Who takes care of my financial interests if I become incapacitated and unable to handle my own financial affairs?”

Bulk Sales Law for California Asset Sales

While many states have repealed their bulk sales laws, California’s Bulk Sales Law remains in full force and effect. The primary stated purpose of this law is to protect buyers and creditors following the purchase of more than half of a business’s assets. If a buyer makes a bulk sale purchase but does not adhere to the requirements set out in the bulk sales law, the buyer will typically remain liable to the seller’s creditors.

California’s Anti-SLAPP Laws Increase Risk when Suing Based on Consumer Complaints

California anti-SLAPP laws are are designed to protect the public right to petition and free speech in matters of public interest and concern, including in connection with lawsuits, legislation, in public forums and discussions, and generally in matters of public interest. Where anti-SLAPP law applies, however, it can spell disaster for a plaintiff who is found to have filed a contravening lawsuit as illustrated by the example below.

Senegal Business Environment: From a Local and a Regional Perspective

Senegal belongs to two major regional entities: ECOWAS and WAEMU. ECOWAS is an association of 16 West African entities aiming at having one economic and monetary zone with a uniform legislation on the main sectors regarding economy, trade, natural resources, diplomacy, to mention a few. WAEMU is an entity of eight West African countries, having the same currency, the same reserve bank and the same business law.

Doing Business in Cote d’Ivoire: New Steps for a More Attractive Business Climate

On regional level, Cote d’Ivoire belongs to three major regional entities: The Economic Community of West African States (ECOWAS), The West-African economic and monetary Union (WAEMU). These countries share the same currency, the same central bank (BCEAO), and the same business law. The Organisation for the Harmonisation of Business Law in Africa (OHADA)

Georgia's Registration Process for Out-of-State Contractors

It is common for a contractor in one state to participate on a project in another state. Unfortunately, each state has its own rules and regulations for letting out-of-state contractors work within its borders. For those contractors and subcontractors who are bidding on or working on Georgia projects, there are registration requirements with the Georgia Department of Revenue. This article provides useful information to construction professionals seeking working in Georgia.

Settle Business Succession Early On in Germany

The issue of business succession preys on the minds of the heads of many family-run businesses. Plans for succession ought to be made at an early stage. It can also be helpful to prepare a will.

Derivative Claims in the Cayman Islands

  By Loeb Smith
What is a derivative action? A derivative action is one commenced by one or more minority shareholders on behalf of a company of which they are member in respect of loss or damage which that company has suffered. Such a claim can only be brought in certain circumstances and amounts to an exception to the rule that a company, as a separate legal person, should sue and be sued in its own name (often referred to as the rule in Foss v Harbottle (1843), 2 Hare 461; 67 E.R 189).


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