Business and Industry Law Articles

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

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Unpaid Income Tax Establishes Liability Of The Managing Director Of A GmbH – Company Law

  April 24, 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.

Notices Of Termination and Fixed-Term Employment Contracts Only in Writing

  April 23, 2014     By GRP Rainer LLP
Since 01/05/2000, the Labour Court Acceleration Act is in force, a law to simplify and speed up labour court proceedings.

What makes a Lawyer Websites Effective?

  April 22, 2014     By Law Offices of Kevin Cortright
If you have an existing website, or strategy to establish one in the near future, it's important to comprehend the characteristics that can make or break the efficiency of your online financial investment. An unappealing or badly constructed site will do more to hurt your business than to help it. In this article, we look at the basic elements associated with making a website effective.

California Insurance Agent Sentenced For Financial Fraud That Targeted Seniors

  April 21, 2014     By The Evans Law Firm
A Los Angeles area insurance agent accused of defrauding senior citizens will spend five years in jail and was ordered by the court to pay $1.2 million to compensate his victims.

White Collar Crime: Entrapment and Ignorance of the Law Can Snare the Unwary

  April 18, 2014     By DeBlis & DeBlis
The most common white-collar offenses run the gamut of nonviolent crimes from antitrust violations to money laundering. The FBI estimates that white-collar crime costs the United States more than $300 billion annually. These estimates do not take into account cases where aggressive and ambitious prosecutors snare an unwary person, who eventually pleads guilty in the face of intimidation and threats. Then there is the plethora of regulations where ignorant noncompliance is, nevertheless, a crime.

Add the Letter ‘T’ to FATCA, and No One’s Getting Fat Except the IRS

  April 18, 2014     By DeBlis & DeBlis
In 2010 President Obama signed P.L. 111-147, the Hiring Incentives to Restore Employment Act. The purpose of the law is in its eponymous title, but the IRS got into the act with the Foreign Account Tax Compliance Act (FATCA) provisions.

How to Best Locate Your Company in Turkey?

  April 18, 2014     By Herdem Attorneys at Law
In the establishment process of a company, the question which comes to the fore first of all is where the company shall be established. Since the place of business of a company plays an essential role for an investor, he/she shall be informed about the advantages and disadvantages of special areas detailedly in the start-up phase, even if the company's sector is also relevant for investor's decisions regarding his/her projects.

Regulations Of Commission For Trade Representative Contracts

  April 16, 2014     By GRP Rainer LLP
The contractual commission regulations of trade agents can be invalid if they are contradictory.

Acquisition of Polish LLC or Stock Company

  April 15, 2014     By Dudkowiak & Kopec Law Firm
The complicated process' of mergers and acqusitions are very often concluded by a simple contract - share purchase agreement. Polish M&A regulations do not differ from standards established in other countries, there are very few conditions to be met, however they must be strictly obeyed otherwise the deal might be null and void in view of Polish Law.

Whistleblowers Helping the Public By Exposing Fraud

  April 14, 2014     By The Evans Law Firm
The 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.

Embezzlement in Turkey

  April 14, 2014     By Barlas Uyar Eraslan Law Firm
Embezzlement is typically seen at public sector however it has been a general issue in private sector as well and it may be a risk factor that causes serious financial loss.

Maintenance and Preservation of Partnership Structure in Turkiash M&A Transactions

  April 14, 2014     By Herdem Attorneys at Law
The one of the most significant principle in an M&A transaction is “the principle of maintenance of partnership structure” (or the maintenance principle) under Turkish Commercial Code.

Share Types and Share Transfers in Accordance with Turkish Law

  April 14, 2014     By Barlas Uyar Eraslan Law Firm
Share is the part of the main capital divided to a specific number of unit value. In accordance with the former Turkish Commercial Code (hereinafter shall be referred to as”the former TCC”) it is not mandatory for a Joint Stock Company (hereinafter shall be referred to as “JSC”) to issue shares. JSC reserves two types of shares. These are registered share and bearer share. A JSC may issue shares following the official registration of the company.

Collecting Debts In Germany

  April 14, 2014     By GRP Rainer LLP
Trust is good, control is better. This is especially true when making the first delivery to a new customer. A lawyer can support your company by assessing customer creditworthiness. Experienced lawyers will also discuss strategies to protect you against the risk of default.

How a Bulgarian Limited Liability Company May Validly Transfer/Purchase Real Estate

  April 10, 2014     By Atanaska Lesichkova Law Firm
The question whether the General Meeting of the Shareholders in a limited liability company (OOD) should adopt a special resolution for the conclusion of a transaction for transfer of ownership over real estate was disputable in Bulgarian legal theory and practice. The Supreme Cassation Court finally resolved this issue.

China Reforms its Registered Capital System for Companies

  April 7, 2014     By Angela Wang & Co.
The Standing Committee of the National People’s Congress amended the PRC Company Law which amendments came into effect on 1 March 2014. Most of the amendments relate to the reform of the paid-up registered capital system which aims to simplify the company registration process in the PRC.

In Principle No Right To Restitution Of A Legacy Gifted During Lifetime – Law Of Succession

  April 7, 2014     By GRP Rainer LLP
A legatee is only entitled to restitution of a legacy gifted during the lifetime of the testator under special circumstances.

Incorrect Turnover Projections Can Justify Damages Claims – Franchise Law

  April 4, 2014     By GRP Rainer LLP
If a franchisee is not informed that turnover projections are based merely upon estimations then it is entitled to damages claims with respect to the turnover figures that have not been achieved.

Higher Regional Court of Hamm: Vouchers As Unfair Competition – Competition Law

  April 3, 2014     By GRP Rainer LLP
Automotive garages cannot promote the repair of damage which is covered by comprehensive collision insurance by issuing vouchers for follow-up jobs.

Corporate Structure for a New Business

  April 2, 2014     By Matt Dickstein, Business Attorney
How to structure a new business venture focusing on small businesses that have only a few shareholders or partners. Four important issues for the structure of the business are share ownership, compensation, control rights, and lastly the shareholders’ exit from the business.

The California Revised Uniform Limited Liability Company Act and What It May Mean for You

  April 2, 2014     By Watkins Firm, A Professional Corporation
The California Revised Uniform Limited Liability Company Act (“Revised LLC Act”) to be enacted on January 1, 2014 may dramatically affect companies with no operating agreements, or operating agreements that do not address the new default provisions under the Revised LLC Act.

How to Incorporate in Turkey

  April 1, 2014     By ADMD Law Office
Summary information on formation of businesses under different types of commercial entities in Turkey.

Corporate Social Responsibility- Now a Mandated Responsibility in India

  April 1, 2014     By Global Jurix
Corporate Social Responsibility (CSR), a term widely use for defining the responsibilities of Corporate world towards the society & environment. Although the term is not new in this Corporate world but its scope & meaning has undergone major changes from treating it as a mere charity in comparison with the responsibilities/duties of the Corporate towards the outer world.

Corporate Governance in Turkey: Lessons From The American Experience

  March 27, 2014     By Herdem Attorneys at Law
Corporate governance serves as a tool in order to ensure accountability, transparency and responsible management on the part of the enterprises which have increasingly been finding themselves in a more competitive world.

Cross-Border Cooperation with Ukrainian Constitute

  March 24, 2014     By Kydalov & Partners
The cross-border cooperation in its actions submits the implementation of common programmes in different fields such as economic, social, scientific, technological, ecological, cultural and others. The main aim of all these relations between business entities from different countries is to get mutual advantages.

Immediate Tax Deducts For Accrued Property Transfer Taxes – Tax Law

  March 20, 2014     By GRP Rainer LLP
Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession is an important fact.

Remuneration For Overtime Only Where Employer Is Aware – Labour law

  March 19, 2014     By GRP Rainer LLP
It is only if the employer is aware of extra work that there may potentially be a claim on the part of the employee for payment of overtime.

Infinus Group: Renewed Crackdown And Threat Of Insolvency

  March 18, 2014     By GRP Rainer LLP
According to concordant media reports, there has been a renewed crackdown at a business belonging to the Infinus Group. It was reported that on March 5 Infinus AG Financial Services Institute (FSI) was searched.

Advisor Has To Demonstrate Any Disclosure Of Errors In Leaflets – Capital Market Law

  March 13, 2014     By GRP Rainer LLP
Advisors must elucidate mistakes or information gaps in leaflets; otherwise, there has been a consultation error. The burden of proof for the disclosure lies with the advisor.

Termination By Regular Notice Due To Tax Evasion Of Employee Effective – Labour Law

  March 12, 2014     By GRP Rainer LLP
Termination by regular notice of an employment relationship is effective if the employee makes use of an illegal accounting method to increase his earnings.

Democratic Republic of the Congo: Delay in Application of Uniform Act on Business Accounting Systems

  March 11, 2014     By Emery Mukendi Wafwana & Associes
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.

Incomplete Disclosure Regarding Refunds With Respect to Ship Funds MT “Margara” – Capital Market Law

  March 11, 2014     By GRP Rainer LLP
The Regional Court of Hamburg awarded damages to an investor of the ship funds MT “Margara” because the latter was not informed about refunds.

Congo-Brazzaville: Creation of an Investment Promotion Agency

  March 10, 2014     By Emery Mukendi Wafwana & Associes
On August 22, 2012, the President of the Republic of Congo-Brazzaville enacted Law No. 19-2012 on the creation of the Investment Promotion Agency[1]. Under this law, the Investment Promotion Agency is an administrative public institution, with legal status and financial autonomy[2]. The Agency is based in Brazzaville, the capital city of the Republic of Congo, and is under the authority of the Minister of Promotion of the Private Sector.

Congo-Brazzaville: Adoption of Bill on Single Window for Cross-Border Operations

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Congo-Brazzaville: Bill on the creation of a single window for cross-border operations has been adopted.

Ivory Coast: New Measures to Promote Enterprise Creation and Property Transfer

  March 10, 2014     By Emery Mukendi Wafwana & Associes
New measures to promote enterprise creation and real estate property transfer in Ivory Coast.

New Regulations on Tax Residency Certificate in Mauritius

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Mauritius is a strategic Global Business center located in the Indian Ocean. It is one of the most open and financially sound economies in Sub-Saharan Africa. Mauritius is located between Asia and Africa, and the success of its economy is largely a result of its political and socio-economic stability, coupled with good governance and a wide range of incentives to boost investment.

Democratic Republic of the Congo: Adoption of National Economic and Social Council Law

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Adoption of the law on the organization of the National Economic and Social Council.

Democratic Republic of the Congo – OHADA: Delay in Uniform Act to Regulate Company Accounting Systems

  March 10, 2014     By Emery Mukendi Wafwana & Associes
DRC: Delay in the application of the Uniform Act organizing and harmonizing company accounting systems.

Democratic Republic of the Congo: Impact of the “Doing Business” Report on Tax and Duties Payments

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Progress towards tax and duties payment in the Democratic Republic of the Congo in connection with the “Doing Business Report”.

Accession of Democratic Republic of Congo to OHADA: Impact on State-Owned Companies

  March 10, 2014     By Emery Mukendi Wafwana & Associes
Protection of state-owned companies subsequent to the accession of the Democratic Republic of Congo to OHADA.

Termination Of A Compliance Manager in Regards to Monitoring Measures

  March 10, 2014     By GRP Rainer LLP
Circumstances may lead to the termination of a compliance manager when it comes to monitoring measures taken with regard to an employee.

Polish Limited Liability Company

  March 9, 2014     By Dudkowiak & Kopec Law Firm
Polish LLC is the most common form of doing business in Poland by foreigners. Limited Liablity Company may be established for any purpose allowed by law. EU nationals can establish and run a company free of any restrictions. Non EU nationals can also freely establish and run Polish company, however in some matter they are up to restrictions provided by law.

DRC: Non-Transferability of Telecom Licenses Challenged by OHADA

  March 7, 2014     By Emery Mukendi Wafwana & Associes
The principle of non-transferability of telecommunications licenses challenged by the OHADA Law as a result of the accession of the Democratic Republic of the Congo to OHADA.

Polish Bill of Exchange Law

  March 6, 2014     By Dudkowiak & Kopec Law Firm
As a loan document the bill of exchange appeared somewhere in Italy at the turn of the twelfth and thirteenth century in the transactions of merchants and bankers. At that particular time Northern Italy was divided into a number of small sovereign states. Each of them was beating its own coins. This forced the buyer to permanent currency exchange in case they wanted to go shopping to the neighbors. At some moment to simplify the transaction they started to use the services of bankers.

Liability of Management Board Members in Polish Limited Liability Company

  March 6, 2014     By Dudkowiak & Kopec Law Firm
As a principle, members of the management board shall not incur liability for the debts of LLC. However, the principle in question is not absolute - due to exceptions provided for in articles 291 and 299 of the CCC (Polish Commercial Companies Code of September 15th, 2000).

Due Diligence Analysis Is Important To Reduce Potential Risks When Buying A Company – Corporate Law

  March 6, 2014     By GRP Rainer LLP
A Due Diligence analysis when buying a company means to investigate the company in an economic, legal and technical sense prior to signing the purchasing agreement.

Comparative Legal Analysis on the Legislations regarding Corruption and Bribery in Turkey

  March 5, 2014     By Serap Zuvin Law Offices
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.

Liability of Managing Director Due to Erroneous Information in Share Deal – M&A

  March 5, 2014     By GRP Rainer LLP
If false information is provided or erroneous guaranties given in the context of a share deal, liability on the part of the managing director(s) is possible.

The Contracts (Rights of Third Parties) Bill, 2014 proposes changes to Cayman contract law

  March 4, 2014     By Loeb Smith & Brady
The Cayman Islands Government has published a new bill that will modify contract law in the Cayman Islands when it is passed into law by mid-March 2014.

Manufacturers Should Be Considerate Of The Distributor’s Interests – Distribution Law

  March 4, 2014     By GRP Rainer LLP
A manufacturer should reasonably accommodate the needs of the distributor worthy of protection and not contravene its interests without justifiable cause.

Polish Antitrust Regulations in M&A transactions.

  March 1, 2014     By Dudkowiak & Kopec Law Firm
Every merger or acquisition, having even an small and indirect impact on Polish Market shall be considered in the view of Polish antitrust regulations, otherwise the transaction might be void and null for the perspective of Polish Law. Even a small subsidiary company in Poland might cause problems to huge international M&As.

Heirs Don’t Need A Certificate Of Inheritance To Correct The Land Register – Law Of Succession

  February 28, 2014     By GRP Rainer LLP
Where there is a public testamentary deed, the land registry office can correct the land register even in the absence of a certificate of inheritance.

Registration of a Private Security Company in South Africa

  February 27, 2014     By Emery Mukendi Wafwana & Associes
Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation.

Suspicion Of Personal Enrichment Can Justify An Extraordinary Dismissal – Employment Law

  February 27, 2014     By GRP Rainer LLP
The Hamburg Labour Court recently ruled that the strong suspicion of credit memos belonging to a business being used for private purposes can justify an extraordinary dismissal.

Vesting of Contingent Compensation in Pay or Played Television Director Agreement

  February 27, 2014     By IP Law Click, PC
One of the issues in negotiating director agreements in television is whether contingent compensation provision applies in situations where a director is pay or played off a film. The question becomes will the director be entitled to any portion of the negotiated contingent compensation since she has been terminated and is no longer with the project.

Non-Commercial Partnership: Proof of Representation by Means of a Company Stamp – Germany

  February 26, 2014     By GRP Rainer LLP
The authority of a partner of a non-commercial partnership (Gesellschaft bürgerlichen Rechts (GbR)) to carry out legal transactions can be demonstrated by means of a company stamp.

HK New Companies Ordinance : Changes to Directors’ Duties

  February 25, 2014     By Angela Wang & Co.
The entirely new Companies Ordinance (Cap 622) (“New CO”) will come into force on 3 March 2014. We highlight the New CO’s major changes relating to registration of charges and private limited companies.

Whistleblower False Claims Case Settles for $6.5 Million

  February 24, 2014     By The Evans Law Firm
A $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.

Various Means of Reducing Legal Counsel Fees in M&A Projects

  February 21, 2014     By Egorov, Mazavina, Petrov and Partners
Legal counsel fees are usually one of the most wishful targets for reduction by industrial clients. However, not all the clients know how effectively reduce legal fees without loosing appropriate level of comfort and quality of legal services. This article sets out available means of reduction legal counsel fees.

Surf’s Up: New Consumer Directive Makes some Waves - Malta

  February 19, 2014     By CSB Advocates
In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.

Limitation of Business Freedom in Poland

  February 19, 2014     By Dudkowiak & Kopec Law Firm
Economic freedom in Poland is guaranteed by article 20 of Polish Constitution. However, it does not mean that the Parliament cannot specify terms and conditions in which economic activity may be undertaken and subsequently carried out. In some spheres, due to important public interest, the Parliament retained the right of permitting economic activity to the discretion of economic administrative bodies.

New Amendment of Company Law of PRC Simplifies the Establishment of A Company in China

  February 17, 2014     By UB & Co. Attorneys and Counselors
On December 28, 2013, the Standing Committee of National People's Congress made a decision to amend the Company Law of PRC and the new amendment (the “Amendment”) will take effect on March 1, 2014.

Adjustment of Administrative Approval in China (Shanghai) Free Trade Trial Zone

  February 17, 2014     By UB & Co. Attorneys and Counselors
On August 30, 2013, the Standing Committee of the National People's Congress (“Standing Committee”) issued a decision in which the State Council is authorized to temporarily adjust certain rules on administrative approval in relevant laws within China (Shanghai) Free Trade Trial Zone (hereinafter the “Decision”), which will enter into effect on October 1, 2013.

Licensing for Software as a Service (SaaS) in the UAE

  February 15, 2014     By Prudential Middle East
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust

slamic Finance: Theory and Practice

  February 15, 2014     By Prudential Middle East
The Islamic financial system refers to financial market transactions, processes and services that conform to Islamic laws and codes of practices.

Registration of a Private Security Company in South Africa

  February 14, 2014     By Emery Mukendi Wafwana & Associes
Currently, the private security industry in South Africa is bigger than what it has ever been. The role of private security companies is distinctively different to that of the police, they view their role as private security to really aid and support the police. The South African government claims that it is an industry that threatens national security and is determined to tighten its regulation.

Hydro Power Harnesses the Power Potential of the Congo River - Inga Falls

  February 14, 2014     By Emery Mukendi Wafwana & Associes
Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga Power Project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway.

How to Establish a Company in Turkey: Foreign Direct Investment Perspective

  February 14, 2014     By Herdem Attorneys at Law
Establishment of a company is one of the first steps of penetration into a foreign market. The frequently asked questions by foreign investors is how to establish a company and which company type would be most recommended for the investors.

Telecommunications and Electronic Communications in Albania

  February 7, 2014     By LPA Law Firm Albania
The electronic communications sector in Albania is governed by the Electronic Communications Law, 2008, as amended and supplemented by implementing regulations.

7 Corporate and Legal Risks to Protect Your Company From

  February 7, 2014     By Chemaly & Company
So far you have been aggressive on your Company's business development and marketing.

The Importance of Writing Good Legal Content

  February 6, 2014     By Law Offices of Kevin Cortright
What is Good Legal Content? Good Legal Content is content that serves two purposes, one it gains the attention of the reader, hopefully one who is a potential client. The content gives them enough information and intrigues them enough to make them want to contact your office for more information, or better yet a consultation.

White Collar Crime in Malaysia

  February 6, 2014     By Brijnandan Singh Bhar & Co
A Malaysian perspective on White-Collar Crime. A daunting task it has failed to curb, yet.

New Corporate Governance Standards for Regulated Mutual Funds in the Cayman Islands

  February 4, 2014     By Loeb Smith & Brady
In response to feedback from its consultation with stakeholders in the Cayman Islands financial services industry (including feedback on a draft Statement of Guidance on Corporate Governance for Regulated Mutual Funds), the Cayman Islands Monetary Authority (“CIMA”) has formally issued, on 13 January 2014, a final Statement of Guidance on Corporate Governance for Regulated Mutual Funds (the “Statement of Guidance”).

Turkish Retail Sector Still Awaiting for a New Legislation

  February 3, 2014     By Herdem Attorneys at Law
Astonishing growth of the Turkish economy, which had managed to reach an average growth rate slightly more than 5%, during the last ten years have created a dynamic retail sector especially by increasing the disposable income which stands at USD$ 7700 per capita.

9th Circuit Court of Appeals to Decide a Major Occupational Licensing Case

  January 31, 2014     By Kassouni Law
Appeals lawyers assess Underwood v. Mackay - whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court.

Warrior Tour: Contracting around unforeseen events

  January 28, 2014     By Brijnandan Singh Bhar & Co
Contracting in sensitive Muslim countries where western culture may not be well perceived may create legal obligations and precedents which must be strictly adhered to to prevent contractual breaches. A Malaysian perspective.

Shanghai Pilot Free Trade Zone - New Investment Opportunities in China

  January 27, 2014     By Angela Wang & Co.
In the last few months, the establishment of the China (Shanghai) Pilot Free Trade Zone (“PFTZ”) has been widely published. More than 1,500 companies’ names have been pre-registered in the zone, within one month of its official establishment date, 29 September 2013. Depending on the practical implementing rules to be issued, the PFTZ may have great impact on the way foreign investments will be made in China.

Health Care Industry the Target in Whistleblower Lawsuits

  January 27, 2014     By The Evans Law Firm
The United States Department of Justice has provided the public with some information regarding recent whistleblower cases. In one of the cases there have been allegations made against Health Management Associates.

Managing changes in Material Interest in Maltese Listed Companies: A Survivor’s Guide

  January 27, 2014     By CSB Advocates
The Regulatory Landscape: Whilst the Maltese Companies Act (Chapter 386, Laws of Malta) (the “Act”) provides the general legal framework for the creation and operation of public companies, listed companies are also subject to the Listing Rules (the “Listing Rules”) issued by the Listing Authority in virtue of powers granted by Articles 11 and 13 of the Financial Markets Act (Cap.345 of the Laws of Malta).

Liquidation Process in Albania

  January 25, 2014     By LPA Law Firm Albania
The procedure for the liquidation of an Albanian Company is described and specified in Albanian commerce law. The law provides the standard procedure for the liquidation of an Albanian Company.

Stealing Employees in California

  January 21, 2014     By Matt Dickstein, Business Attorney
California law protects the right of employees to change employment, and of competitors to hire one another’s employees. Hence a former employee or a competitor may hire your employees. What they can’t do, however, is steal your employees. This article explains the difference.

Dividing the Family Business in a Texas Divorce

  January 21, 2014     By Kalish Law Texas
Divorce is never easy, and when a divorcing couple owns a business it can be particularly difficult. The financial aspects can feel overwhelming, especially if one spouse will have to find a different source of income. The spouse who leaves the business may feel a double sense of loss because his/her work AND home life is about to change drastically.

How to set up a single-shareholder company in Turkey?

  January 21, 2014     By Herdem Attorneys at Law
The new Turkish Commercial Code has provided new rules regarding the corporate structure of limited liability and joint stock companies. Pursuant to the repealed Commercial Code, the establishment of a company was not possible with one shareholder.

$48 Million Settlement in Medicare Fraud Case

  January 20, 2014     By The Evans Law Firm
A California based nursing home operator has agreed to pay $48 million dollars in a settlement related to two whistleblower lawsuits.

Supremacy of Shareholders & Their Democracy in Line with New Act, 2013

  January 20, 2014     By Global Jurix
Shareholders are always being as an integral part of the company where they have played a vital role in accelerating the brand of the company in the corporate world. It is not only interesting and but also thrusting the mind how best New Corporate Act 2013 will get match with Shareholders in respect of their roles and responsibilities towards the company.

The Start of Business in Ukraine

  January 20, 2014     By Kydalov & Partners
Every country seeks to develop and support the business in its territory, because of their economic status, as it is the basis of the state's economy. Ukraine is not an exception, so the development and support of the business became an important issue for the government. To start business in Ukraine is not so difficult in spite of that fact that the support of the business here is not as good as in other economically developed countries.

Record Number of Mergers and Acquisitions in Turkey

  January 15, 2014     By Herdem Attorneys at Law
The growing economic clout of Turkey has lately been visible on various different fronts. Its high level of GDP growth, low levels of inflation, increasing export capacity and low ratio of public debt are all manifestations of Turkey's economic strength.

Sheen’s Case Against Warner Brothers/CBS and Lorre

  January 13, 2014     By IP Law Click, PC
Although it has been a few years since Charlie Sheen decided to sue CBS for canceling his contract. It is important to revisit the issues for understanding Moral Clause, Pay or Play or Force Majeure clause and how they come into play during that matter.

Shopping Malls in Turkey and Retail Legislation

  January 10, 2014     By Herdem Attorneys at Law
Calling the shopping malls as a shining star would not be exaggerated and when we see the rise of the sector despite the financial worries and economic fluctuation in Turkey especially after December 17 which is the starting time of the bribery and corruption operation.

New Regulations for Squeeze-Out Rights in Corporate Governance

  January 10, 2014     By Herdem Attorneys at Law
Rights to squeeze out and rights to sell-out are subject to different legislations regarding the types of the company as in non-public company or publicly held company in Turkey.

Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes

  January 9, 2014     By García Menéndez Abogados
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).

HK New Companies Law : Key Changes relating to Private Companies

  January 7, 2014     By Angela Wang & Co.
With a view to enhance corporate governance, facilitate business operations and modernise the legal infrastructure for incorporation and operations of companies in Hong Kong, a complex new Companies Ordinance (CO) was enacted and 12 pieces of subsidiary legislations on technical and procedural matters were introduced.

What is a Work for Hire Agreement?

  January 5, 2014     By IP Law Click, PC
If you are commissioning someone to work on a project for you, are not a traditional employer, and yet want to retain all rights to the work created, it becomes important to understand "work for hire" agreements.

How to Reach Ground Handling Service Market in Turkey?

  January 3, 2014     By Herdem Attorneys at Law
Under the terms of Turkish Civil Aviation Law, the types of airport ground handling services in Turkey are grouped as follows.

Minority Actions in Turkish Corporate Governance

  January 3, 2014     By Herdem Attorneys at Law
Starting with the Cadbury Report, corporate governance has changed its structure over the years in several jurisdictions so as to find the right balance between minority and majority shareholders.

Agents of Foreign Companies in Turkey

  January 2, 2014     By Herdem Attorneys at Law
Since the last decade due to the increase in FDI which is positively affected by GDP growth, Turkey has attracted many investors from all around the world.

Should you Incorporate your Dental Practice?

  December 27, 2013     By Matt Dickstein, Business Attorney
What are the costs and benefits of forming a dental corporation? It’s a tough question. The answer depends on a balancing of different factors. Most of us suffer information overload not long after starting this analysis. All of the factors start swimming around in our minds and we don’t know what to think.

Obligation to Maintain Company Websites under the New Turkish Commercial Code

  December 27, 2013     By ADMD Law Office
The (New) Turkish Commercial Code No. 6102 dated July 1, 2012 ('the Law') implemented a number of provisions and brought additional obligations for capital companies. One of such obligations set forth by the Law is the obligation to have a dedicated website. According to Article 1524 of the Law, all capital companies subject to auditing are also required to open a dedicated Internet website and publish certain information.

Commercial Companies in Albania - Albania Company Formation (How to Form an LLC in Albania)

  December 25, 2013     By LPA Law Firm Albania
In order to perform a business activity in Albania, a foreign investor may choose to (i) set up a locally incorporated company (sole proprietorship, general partnership, limited partnership, limited liability company, joint stock company and joint venture) or (ii) establish a branch or representative office.

Logistics Contract in Commercial and Transport Law – Germany

  December 20, 2013     By GRP Rainer LLP
The logistics contract is a so-called mixed-type agreement found in commercial and transport law.