Business and Industry Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.
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Fraud Claims in Business Transaction Litigation - Canada
September 27, 2013 By Ellyn Law LLP
Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto litigation counsel, provides useful details on this topic.
Imitation Of A Grooves Design Of Cases Potentially Unfair – Intellectual-Property-Law
September 26, 2013 By GRP Rainer LLP
Under certain circumstances, the grooves design of a case can be competitively unique and therefore constitute a performance outcome worthy of protection.
Social Review Sites Fight Back Against Law Firms Posting Fake Reviews
September 25, 2013 By HG.org
Attorney advertising is a fairly new phenomenon in many jurisdictions. Rules of various state bar associations have eased over the last two decades to allow more and more freedom for attorneys wishing to advertise their services just like any other profession. However, the rise of new technology has presented a new twist and new source of liability for attorneys wishing to advertise online.
Intent to Use Trademark Applications
September 23, 2013 By Gerben Law Firm PLLC
One of the pieces of information you’ll need to disclose to the government during your trademark application process is whether or not you’re currently selling your products or services. The following article covers "intent to use" in more detail.
The Basics of American Franchising
September 21, 2013 By HG.org
Perhaps you have seen an advertisement at a restaurant suggesting that you can open your own franchise and make a lot of money. Or, have you seen an advertisement on TV or the Internet talking about franchising opportunities? Or has someone approached you about buying into a multilevel marketing franchise? Whatever the situation, an understanding of what franchising is and its legal ramifications can be important for a successful business.
Immoral But Not Always Illegal: Price Gouging After Natural Disaster
September 20, 2013 By HG.org
The recent floods in Colorado have brought a problem to the forefront: post-disaster price gouging. While 35 states have made this a crime, there are still 15, Colorado included, where this is merely considered capitalism.
Fiduciary Duty Exist between Entrepreneurs and Sales Representatives – Germany
September 18, 2013 By GRP Rainer LLP
Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the relationship between an entrepreneur and a sales representative.
What Do Lawyers Look For When Evaluating Contracts?
September 17, 2013 By HG.org
Corporate attorneys are frequently asked to assess various contracts that their clients bring to them. Generally, clients only want to know whether it is a “good” contract, or if it “covers everything.” But, this is only a small fraction of what an attorney should analyze. So, what do lawyers look for when evaluating contracts?
Hiring Children of Foreign Officials May Expose Bank to Bribery Charges
September 15, 2013 By HG.org
America's largest banking institution is facing charges under the Foreign Corrupt Practices Act for a practice of hiring the children of foreign officials. The case will test how broadly the federal law can be applied to practices as common as hiring an influential person's children in order to gain a small advantage in negotiations.
When Businesses Commit Crimes, How Are They Handled and Who is Held Responsible
September 15, 2013 By HG.org
We are all familiar with the idea of individuals committing crimes and facing the consequences of those actions. But, what happens if a corporation commits a crime? Who is responsible?
Shake App Puts Legally Binding Document Creation in the Palm of Your Hand
September 13, 2013 By HG.org
Have you ever been out of the office or away from home, meet someone, strike up a conversation, and realize you want to do business with that person? Maybe you even had the feeling after leaving that if you could have given them a contract right then and there you would have closed the deal. Well now you can, with a new smartphone and tablet application called Shake.
Protecting Your Intellectual Property
September 13, 2013 By IP Law Click, PC
There are four main areas of intellectual property that any company or individual must protect because it is so easy to do so and can save you a great deal of money and time on litigation.
Evaluation of Majority Voting Rights in a Public Limited Partnership – Germany
September 13, 2013 By GRP Rainer LLP
If the partner of a Public Limited Partnership is granted a majority voting right for a resolution to amend the partnership agreement of the Public Limited Partnership, this may be inadmissible.
Loyalty between Entrepreneur and Sales Representative – Germany
September 10, 2013 By GRP Rainer LLP
Under certain circumstances, the principles of loyalty between an entrepreneur and an official distributor can also be applied to the relationship between an entrepreneur and a sales representative.
Before Establishing a Private Limited Liability and Join Stock Companies in D.R. Congo under OHADA Law
September 9, 2013 By Yav & Associates
This article discusses about the Join stock companies and the Private Limited Liability Companies in Democratic Republic of Congo under OHADA law.
Formation, Incorporation, Management of Companies under OHADA Law of Companies in Democratic Republic of Congo
September 8, 2013 By Yav & Associates
This article discusses the OHADA law of companies in regard to shareholder and shares, articles of association, registered office, duration, contributions, registration process, accounts and auditing requirements, management powers and liabilities, rights of shareholders and partners, transparency and dissemination of financial information. Its takes the case of the Democratic Republic of Congo.
The Evaluation of Multiple Voting Rights in a Public Partnership – Germany
September 6, 2013 By GRP Rainer LLP
If the articles of association of a public limited partnership grant the general partner multiple voting rights in the context of passing resolutions to change the articles of association, this is not necessarily permissible.
Choosing the Right Vehicle: Determining the Right Business Structure for your Joint Venture Need
September 4, 2013 By Yualande Christopher & Associates
Joint venture arrangements are becoming an increasingly popular way for existing commercial actors to collaborate in working on new business enterprises.
Enforcement of a Foreign Judgment in Turkey - Is It Possible to Enforce Chinese Judgments in Turkey?
September 4, 2013 By Cindemir Law Office
This article aims at explaining enforcement of foreign judgments obtained from Courts of China in Turkey. It explains the procedure of implementation of Chinese Decrees/Decisions in Turkey based on judicial and legal cooperation agreement which enables reciprocity between Turkey and China as a core treaty. It also touches arbitral awards enforcement which are given by Chinese Courts.
The Cayman Merger Law Regime
September 2, 2013 By Loeb Smith & Brady
Amendments to the Companies Law (as Revised) of the Cayman Islands (the “Law”) has streamlined the mechanics for implementing mergers involving Cayman Islands companies.
The Types of Business Entities Available in California
August 30, 2013 By Ortega Business Law Firm, APC
Building a business is both an exciting and extremely stressful time and selecting the appropriate legal form for your business can be a difficult choice. In California you have five different types of business entities to choose from and forming the correct business entity at the beginning will save you both time and money.
What’s the Difference Between a Franchise and Seller Assisted Marketing Plans, Business Opportunities...
August 27, 2013 By Matt Dickstein, Business Attorney
In this article I quickly explain the difference between franchises and seller assisted marketing plans, business opportunities, multilevel marketing plans, salespersons, licenses and distributorships.
Buy-in and Buy-out of Accountants to an Accounting Group
August 27, 2013 By Matt Dickstein, Business Attorney
Accountants come and go from larger accounting groups. When an accountant enters a practice as a shareholder or partner, the practice should prepare for the accountant's exit. The exit is inevitable. In this article, I give one simple rule for structuring the accountant’s buy-in to a practice and the later buy-out of the accountant's shares from the practice.
Buy-in and Buy-out of Veterinarians to a Veterinary Group
August 27, 2013 By Matt Dickstein, Business Attorney
Veterinarians come and go from larger veterinary groups. When a veterinarian enters a practice as a shareholder or partner, the practice should prepare for the veterinarian's exit. The exit is inevitable. In this article, I give one simple rule for structuring the veterinarian’s buy-in to a practice and the later buy-out of the veterinarian's shares from the practice.
India's New Companies Bill - How It Impacts Foreigners Doing Business in India
August 26, 2013 By Rajkishore Associates
The Companies Bill, 2013 has been passed by the two houses of Parliament of India and is awaiting the assent of the President, which, when assented to by the President of India, will replace the 57 year old Companies Act, 1956. An attempt is made in this article to focus on how the new Bill impacts small and medium sized foreign companies who seek to do business in India through the means of a limited liability company.
The Logistics Contract in Commercial and Transport Law - Germany
August 23, 2013 By GRP Rainer LLP
The logistics contract is a so-called mixed-type agreement found in commercial and transport law.
The Relevance of Cybersecurity Risk Management - Malta
August 20, 2013 By CSB Advocates
The majority of enterprises nowadays rely on information technology as an essential tool for meeting their business objectives as well as safeguarding their intellectual property, financial information and the Company’s reputation, amongst others. Concurrently, critical digital assets are being targeted and the potential impacting businesses has never been greater.
Distribution and Sale of Used Software Licenses - Germany
August 19, 2013 By GRP Rainer LLP
The rights of software licenses may not simply be transferred with the sale of authenticity certificates.
Understanding the Differences Between Corporations, LLC's, and Partnerships
August 17, 2013 By HG.org
Congratulations on your decision to start a new business. The question you may be asking, though, is what kind of business you should form? What is the difference between a corporation, an LLC, and a partnership? Why form one and not another?
Breach of Contractual Ancillary Obligations in Leasing Law - Germany
August 15, 2013 By GRP Rainer LLP
The lessor is possibly subject to fulfilling the contractual obligation to make best possible use of its a leased asset if a lessee is responsible for the calculated residual value of the leased asset according to the contract of lease.
BGH: No Additional Expenses for Subsequent Performance According to Sales Law - Germany
August 14, 2013 By GRP Rainer LLP
Whenever a contractor or businessman buys a defective item from another contractor, delivery of a defect-free item may be demanded but not reimbursement for additional costs.
Immediate Termination of a GmbH Managing Director - Germany
August 8, 2013 By GRP Rainer LLP
In determining the valid grounds of immediate termination of a Managing Director, the knowledge available to the parties in regards to the reasons for making the termination effective are decisive.
Stark and Anti-Kickback Laws Regarding Physician Employment and Contractor Agreements
August 6, 2013 By Matt Dickstein, Business Attorney
In this article, the author briefly outlines the legal requirements for paying compensation to a physician-employee and to a physician-independent contractor. This article explains how you pay compensation to a physician employee or contractor in compliance with the referral laws for California and the fed (Stark and Anti-Kickback).
Buy-in and Buy-out of Dentists to a Dental Group
August 6, 2013 By Matt Dickstein, Business Attorney
Dentists come and go from dental groups. When a dentist enters a practice as a shareholder or partner, the practice should prepare for the dentist's exit. The exit is inevitable. In this article, I give one simple rule for structuring the dentist’s buy-in to a practice and the later buy-out of the dentist's shares from the practice.
Buy-in and Buy-out of Physicians to a Medical Group
August 6, 2013 By Matt Dickstein, Business Attorney
Physicians come and go from medical groups. When a physician enters a practice as a shareholder or partner, the practice should prepare for the physician's exit. The exit is inevitable. In this article, I give one simple rule for structuring the doctor’s buy-in to a practice and the later buy-out of the doctor's shares from the practice.
Entitlement to Part-Time Work after Parental Leave - Germany
August 6, 2013 By GRP Rainer LLP
The employer of an employee returning after parental leave must provide for a part-time employment option.
Payment Services New Rules for the Benefit of Consumers and Retailers - EU
August 5, 2013 By CSB Advocates
In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European Commission adopted a package on 24th July 2013.
Fictitious Name as a Company for Sole Proprietor - Germany
August 5, 2013 By GRP Rainer LLP
A fictitious name for the company of a sole proprietor should be possibly permitted.
Special Purpose Entity
August 1, 2013 By IP Law Click, PC
How can you protect your assets against creditors as a film maker?
Burden of Proof of Management Board in Case of Damages Claims - Germany
August 1, 2013 By GRP Rainer LLP
The management board of a stock corporation has ample room for manoeuvre with respect to its duty of care. This reduces the liability risk a little.
Application of Laws to Foreign-Related Civil Relations
August 1, 2013 By Angela Wang & Co.
Application of Laws to Foreign-Related Civil Relations
How to Incorporate in Panama
July 31, 2013 By Abogados Lombardi Aguilar Group
Panamanian corporations may be organized by two or more elderly (who may be Panamanian or foreign) as well as legal entities, for any purpose (lawful) for which the incorporators subscribe at least one share each (they are considered shareholders), the authorized capital stock of the corporation in training
Business Strategy Series: VIII. Liquidation - Egypt
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.
Business Strategy Series: VII. Transformation - Egypt
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal requirements under Company Law. (Company Law, Part Nine, Chapters 1 & 2, Arts. 273-280, Part Ten, Chapters 1 & 2, Arts. 281-312)
Myths & Facts about Panama Corporate Powers of Attorney
July 30, 2013 By Abogados Lombardi Aguilar Group
Corporate authority problems may arise occasionally, with Panama legal doctrine providing interesting solutions.
Possible Legal Redress in the Case of Erroneous Supervisory Board Resolutions - Germany
July 29, 2013 By GRP Rainer LLP
Despite the absence of statutory regulations, erroneous resolutions of the supervisory board can be proceeded against and actions lodged.
Business Strategy Series: VI. Amalgamation - Egypt
July 28, 2013 By Al Rowaad Advocates & Legal Consultancy
The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval of the Competent Authority specified in the Company Law for that type of company.
Business Strategy Series: V. Dissolution
July 28, 2013 By Al Rowaad Advocates & Legal Consultancy
The dissolution of a company can result in its termination.
Business Strategy Series: IV. Branch/Representative Offices or Foreign Companies in the UAE
July 28, 2013 By Al Rowaad Advocates & Legal Consultancy
The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is appointed.
Opening Representative Offices in the Republic of Uzbekistan
July 18, 2013 By Legalmax Law firm
Nowadays foreign investors seek to establish their legal presence in Uzbekistan in order to better explore and understand the Uzbekistan market. While considering different options, investors face certain dilemmas, e.g. whether to open a representative or branch office, or a subsidiary; as well as issues regarding economic and other risks, and so on.
Tax Due Diligence in M&A Transactions in Uzbekistan
July 17, 2013 By Legalmax Law firm
The old English proverb says, “There are only two things in life that we can’t avoid, death and taxes,” – and it confirms once again the value and importance of the tax due diligence procedure as one of crucial attributes of most M&A (mergers and acquisitions) transactions.
Opening Pepresentative and Branch Offices of Foreign Companies in Kazakhstan
July 17, 2013 By Legalmax Law firm
As you know, most of the national companies in a certain period of their development set themselves the task to bring out their goods, works and services to foreign markets, which may be done, including through the expansion of their actual geographical presence outside the country of incorporation of the company, or the location of the head office.
Legal Aspects of Establishing a Company in Kazakhstan
July 17, 2013 By Legalmax Law firm
Today, Kazakhstan, being one of the leading economies of the CIS countries, is "a jurisdiction open to investment activities", which opens great economic opportunities for foreign investors due to the favorable investment climate and a fairly high level of development of legislation and business-oriented tax and customs policies.
A Comparison of the Legal Use of Electronic Signatures in the U.S.A. and in Turkey
July 16, 2013 By ADMD Law Office
The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.
Alternative Investment Fund Managers Directive – Implications for Non-EU Managers of Non-EU Funds
July 15, 2013 By Loeb Smith & Brady
As 22 July 2013 looms ever closer, as part of our continuing legal update series on this topic, this Guidance Note seeks to consider the impact of the Alternative Investment Fund Managers Directive (the “Directive”) for non-EU Managers who manage Cayman Islands domiciled funds.
Business Strategy Series: III. Offshore Companies in the UAE
July 15, 2013 By Al Rowaad Advocates & Legal Consultancy
Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways of doing so, is by opening an Offshore company.
Analysis of Company Laws in Poland
July 10, 2013 By Law Firm Iuridica
In Poland can be created following commercial partnerships: a registered partnership, a professional partnership, a limited partnership, a limited joint-stock partnership. Companies in Poland are as following: limited liability company and joint-stock company.
Dismissal of a Director without Notice Knowledge of the Board Decisive - Germany
July 10, 2013 By GRP Rainer LLP
In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the reasons for a dismissal of a GmbH director without notice.
Incorporating a Commercial Company in the Democratic Republic of Congo under OHADA Law
July 8, 2013 By Yav & Associates
There are different types of commercial companies that can exist in a member state of OHADA (the organization for the Harmonization of Business in Africa) such as the Democratic Republic of Congo [DRC]. This article discusses the types of companies and their incorporation or establishment in the Democratic Republic of Congo
Commercial Rental Space Is Also Possible in Cases of Mixed Usage of Property - Germany
July 3, 2013 By GRP Rainer LLP
The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.
Further Update on Use of Personal Data for Direct Marketing in Hong Kong
July 2, 2013 By Angela Wang & Co.
The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance with the new regulatory requirements for direct marketing under the new Part VIA of Hong Kong’s Personal Data (Privacy) Ordinance which came into effect on 1 April 2013.
Business Strategy Series: II. Providing Brokerage Services in Commodities in the UAE
July 2, 2013 By Al Rowaad Advocates & Legal Consultancy
Futures and Derivatives Trading
To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according to the UAE law or foreign company incorporated outside the UAE) needs to carry out the necessary procedures to obtain a membership from DGCX (Dubai Gold and Commodities Exchange).
Excluded Tenancy Liability of the Lessor in the Leasing Agreement - Germany
July 1, 2013 By GRP Rainer LLP
Special duties are assigned to the lessor if the tenancy liability of the lessor is excluded under an assignment of legal warranty claims respective of a sales contract in the lease agreement.
Even in an LLC or Corporation, You Are Personally Responsible for Your Business Debt
June 30, 2013 By Boling Rice LLC
Starting a new company or planning on becoming a partner in a new company? Your personal assets are not as protect as you may think. Before starting that new company or joining a partnership, read on to learn how to protect yourself from personal asset exposure now and when you exit the company.
Labour Law: Failure to Observe a Deadline Can Lead to Dismissal of The Claim
June 26, 2013 By GRP Rainer LLP
It has been confirmed again and again in the jurisprudence of the Federal Labour Court (BAG) that the potentially very tight deadlines in labour law must be imperatively adhered to.
Varied Intended Uses of the German Limited Liability Company
June 25, 2013 By GRP Rainer LLP
The intended use of a German limited liability company can be based on commercial, non-commercial or non-material activity.
Leasing of Commercial Premises Also Possible Where There Is Mixed Use - Germany
June 24, 2013 By GRP Rainer LLP
For the classification of leased premises as residential or commercial tenancies, the focus of the tenancy is decisive.
Amendment to Article 211 of the Companies Act – Private Exempt Companies
June 17, 2013 By CSB Advocates
By virtue of Act 3 of 2013 Article 211 of the Companies Act was amended such that, the words "is holder of, or has any interest in, any shares or debentures of the company or" in paragraph (b) of sub-article (2) thereof have been deleted.
Commercial Rental Spaces in the Case of Mixed Use of the Rental Premises? - Germany
June 17, 2013 By GRP Rainer LLP
The classification of a rental space as either a residential or commercial tenancy conforms to the emphasis given by the lease tenancy agreement.
Arbitration Is Usually Better for Business
June 16, 2013 By Thomas R. Spencer, PA
Under most circumstances, Arbitration is a better dispute settlement process.
Merging Dental Practices
June 14, 2013 By Matt Dickstein, Business Attorney
In this article I discuss the merger of dental practices, from a legal perspective. Without further adieu:
Preparing to sell a Solo Veterinary Practice
June 14, 2013 By Matt Dickstein, Business Attorney
In this article, I give some thoughts on preparing to sell your solo veterinary practice.
Classifying a Veterinarian as an Employee or a Contractor
June 14, 2013 By Matt Dickstein, Business Attorney
Most veterinary practices want to classify their hired veterinarians as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Tenancy Termination Possible, if Landlord Would Like to Use Property for Commercial Purpose - Germany
June 14, 2013 By GRP Rainer LLP
It is now permissible for a landlord to cancel a lease agreement contract if the landlord wishes to use the leased property for commercial purposes and therefore not for personal use.
The Purpose Of a Limited Liability Company (GmbH/Ltd.)
June 13, 2013 By GRP Rainer LLP
A company with limited liability (GmbH/Ltd.) can be established with commercial, non-commercial or non-material intended purposes.
Broker-Dealer Registration 101
June 12, 2013 By Hamilton & Associates, P.A.
Broker-dealers are subject to regulation by the SEC, FINRA, Self Regulatory Organizations (“SROs”) such as stock exchanges, and the states in which they do business.
SEC Charges Securities Lawyer with Churning Bogus Legal Opinions
June 12, 2013 By Hamilton & Associates, P.A.
On March 8, 2013, the Securities and Exchange Commission (the “SEC”) charged Brian Reiss, a California securities lawyer, with churning out baseless legal opinions for penny stocks traded on the OTC Markets platform.
Squattership Proceedings 101 l Corporate Hijacking Series
June 12, 2013 By Hamilton & Associates, P.A.
Familiar to everyone in connection with real property, squatting consists of occupying an abandoned or empty property that the squatter does not have lawful permission to use.
Legal Framework for the Regulation of Foreign Investments in Cameroon
June 12, 2013 By Legal Power Law Firm
The Cameroon Government in its effort to protect foreign direct investment has adopted a legal framework made up of on the one hand of national laws and specific contractual agreement signed between Cameroon and a prospective foreign investor and on the other hand , of Inter- Governmental Bilateral Regional and Multilateral Treaties agreed to by the Government.
License Agreement Arrangements in Germany
June 12, 2013 By GRP Rainer LLP
A license agreement usually refers to a contract with pecuniary interest valid indefinitely with provisions on use transfer service made applicable for a certain period of time.
Business Strategy Series: I. Conducting Business in Dubai
June 11, 2013 By Al Rowaad Advocates & Legal Consultancy
The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. The articles below provide an insight into the different types of business organizations in Dubai, and the processes involved in the dissolution, amalgamation, transformation and liquidation of businesses.
Restricted Securities 101
June 10, 2013 By Hamilton & Associates, P.A.
It has become routine for public companies and private companies seeking to go public to place restrictive legends (“Restrictive Legends” on the certificates representing their Restricted Securities not covered by a registration statement under the Securities Act of 1933, as amended (the “Securities Act”).
How FINRA Rule 6490 lmpacts Reverse Mergers
June 10, 2013 By Hamilton & Associates, P.A.
How FINRA Rule 6490 lmpacts Reverse Mergers
Raising Capital - Regulation S - Foreign Private Issuers
June 10, 2013 By Hamilton & Associates, P.A.
Foreign private issuers may raise capital in the U.S. using an offering registered on a registration statement under the Securities Act or by selling securities that are exempt from the SEC’s registration requirements.
Due Diligence in the SEC Registration Statement Process
June 10, 2013 By Hamilton & Associates, P.A.
Private companies in going public transactions that intend to be quoted on the OTC Markets OTCQB must first become reporting with the Securities and Exchange Commission (the “SEC”). This is typically accomplished by the private company filing a Form S-1 registration statement under the Securities Act of 1933, as amended (the “Securities Act”).
A Q&A Guide to Doing Business in Angola
June 7, 2013 By FCB&A
An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.
No Reimbursement Of Additional Costs In The Event Of Supplementary Performance In Sale Of Goods Law
June 7, 2013 By GRP Rainer LLP
If a businessman purchases a defective item from another businessman, he can demand the delivery of the defective item within the framework of his claim for supplementary performance, but not the reimbursement of any additional costs.
Complex Questions Concerning Corporation Tax
June 6, 2013 By GRP Rainer LLP
Corporation tax is a particular form of income tax that is paid by corporations, legal persons and estates.
Assembly Bill 10: Hope for Low-Wage Workers
June 5, 2013 By Ortega Business Law Firm, APC
California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10 could change all of that.
Classifying a Dentist as an Employee or a Contractor
June 4, 2013 By Matt Dickstein, Business Attorney
Most dental practices want to classify their hired dentists as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Business Joint Ventures
June 4, 2013 By Matt Dickstein, Business Attorney
In this article, I explain business joint ventures. A joint venture exists when two or more businesses team up to engage in a limited activity, for example, one business has customer relationships in a particular market while the other has back-end personnel, so they team up to offer a vertically integrated service in that market.
Professional Service Agreements for Hospital-Based Physicians
June 4, 2013 By Matt Dickstein, Business Attorney
In this article, I outline Professional Service Agreements for hospital-based physicians. I cover the fundamental terms of the contract, namely, (1) defining the medical services to be provided as against the payment of compensation, (2) exclusivity, and (3) term & termination.
Rights and Duties of a Building Developer
June 4, 2013 By GRP Rainer LLP
A developer is someone who himself or through a third party has a building project implemented at their own or someone else’s expense and is legally and commercially responsible for this.
Solicited Marketing to Buy Gold Outside Branch Offices Objectionable - Germany
June 3, 2013 By GRP Rainer LLP
Business ideas involving the purchase and sale of gold are booming at the moment, but they are not always without legal objection.
BAG Makes A Decision In Cases Of Termination On Grounds Of Suspicion
May 29, 2013 By GRP Rainer LLP
The dismissal of an employee on grounds of suspicion had been decided in the judgment dated 25 October 2012 (Ref.: 2 AZR 700/11) by the German Federal Labour Court (BAG).
Formal Suspicion Of Criminal Offences Is Not Sufficient For Forced Termination Upon Suspicion
May 27, 2013 By GRP Rainer LLP
An employer who wishes to terminate an employee on the grounds of suspicion of a crime must pay attention to the argumentation presented in the employment tribunal process.
Industrial Property Legislation Improvements - Panama
May 24, 2013 By Pardini & Associates
The industrial property legislation had significant changes, as: any registered trademark must be used within the Panamanian territory, etc.
New Definition for Wholesale Activity - Panama
May 24, 2013 By Pardini & Associates
The Panama-USA free trade agreement has entailed the modification of several legislations.
Requirements for Effective Representation of Civil Law Companies - Germany
May 24, 2013 By GRP Rainer LLP
For proof of signature authority of a member of a civil law company (GbR), a company stamp is sufficient.
Bipartisan Bill Looks to Crack Down on Rogue Websites
May 23, 2013 By Sheldon Mak & Anderson PC
A bipartisan group in the U.S. House of Representatives recently introduced legislation intended to combat the illegal distribution of counterfeit goods via rogue websites hosted overseas. The proposed bill greatly expands protections for intellectual property (IP) and, if passed, would bring sweeping changes to copyright law.
