Business and Industry Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.
May 21, 2015 By GRP Rainer LLP
It is clear following the spectacular ruling against a former top manager that case law is becoming tougher and compliance increasingly important for businesses and corporations.
May 18, 2015 By GRP Rainer LLP
The German market is of interest to many foreign investors. However, there are a lot of legal and tax aspects that need to be considered when entering the German market.
May 16, 2015 By Thai International Law Firm Co., Ltd.
The Republic Union of Myanmar laws and regulations are different in many aspects.
May 15, 2015 By AMS Advocaten
The right to place items on the agenda can be a powerful tool. In this way shareholders can apply pressure to the board, or, as the case may be, the company. Recently, a dispute about adding an item to the agenda of a meeting at Fugro by Boskalis was submitted to the court in preliminary relief proceedings.
May 14, 2015 By HG.org
Two individuals or entities may reach an agreement regarding any course of business and put this agreement in the form of a contract. If one of the parties does not uphold his end of the bargain, the non-breaching party may pursue legal remedies for this breach. In order to prevail with such a lawsuit, the moving party must establish certain legal elements.
May 13, 2015 By GRP Rainer LLP
The executive board of a stock corporation (Aktiengesellschaft (AG)) or the management of a German limited liability company (GmbH) bears responsibility and is liable for a functioning compliance system. This stems from a ruling of the Munich Regional Court.
May 12, 2015 By Matt Dickstein, Business Attorney
Here is the flow of issues when a shareholder is removed from a business: Termination of employment → Buy-back of shares → Non-competition → Claims for unfair oppression. Let’s start at the beginning, which is the end of employment.
May 12, 2015 By HG.org
The American economy has changed quite a bit over the last few decades. One of the biggest changes over the last 100 years has been a shift away from small, family owned stores to the “big box” megastore.
May 12, 2015 By Anastasios Antoniou LLC
The Cypriot regime governing the control of concentrations is often surprising for foreign businesses and their counsel, due to the relatively low thresholds. Considering however that entirely foreign-to-foreign mergers and acquisitions, as well as joint ventures, can be caught under the Cypriot merger control regime, we have authored this note as guidance to all parties involved in a transaction that meets the jurisdictional thresholds that trigger a Cyprus filing.
May 12, 2015 By GRP Rainer LLP
The ECB wants to purchase government bonds on a large scale. One consequence of this could be another collapse in the euro exchange rate. This might lead to problems for financial investments with foreign currency loans.
May 11, 2015 By Summerfield Browne Solicitors
If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates the rights and obligations of shareholders.
May 7, 2015 By GRP Rainer LLP
Two large credit institutions are fighting over the use of a particular colour because colours have a significant and memorable effect on consumers.
May 6, 2015 By GRP Rainer LLP
A well-known fast food chain has terminated the contract with one of its franchisees in Germany, but the latter is fighting back. There are several pitfalls that one needs to be mindful of regarding franchise agreements.
May 5, 2015 By GRP Rainer LLP
The German Federal Constitutional Court’s (Bundesverfassungsgericht) ruling on inheritance tax is unsettling many businesses. Tax privileges for company heirs shall be limited going forward.
May 4, 2015 By GRP Rainer LLP
The statutory minimum wage of 8.50 euros per hour applies in Germany as of this year. One in every eight businesses, or twelve per cent, throughout Germany are affected by the minimum wage.
April 30, 2015 By HG.org
Congratulations on planning to start your own business. But, as many a budding entrepreneur has discovered, it is not as easy as picking a name and opening a shop. To actually establish a business, you need to make a few choices and go through a series of filings. So, how do you setup a corporation?
April 30, 2015 By HG.org
Attorneys hear this question quite frequently: what makes a contract valid? In truth, many components come together to make a valid contract, but some are essential while others are merely useful or even extraneous. So, here are the components of a valid contract:
Establishment of Joint Stock Companies and Limited Liability Companies in the New Turkish Commercial Code
April 30, 2015 By Cengiz & Opak Law Office
The new Turkish Commercial Code (“NTCC”) No. 6102 entered into force on July 01, 2012. In parallel with the harmonization process of Turkish Law with acquis communautaire, the NTCC has significantly changed the system and replaced the outdated provisions of the former Turkish Commercial Code (“TCC”) with practical ones. As one of the aims of the NTCC is to boost investment, advanced provisions regarding the establishment of the companies have been introduced.
April 30, 2015 By Thai International Law Firm Co., Ltd.
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
April 30, 2015 By GRP Rainer LLP
Following the German Constitutional Court’s (Bundesverfassungsgericht) ruling at the end of 2014 that inheritance tax must be partially reformed, company heirs may be faced with large cuts.
April 27, 2015 By Mariscal Abogados
The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.
April 27, 2015 By GRP Rainer LLP
The number of voluntary declarations in cases of tax evasion is increasing and with it the number of suspended proceedings. More than 18,000 proceedings were suspended in 2013 according to media reports.
April 24, 2015 By Stelios Americanos & Co LLC
In light of increased recent interest in incorporating corporations in Hong Kong and in Singapore, we have summarized briefly hereunder the procedures and the advantages of such corporations, as follows:
April 24, 2015 By GRP Rainer LLP
Although there are no formal requirements for a voluntary declaration in cases of tax evasion, mistakes can result in the ineffectiveness of the voluntary declaration and the threat of a conviction.
April 23, 2015 By GRP Rainer LLP
Voluntary disclosure in cases of tax evasion remains a possibility in 2015, but tax evaders will be asked by the exchequer to pay a heavy price.
April 22, 2015 By GRP Rainer LLP
The number of voluntary declarations in cases of tax evasion continues to increase. More than 25,000 voluntary declarations have since been submitted in Baden-Württemberg according to media reports.
Over the past couple of years, the process of crowdfunding has become hugely popular as a means to start businesses, launch new products, or support any number of causes. In this post, we’ll cover what crowdfunding is and how it gained popularity as well as the different types of crowdfunding so that you can either utilize the different platforms available to fund your own project, or to make wiser investments.
Business expenses are the associated costs of carrying on a business. Such expenses are typically deductible if a business is operated to make a profit.
If your Florida-based business has operations in more than one state, you should be aware of the operating requirements for each state in which you do business — a process known as “qualifying to do business.” Whether or not your company must qualify to do business in another state depends on whether it engages in intrastate commerce or interstate commerce.
April 21, 2015 By Hendricks Law Firm PLLC
Reasons to consider non-compete and non-solicitation agreements.
April 21, 2015 By Hendricks Law Firm PLLC
How to handle a New York liquor license when not operating.
Sole proprietorship are the most popular form of business structure in the United States, with more than 70% of businesses owned and operated by sole proprietors.
April 21, 2015 By GRP Rainer LLP
Even Luxembourg is now taking the fight against tax evasion seriously. Income from interest will soon be reported to the German exchequer. Those affected ought to consider a voluntary declaration.
April 20, 2015 By Sanchez & Barriga Abogados
Foreign companies wishing to open a branch in Ecuador, should be incorporated in their country of origin as a trading company, may be of limited liability or a Inc and consider the following issues.
April 20, 2015 By Mariscal Abogados
The new law for the investments in venture capital funds in Spain represents a further step for Spain out of the crisis and ant opportunity for investors.
April 20, 2015 By GRP Rainer LLP
The planned law to tighten the rules for voluntary disclosure in cases of tax evasion is expected to be adopted before Christmas. Voluntary disclosure will then be more expensive and difficult from 2015.
April 17, 2015 By GRP Rainer LLP
The German Bundestag is currently discussing the draft legislation concerning the planned tightening of the rules for voluntary disclosure in cases of tax evasion. The law is likely be passed before Christmas.
April 16, 2015 By GRP Rainer LLP
Voluntary disclosure can pave the way back to legality in cases of tax evasion. However, this will only succeed if the voluntary declaration really is error-free.
April 10, 2015 By Angela Wang & Co.
On 19 December 2014, the Stock Exchange of Hong Kong published amendments to the Corporate Governance Code and Corporate Governance Report contained in Appendix 14 of the Main Board Listing Rules (“the Code”) to include specific provisions relating to risk management and internal controls into the Code.
April 9, 2015 By Yingke Law Firm
Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are still out there. But there are two things to keep in mind.
April 8, 2015 By Yingke Law Firm
For any start-up, there are multiple legal issues involved in building your business but risk management and prevention issues can be arranged into four major risk areas.
April 8, 2015 By HG.org
If you have ever looked at a warning label on food or medicine, you may have noticed something that said “FDA Warning,” or “The FDA requires.” But what is the FDA, what does it do, and how does it enforce its rules?
April 8, 2015 By Kalita, Markovich and Partners
Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.
April 7, 2015 By Jurado & Farshchian, P.L.
If you are starting a Florida business, you are certainly not alone. The last economic recession made entrepreneurs of many Florida residents.
April 7, 2015 By Jurado & Farshchian, P.L.
If the success of your small business rests with your intellectual property, then you should be very interested in how you can protect it. Filing for a patent can be costly and time-consuming; you may not be able to wait that long, especially if you need to share your idea with others for it to come to fruition.
April 3, 2015 By Jurado & Farshchian, P.L.
Breach of contract claims — when one party sues another for failing to deliver on the terms of a written or oral agreement — are one of the most common business disputes in Florida courts today. Consequently, it is useful for Florida business owners to be aware of some of the common defenses for a breach of contract claim:
April 2, 2015 By HG.org
It is easy for small businesses to gloss over hiring a lawyer because other matters, such as marketing, operations and advertising seem more pressing. Many legal issues may not be of immediate concern to small business owners who easily justify holding off on paying for these services. However, there are many ways that lawyers can help small businesses.
April 2, 2015 By McKee & Magee PLLC
It is possible for any industry to avoid litigation. Here are ten ways that insurance agents can try to avoid litigation. However many of these would apply to any industry.
April 2, 2015 By Erdal Law Firm
Every country has its own legislation regarding acquisition of real estate by foreign individuals within the scope of its own political, economical and social requirements. Acquisition of real property by foreign real persons in Turkey is restricted by laws as well. The main purpose of this brief article is to explore the legal restrictions of purchasing real estate in Turkey by foreign individuals.
Commercial Criminal Law: Commercial Criminal Proceedings Can be Expensive and Damaging to One’s Reputation
April 2, 2015 By GRP Rainer LLP
Involvement in commercial criminal proceedings can threaten the existence of a company. This is not merely a matter of money but also the company’s reputation.
April 1, 2015 By Jurado & Farshchian, P.L.
Whether you are already a small business owner, or a soon to be business owner struck by the entrepreneurial spirit , there are certain legal aspects to starting your own business that you just cannot ignore.
In order to complete a share transfer in a Joint Stock Company registered in Turkey, the endorsement and transfer of share certificates (in the bearer form) are required. If the company has not issued any share certificates, the transfer of the shares shall be completed within the share ledger of the company.
In Turkey, where shareholders directly or indirectly own and hold at least 90 % of capital shares and voting rights in a capital company, the controlling shareholders may apply to the court for the squeeze out of the minority shareholder(s), if the minority shareholder(s) prevents the company from running its business, do not act in good faith, create perceptible disruption or act in a reckless manner.
In Turkey, the liability of Joint Stock and Limited Liability Companies’ shareholders is only against the company and limited with their capital contribution. However, the shareholders of Limited Liability Companies are, unlike Joint Stock Companies, jointly and severally liable against public receivables (fiscal receivables) such as taxes, duties, levies and charges if the company is unable to make the required payments.
In addition to the establishing a company or a branch office, foreign investors can also establish liaison offices in Turkey. Liaison offices can only be involved with non-commercial activities. In other words, liaison offices cannot issue invoice or proforma invoices.
Foreign companies may also operate through branches in Turkey. For establishing a branch, a permit from the Undersecretariat of Treasury Foreign Investment Department (FID) must be obtained before the registration to the Commercial Registry Office.
Buying a company or part ownership in Turkey, At Bereket & Baltaci, we provide assistance and guidance with foreign corporations and investors in acquisition of a Turkish company or part ownership thereof in Turkey.
Information about starting and registering a business, including types and establishment process and liabilities of shareholders and regulations of a company, establishment process and customary time period as well as list of necessary documents for a company establishment in Turkey.
April 1, 2015 By GRP Rainer LLP
Voluntary disclosure in cases of tax evasion is a complex issue. Even minor errors can result in an ineffective voluntary declaration, and then there is the threat of a conviction for tax evasion.
March 31, 2015 By HG.org
Small business lawyers play a vital role in the formation and retention of a business. They are also a source of trust and expertise for small businesses that must rely on their work and advice. Here are several questions to ask a small business lawyer before deciding to hire him or her.
March 31, 2015 By GRP Rainer LLP
In light of the advancing globalisation of trade and commerce, distribution law is becoming increasingly complex because national and international standards and laws have to be observed.
March 30, 2015 By Jurado & Farshchian, P.L.
What is a Transfer of Ownership? As they say, all good things must come to an end. Maybe you’d like to retire, or maybe it’s time to pass the family business to the next generation. For one reason or another, many business owners will face a time when they need to transfer their ownership rights to another person or entity.
March 30, 2015 By GRP Rainer LLP
According to a survey by the “Welt am Sonntag”, the authorities have already received more than 35,000 voluntary declarations for tax evasion in this year.
March 27, 2015 By ADMD Law Office
This brief information note aims to provide information regarding capital company formations in Turkey and in Romania in a comparative manner.
March 27, 2015 By GRP Rainer LLP
General contract law is characterised by the principle of contractual freedom. This private autonomy applies as long as it does not infringe laws or is contra bonos mores.
March 27, 2015 By Leks&Co
Right and obligation of property brokerage company is stipulated under the Minister of Trade Regulation Number 33/M-DAG/PER/8/2008 on Property Brokerage Company (“Permendag No. 33/M-DAG/PER/ 8/2008“). Property brokerage company is the entity that operates as a sale and purchase broker, lease broker, research and assessment, marketing, as well as consultancy and information dissemination relating to a property based on employer’s or client’s instruction under a written agreement (“Company”).
March 26, 2015 By Jurado & Farshchian, P.L.
Breaking Employment law? You may be a great employer, but you may be breaking employment law without even knowing you’re doing it. It’s pretty easy, as a business owner and an employer, to accidentally break the law. Here are five ways it can happen.
March 26, 2015 By HG.org
Ever bought something only to discover it did not work? Usually a larger retailer will take the item back, but some smaller companies are not always so willing to do so. When this happens, what can you, as the consumer, do about it?
March 26, 2015 By ERP Lawyers & Associates
To receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.
March 26, 2015 By McKee & Magee PLLC
How to fund your business.
March 26, 2015 By GRP Rainer LLP
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.
March 25, 2015 By Jurado & Farshchian, P.L.
It’s easy to feel lost when first reading the language used in business contracts; all those details swirling around are important, but often difficult to follow. Placing legal terms in context, and gaining an understanding of provisions, are great ways to start feeling comfortable with this common contract that’s the backbone of every transaction.
March 25, 2015 By GRP Rainer LLP
Any entrepreneur participating in economic life finds himself facing an abundance of laws, standards and regulations arising from various fields of law – national and international.
March 24, 2015 By Kydalov & Partners
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
March 24, 2015 By Dandashli & Associates
Perhaps fuel could be the quickest product to come in to mind when thinking about petroleum, but the list of petroleum products is long and includes numerous materials such as propane, liquid fuels blending such as kerosene, benzene, etc…lubricants, sulfar, asphalt and many more….Petroleum contracts through the history were designed with crude oil in mind, and this ethos still dominate the structure of the contracts up to this date.
March 24, 2015 By GRP Rainer LLP
Banking secrecy might soon be a thing of the past and tax evaders will come under more and more pressure. 51 states have signed a tax treaty in Berlin concerning the automatic exchange of information.
March 23, 2015 By Jurado & Farshchian, P.L.
Strong business contracts are essential to protect yourself and your business. Below are four key steps to creating effective business contracts.
March 23, 2015 By GRP Rainer LLP
Every citizen comes into contact with sales tax, also referred to as turnover tax, on an almost daily basis, as it is payable on every purchase and service.
March 20, 2015 By GRP Rainer LLP
Tax evaders who wish to pre-empt a conviction for tax evasion with a voluntary declaration ought to hurry. Stricter rules for voluntary disclosure shall apply from 2015.
March 19, 2015 By GRP Rainer LLP
Switzerland has perhaps had its day as a tax haven. According to media reports, Swiss investigators are supporting German tax investigators in searching several banks.
March 18, 2015 By GRP Rainer LLP
Switzerland is serious about the fight against illicit earnings and tax evasion. It wants to participate in the automatic exchange of information between EU states.
March 18, 2015 By Kydalov & Partners
Opening of the representative office of the foreign company in Ukraine can be a complicated process where numerous ins and outs must be taken into account. It may be full of unnecessary delays and worries for citizen of other countries, since they are not familiar with the requirements of the Ukrainian legislation. In addition, language barrier is also a subject for consideration.
March 18, 2015 By Kydalov & Partners
According to the widely common international practices, originals of the most important documents should be executed in more than one language which are native for each of the participants of the agreement. In such a manner, all the parties of the international agreement should clearly understand and accept the essence and conditions of document to follow with the stamps and signatures at the moment of signing the document.
March 17, 2015 By Erdal Law Firm
Foreigners interested to put footprint in Turkey have various options, such as formation of a capital company in Turkey (mostly used joint stock companies and limited liability companies) or incorporation of its' Branch offices and Liaison Offices in Turkey.
March 17, 2015 By GRP Rainer LLP
Companies and entrepreneurs are responsible for ensuring that no legal violations arise from within the company. That is why compliance is an important issue.
March 16, 2015 By Emery Mukendi Wafwana & Associates
The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant to a specific activity or sector, as well as on the needs and goals of the investor.
March 16, 2015 By Herdem Attorneys at Law
Following the privatization of energy market in Turkey, in last 10 years, many big investors have lined up to obtain energy generation, distribution, wholesale and retail-sale licenses in order to make investments in energy sector due to its high profit potential.
March 16, 2015 By GRP Rainer LLP
Things are becoming increasingly more difficult for tax evaders within the EU. The EU finance ministers have now agreed to a comprehensive exchange of information among the national tax authorities.
March 15, 2015 By STA Law Firm
Agreeing with your spouse to reimburse him or after a shopping trip? A contract. Buying a plane ticket? A contract. Signing an offer letter from an employer who has offered you a job? A contract. A multi-page complex document laying out terms and conditions of a high value corporate deal? A contract.
March 13, 2015 By Matt Dickstein, Business Attorney
The key provisions of a Management Agreement for an ambulatory surgery center. Most surgery centers have a manager. Sometimes the manager is an outside management service organization (MSO) that specializes in surgery centers, and sometimes the manager is an insider entity owned by the founder / physicians of the surgery center.
March 13, 2015 By Matt Dickstein, Business Attorney
Explaining the legal issues for health care franchises. Medical, dental, and veterinary franchises exist in the marketplace, witness Doctors Express, Comfort Dental, and Banfield Pet Hospital. Let’s see if they’re legal.
March 13, 2015 By GRP Rainer LLP
Corporate succession has to be arranged in many companies before long. If the firm is bequeathed then it should be anticipated that tax privileges are set to be withdrawn in the foreseeable future.
March 12, 2015 By HG.org
Every year, people flock to different locations for a change of scenery. Whether contracting with a vacation home agency, organization, national chain or individual homeowner, there may be a variety of remedies available if the home is not available upon arrival. However, the first step is usually to try to work it out before seeking legal remedies.
March 12, 2015 By Hazim AL-Madani Law Firm
To achieve the aspirations and hopes of our wise leadership, and to materialize their goals by execute huge projects supporting development plans wheel that serve both citizens and residents on equal basis. Solutions should founded and obstacles should be overcomes to meet this request through attracting world experiences.
March 12, 2015 By GRP Rainer LLP
Tax evaders who now act swiftly and submit a voluntary declaration can save a lot of money because penalty surcharges in the context of voluntary disclosure will substantially increase from 2015.
March 10, 2015 By AMS Advocaten
The district court in Amsterdam had recently ruled – in preliminary relief proceedings – that invoking the regulation in a shareholders’ agreement that a decision to dismiss a director should be adopted unanimously, was contrary to the principles of reasonableness and fairness that apply to Dutch law in general. According to the court in preliminary relief proceedings such a stipulation was out of line, and not in the interest of the company. Dutch corporate lawyer Martijn Kessler explains.
March 10, 2015 By GRP Rainer LLP
A 72-year-old master hairdresser was sentenced by the Regional Court (Landgericht) of Duisburg to two and a half years in prison for tax evasion. She was said to have evaded approx. 445,000 in taxes.
March 10, 2015 By Hazim AL-Madani Law Firm
Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H, and the stipulations of the 2nd paragraph of the 7th Article of the Regions Law issued in 1412H, and this stipulates that the Prince of each region is to be responsible for execution of the judiciary rules in its final status, and now we conclude that the administrative ruler was the one to execute such judicial rules.
March 9, 2015 By Soteris Flourentzos & Associates LLC
A Cyprus company can be registered within two working days provided the pertinent documentation is submitted to the Registrar of Companies.
March 9, 2015 By GRP Rainer LLP
It is possible to evade taxes even in the absence of intention. In these cases, an amended tax return is preferable to a voluntary declaration.