Business and Industry Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.




Business Taxes, Payroll Taxes and Trust Fund Recovery Penalty

  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.

Cyprus Nominee Shareholders - Valid Trusts Arrangements or a Mere Façade?

  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.

Voluntary Disclosure Leading To Immunity: Planned Tightening From January 1, 2015

  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.

Collecting from an Out of Business Company or Employer

  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.

Commercial Indemnity Provisions: The Devil’s in the Detail

  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.

Joint Ventures – Protecting with Contract Terms

  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.

Association Law: Pay Attention to Fiscal and Legal Aspects When Establishing an Association

  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.

Corprorate Spin Offs and Carve Out Transactions in Dubai and under UAE Law

  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.

Foundation Law: Constitutive Documents Regulate The Purpose Of The Foundation

  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.

Contract Law: Precisely Defining Rights and Obligations in a Contract

  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.

Business Ownership in the Family

  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.

Tax Evasion: Risk of Discovery Increases – Amended Tax Return as a Way Out

  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.

Travel Operator Breaks Price Agreements with Agent

  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’.

Amsterdam Shareholders’ Agreement Decisive in Conflict

  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.

Higher Regional Court of Hamm on Misleading Dental Advertisement Online

  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.

Amended Tax Return: North Rhine-Westphalia Wants to Continue Purchasing CDs on Tax Evaders

  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.

How to File a Mechanics and Materialmen's Lien in Georgia

  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.

The New Angola: Legal Developments and Trends

  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.

German Act Against Unfair Competition Protects The General Public

  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.

The “Legality Rating” for Most Ethical Companies in Italy

  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.

EMRA Approval for Transfer of Shares in Electricity Generation Companies in Turkey

  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.

Finding the Right Company Form when Establishing a Business in Germany

  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.

Security for Cost in Turkey

  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.

Recognition of a Foreign Judgment and Public Policy Requirement

  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!

Commercial Agency Law: Rights and Obligations of Commercial Agents

  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.

Tax Evasion: In The Case Of An Amended Tax Return, All Cards Must Be Laid on the Table

  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.

Competition Law: Protection Against Unfair Competition And Cartels

  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.

GmbH Offers More Benefits Than Risks

  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.

Licensing Agreement: Granting And Acquiring Usage Rights

  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.

Foreign Investments in the Ukraine

  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.

Update your Credit Application Procedures Today

  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.

Debt Collection Procedures in Italy - How to Collect a Debt in Italy

  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.

Board of Directors: Many Rights and Obligations

  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 Limitation Periods for Loss Claims Start

  September 22, 2014     By Parris Whittaker, Attorney at Law
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).

Commercial Law: Privileges and Disadvantages for Businessmen

  September 18, 2014     By GRP Rainer LLP
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.

Amended Tax Return in the Event of Tax Evasion: Tax Liability Must Be Discharged Quickly

  September 17, 2014     By GRP Rainer LLP
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.

When a Business Can Be Sued for Personal Injury

  September 15, 2014     By HG.org
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: Remain Unpunished By Submitting An Amended Tax Return - Germany

  September 15, 2014     By GRP Rainer LLP
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.

Offshore Banking in Turkey

  September 14, 2014     By Herdem Attorneys at Law
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

  September 11, 2014     By CSB Advocates
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.

Colur, my Colour - Registration of Colour Marks, a Global Overview

  September 6, 2014     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.

Corporate Structure – Levels of Legal Control Over a Group Medical Practice

  September 5, 2014     By Matt Dickstein, Business Attorney
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.

Outline of a Compensation / Expense Structure in a Group Medical Practice

  September 5, 2014     By Matt Dickstein, Business Attorney
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.

How to Avoid Successor Liability When Buying a Business

  September 5, 2014     By Matt Dickstein, Business Attorney
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.

Avoid Successor Liability when Buying a Medical Practice, including Provider Numbers and Taxes

  September 5, 2014     By Matt Dickstein, Business Attorney
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.

Four Tips on Negotiating Startup Office Leases

  August 28, 2014     By The Gauthier Law Group, LLC
Ready to move your startup out of the garage and into real office space? Here are some tips on negotiating your startup office lease.

REITs to Boost Growth and Transparency in Indian Real Estate Sector

  August 28, 2014     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.

Cancelling Life Insurance Policies: Instruction on Cancellation is Decisive

  August 28, 2014     By GRP Rainer LLP
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.

Dismissal and Termination of Contract of a Managing Director

  August 27, 2014     By GRP Rainer LLP
In the context of dismissing and terminating the contract of a managing director, essential points have to be observed.

Doing Business in Germany

  August 26, 2014     By WINHELLER Attorneys at Law & Tax Advisors
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.

Ship Funds: World Trade Losing Momentum

  August 26, 2014     By GRP Rainer LLP
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 and Repelling International Jurisprudence in Germany

  August 25, 2014     By GRP Rainer LLP
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.

Company Succession: A Complex Process with Lots of Room to Maneuver

  August 22, 2014     By GRP Rainer LLP
If the proprietor of a firm retires, company succession must be arranged. Generally, there are two options: Sell or bequeath.

China Improves Enterprise Information Access

  August 22, 2014     By MMLC Group
Recent progress of enactment and establishment relating to the publicity of enterprise credibility information in order to cooperate with the implementation of the latest amended Company Law.

Reviewing Residential Construction Contracts

  August 21, 2014     By Pohl & Short, P.A.
There are many high-quality contractors in Central Florida that do an outstanding job, building beautiful homes. They try to get their projects finished on schedule and within their client’s stated budget, as they know that their hard-earned reputations are on the line.

20 Early Warning Signs Indicating Changes in Credit Profile

  August 21, 2014     By Cobb Law Group
After a vendor extends credit, it is vital that the vendor continually monitor the debtor for changes in its credit profile in order to minimize the vendor's risk of nonpayment. The following list of 20 early warning indicators, will help you see the risk coming before it happens.

Particularities of Inheriting and Bequeathing in Cases Involving a Foreign Element

  August 21, 2014     By GRP Rainer LLP
All states have their own inheritance laws. In succession cases involving a foreign element, the question arises as to which inheritance law is applicable. In many cases, this is a complex matter.

Up Close and Personal: The Malaysian Personal Data Protection Act

  August 20, 2014     By Donovan & Ho
The Malaysian Personal Data Protection Act 2010 (“the Act”) came into force on 15 November 2013. With it, businesses in Malaysia are now faced with additional responsibilities and requirements when it comes to dealing with personal data of their employees, suppliers, and customers. This article summarizes the key issues to note under the Act.

Inheritance Tax: Are Tax Concessions for Businesses Toppling?

  August 20, 2014     By GRP Rainer LLP
The German Federal Constitutional Court (Bundesverfassungsgericht) is currently dealing with inheritance and gift tax. The focus is the question of whether tax benefits for businesses are justified.

What to Do if a Default Judgment is Taken Against You

  August 18, 2014     By Roger G. Jain & Associates, P.C.
A default judgment is a judgment that is taken against someone that’s been sued when the person sued (defendant) is served with a lawsuit but ignores the lawsuit, fails to file the proper documents (an Answer) or otherwise make him or herself known to the court.

E-Governance in Terms of Indian Companies Act, 2013

  August 18, 2014     By Global Jurix
Electronic Governance or E-Governance has now become an imperative requirement of today’s highly competitive and intense corporate world. Through proper utilization of e-governance at all levels of corporate hierarchy, corporations in all economic sectors can certainly become more efficient, transparent, and reliable. The below article describes the provisions of e-governance stipulated by the new Indian Companies Act of 2013, to make corporate governance in India rather swift and impeccable.

Rules Change for Construction Arbitration

  August 15, 2014     By Cobb Law Group
The American Arbitration Association offers new rules to reduce fees and speed the decision making process for the arbitration of construction claims between $75K and $5M.

Arrange Company Succession Promptly and Benefit from Tax Advantages

  August 15, 2014     By GRP Rainer LLP
In many companies, succession will have to be arranged in the coming years. Those who still wish to benefit from tax advantages should act promptly.

Tax Evasion in Germany: Voluntary Declaration Must be Made in Good Time

  August 14, 2014     By GRP Rainer LLP
A voluntary declaration in the case of tax evasion only exempts you from punishment if it has been submitted on time. Thus, the authorities cannot already have begun any investigations.

China's Supreme People's Court (SPC) Rules in Favor of ICC Arbitration in China

  August 12, 2014     By John Oneil International
The recent decision by the China SPC turns on its head all that international arbitrators and contract drafters have come to believe of the China Arbitration rules, which requires all arbitration to be done by a Chinese institution, which invariable meant the application of that institution's arbitration rules.

Labour Law: Avoiding Pitfalls In Labour Law

  August 12, 2014     By GRP Rainer LLP
Labour law is a wide field that features many pitfalls. Of particular importance is, for example, the conclusion of the employment contract as well as termination giving due notice.

Tax Evasion: More and More Voluntary Declarations in North Rhine-Westphalia

  August 11, 2014     By GRP Rainer LLP
Clandestine accounts in Switzerland are clearly becoming too hot for many people. In the first half of 2014 in North Rhine-Westphalia (NRW), three times as many voluntary declarations of an incomplete tax return relating to Switzerland are reported to have been received than in the same period of the previous year.

Arrest of Ships in Accordance with Libyan Law

  August 8, 2014     By Karbal & Co.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.

Management Personnel and Their Special Status in Labour Law

  August 8, 2014     By GRP Rainer LLP
Executive employees and management personnel occupy central positions in firms and are therefore subject to different legal conditions. This has implications for the employment contract and termination.

Ukraine: The Freedom in Choosing a Segment of the Market

  August 7, 2014     By Kydalov & Partners
Doing business in Ukraine, especially for a non-resident, is difficult, and there are a lot of formalities that are not inherent in the developed countries. That specificity and peculiarities of the Ukrainian market constrain, and sometimes repel the potential investors and businessmen from entering to the Ukrainian market. And these causes are the reason of lackluster performance of Ukraine in the field of competitiveness and ease doing business.

I Left My Job and Now I Can't Make a Living - Non-Competes and Employees

  August 6, 2014     By Morris Anderson Law
Many employees have to sign "non-compete" agreements, often as a clause in initial hiring paperwork. Such clauses can throw a wrench in the hunt for new employment, and can cause you to be terminated from your new job. Here's what you need to know.

Banking Law: Client Often at a Disadvantage Vis-à-vis Bank – Lawyers Can Help

  August 6, 2014     By GRP Rainer LLP
Banking law is one of the fields of law that almost everyone comes into contact with, yet it features many pitfalls which can be expensive for clients.

Due Diligence Review Essential for Larger Transactions

  July 29, 2014     By GRP Rainer LLP
In the case of larger transactions, including in particular the acquisition of companies, shares in companies or investment property such as real estate, a careful risk assessment is indispensable. This kind of due diligence review provides all the relevant information for the planned purchase.

The Majority Shareholder Falls Out Of Control in Hungary

  July 28, 2014     By Jalsovszky Law Firm
The corporate law is based on the “majority principle”: the majority shareholder can control the decisions at the shareholders’ meeting. While the old Companies Act already contained certain exceptions to this principle the new Civil Code broadens the scope of the exceptions.

Shanghai Free Trade Zone Releases 2014 Negative List Revision

  July 27, 2014     By John Oneil International
The broad negative list initially issued at the launch of the Shanghai Free Trade Zone (FTZ) in Oct 2013 has been revised as promised. The newly issued negative list issued on June 30 2014 takes immediate effect and decreases the initial number of prohibitions from 190 to 139.

Cyprus Holding Companies

  July 27, 2014     By Anastasios Antoniou LLC
Cyprus provides an established, stable and solid legislative framework under which Cyprus companies can be formed for intermediary or ultimate holding purposes within corporate groups, in project finance, cross-border transactions or even investment management contexts.

Cyprus Alternative Investment Funds

In what constitutes a pivotal step in the transformation of Cyprus into one of the primary investment funds jurisdictions, new legislation is in place to regulate the establishment of Alternative Investment Funds. The Alternative Investment Funds Law of 2014 (the Law) provides a much-expected overhaul to Cyprus' investment funds regime, which commenced with the Alternative Investment Fund Managers framework enacted in 2013.

People’s Republic of China Arbitration Clause – No Room for Ad Hoc?

The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this usually means arbitration through the China International and Trade Arbitration Commission (CIETAC).

Duties of Directors Under the New Indian Companies Act, 2013

Duties and responsibilities of the Directors of a company, particularly the public limited companies, have been explicitly and lucidly stipulated in the new Indian Companies Act of 2013, which were rather obscure in the earlier CA-1956. These duties and liabilities of both the general Directors and the Independent Directors, are described in the Section 166, and the Schedule IV of the CA-2013. Discover these vital duties, for highly efficient and impeccable corporate management and governance.

Good News for Cayman Domiciled Private Equity Funds - Introduction of New ELP Law

The Cayman Islands (“Cayman”) continue to be the leading offshore jurisdiction for the establishment of both hedge funds and private equity funds. Typically, private equity funds are structured in Cayman as exempted limited partnerships (“ELPs”) and the introduction of the Exempted Limited Partnership Law, 2014 (the “New ELP Law”), which came into force on 2nd July 2014, will enhance the attractiveness of Cayman as the leading offshore jurisdiction for private equity funds.

Emoney and Payment Institution License in Cyprus

Cyprus Guidelines on Completing and Submitting Applications for Authorization as an Electronic Money Institution (‘EMI’) and Payment Institution under Directive 2012 [“the EMD”]; the Appointment of Agents & the Establishment of Branches

Why Small Businesses Should Consider China Trademark Registration

The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid close attention to especially by small businesses.

Significant Changes to Several Requirements on Registration of Foreign Invested Enterprises in China

On June 17, 2014, the Ministry of Commerce of China issued a notice regarding the improvement of review & approval and statistical rules of foreign investment in China (the “Notice”) and the Notice shall take effect as of its promulgation date. The Notice revised several important issues regarding the review and approval of registration of foreign-invested enterprises (the “FIE”) in China.

One Shareholder Excludes the Other, What Can You Do?

An earlier blog by Dutch lawyer Hein Hoogendoorn explained that in preliminary relief proceedings one shareholder can claim from the other shareholder that the latter has to sell his shares. Not every conflict between shareholders is suitable for preliminary relief proceedings. In this blog, corporate lawyer in The Netherlands Hein Hoogendoorn discusses the outcome of a main action that also addressed an enforced takeover of shares. This case was submitted to the court of North Netherlands.

Profit Utilization of Limited Liability Company in Indonesia

  By Leks&Co
Profit utilization of limited liability company is regulated under Article 70-73 Law Number 40 of 2007 on Limited Liability Company (“Company Law”).

New Procedures For Validating a Legal Entity, Approving an Amendment of Article of Company’s Data

  By Leks&Co
On March 26, 2014, the Minister of Law and Human Rights (“MoHLR” ) enacted the Regulation of MoHLR No. 4 of 2014 on Validating a Legal Entity, Approving an Amendment of Article of Association and Company’s Data (“Regulation of MoHLR No. 4/2014”).

Georgia Court of Appeals Denies Grading Contractors' Claims

A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.

Corporate Takeover in The Netherlands – Take Good Advice!

Now that the economy is improving again, we see an increasing number of corporate takeovers. Taking over a company is an important process both for the buyer and the seller, in which unfortunately many things can go wrong. Most disputes occur because the parties have not taken good advice or have not (have) committed their agreements in writing in a clear manner. Corporate lawyer Hidde Reitsma explains the in and outs of a takeover process and what the parties should consider.

4 Common Types Of Small Business Litigation Suits

While big corporations and companies get sued fairly regularly, small businesses are liable these days as well. Small business litigation suits are more common than people think, and they can have serious consequences for the companies involved, including costing huge amounts in legal fees and settlement costs, tainting professional reputations, and taking up valuable time and effort.

Eight Common Affirmative Defenses for Breach of Contract Lawsuits

Breach of contract lawsuits are common in the business world, but they can also be complicated. To win a breach of contract suit, you must present affirmative defenses to justify your actions and explain why you did or did not break the contract in question for an acceptable reason.

SAFE Issues New Regulations on Cross-Border Security

  By MMLC Group
On May 12, State Administration of Foreign Exchange (“SAFE”) issued Regulations on Cross-Border Security as well as its Implementation Guidelines (the “Regulations”). The Regulations has become effective on June 1.

8 Simple Changes To Improve Your Construction Contracts

In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.

Easier Rules for PRC Cross-Border Securities and Guarantees

On 12 May 2014, the State Administration of Foreign Exchange (“SAFE”) issued the Rules on Foreign Exchange Administration for Cross-Border Security (“Rules”) which became effective on 1 June 2014. The Rules relax government control of capital and simplify cross-border guarantee of loans and investment requirements in and out of the People’s Republic of China (“PRC”).

Liability of the Shareholder for Public Debts under Turkish Law

Tax Liability in Joint Stock (“Anonim Şirket”) Companies As it has been known, administration and representation of joint stock companies are carried out by board of directors of the company.

How to Answer Written Discovery in Your Case

You may have been told recently by your attorney that you need to answer written discovery in your case. This may come at a time when you are already stressed out by the fact that you are involved in a lawsuit. This article will give you some practical tips about how to manage the paperwork more easily.

Don't Make a Mistake--Read Your Contract

Last week, the Georgia Court of Appeals rendered a decision which is detrimental to subcontractor who do not thoroughly read and understand their construction contracts. The contract included a provision which made the individual signing the contract on behalf of the subcontract company personally liable for the contract's performance. The court permitted this provision to be enforced against the signatory.

China's MOFCOM Rejects Maersk's P3 Alliance

  By MMLC Group
This article looks at the recent decision by MOFCOM regarding Maersk's P3 Alliance, being only the second case ever where MOFCOM has refused approval. The implications of this decision need to be kept in mind by parties with large market shares, looking at entering into M&A transactions or cooperative ventures, affecting China.

How to Buy Residential and Commercial Real Estate in Egypt

Law description for business commercial companies established in Egypt. These rights have described according to the International Law in Egypt. Also the article says about private property in Cairo, Hurghada. But there are other rules for Sharm-El-Sheikh.

New Merger Control Legislation in Cyprus Enacted

The 2014 merger control regime replaces the previous framework in place since 1999 and increases the powers of the Commission for the Protection of Competition in assessing, investigating and clearing merger, acquisitions and joint ventures.


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