HG.org Legal Resources

Business and Industry Law Articles

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


Do You Have a Pour-Over Will in Place?

When you engage the expertise of a good Reno estate planning attorney you can be certain that all of your bases will be covered, This is something to keep in mind if you have ever been tempted to utilize some type of estate planning download that is advertised on the Internet.

The Family Vacation Home — How to Handle it in Your Estate Plan

Many families are fortunate enough to be able to enjoy a family vacation home. Whether you have a cabin in the woods, a chalet near the slopes, or a condo at the beach you need to pay particular attention to how the property is handled in your estate plan in order to avoid conflict and confusion.

Starting Your Business in Arizona

Starting a new business? Need some advice from someone who has been there? Giving advice regarding starting a new business is a little bit like the blind man describing an elephant: it depends on where you are standing. For example, a government official will focus on permits, licenses and taxes; an accountant may emphasize accounting, payroll and tax issues; and a marketing person will develop your identity, brand and unique selling proposition.

Executor Duties — Obtaining Date of Death Values for Estate Assets

If you recently found out that you are the executor of the estate of a recently deceased loved one, or have been appointed by the court as the personal representative of an estate, you will soon realize that there are numerous duties that go along with the position

Law Number 21 of 2011 on Financial Service Authority - Indonesia

  By Leks&Co
Financial Services Authority or commonly abbreviated as OJK, is an independent institution and free from the intervention of other party, which has the functions, duties, and authority to regulate, supervise, examine, and investigate against the activities in the financial services sector, which are the activities in banking, capital markets, insurance, pension funds, funding institutions and other financial service institutions.

Nursing Home Expenses: How High Will They Go?

Unless you look into the subject on behalf of an aging relative there is no particular reason why you would have any understanding of the state of assisted living costs. However, a high percentage of people will eventually require living assistance so the matter is important to all of us. Medicare is in place to provide a health care safety net for senior citizens who qualify, but it does not pay for long-term care.

SSA Taking Steps to Save Taxpayers Money

Sometimes you can engage a paradigm shift that can provide economic efficiency in a rather simple but effective manner. This is something that the Social Security Administration has been doing and the timing is ideal. Retirement planning experts tell us that tens of thousands of people are joining the ranks of Social Security recipients monthly, and this growth will continue for years to come as the baby boomer generation reaches the age of Social Security eligibility.

Social Security Going Electronic

Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?

Love, Hate or Litigate Apple’s Ms ‘Siri’?

Another day, another litigation over patenting laws. Introducing ‘Siri:’ Apple’s computer voice search-and-speak technology inside newer iPhones, iPads and iPod Touch devices. Those of us with IPhones will know the joys and blunders of this so called revolutionary talking app. Our personal ‘Siri’ experiences aside, the little voice of wisdom is already getting herself in trouble.

Check Mailings Being Discontinued by SSA

In a move that is of interest to people who are retired or planning for retirement the Social Security Administration is implementing a cost-cutting measure that is expected to save United States taxpayers approximately $1 billion over the next 10 years. Beginning in March of 2013 the practice of mailing out monthly checks in hard copy form is being discontinued.

SSA Enacts $1 Billion Cost-Cutting Measure

The Social Security Administration expects to save somewhere in the vicinity of $1 billion by discontinuing the practice of sending out paper checks through the mail every month. This is a cost-cutting measure that makes a lot of sense to many people within the South Carolina elder law community. At the present time nine out of every 10 people who are entitled to Social Security payments are receiving them electronically so taking this final step will provide total efficiency.

How to Form an LLC in Arizona

For many self-employed Arizonans, forming an LLC is the best choice for their business. Likewise for many sole proprietorships, partnerships, and other small businesses. LLCs—limited liability companies—offer protection from legal liability and simplified tax procedures. Even though Arizona LLC law makes the process of forming a LLC relatively simple, it is less than half the battle—you will still need an Operating Agreement, appropriate permits and licenses, and a federal tax ID number.

International Business Law: Starting or Buying an Arizona Business

With a few exceptions, Arizona does not impose a citizenship or even a residency requirement on non-citizens seeking to start or buy an existing business in Arizona. As its economy recovers from the housing bust, Arizona is ideally situated for foreign investment, especially from partners in Canada and Mexico. Arizona participates in the CANAMEX Corridor Coalition, promoting safe and secure trade between Canada, the U.S., and Mexico.

St. Paul, Problems of Being Human and Small Businesses Dealing with AngiesList.com

Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not that easy, even when we are so inclined” (and he was a Saint.).

10 Common Mistakes that Business Owners Make

The following is an outline of a lecture I have given to the Edson Institute at Arizona State University in Tempe, Arizona as well as the Arizona Small Business Development Center and tte students of my business law class at ASU in Glendale, Arizona. I am hoping this summary report will be sufficient to trigger action on the issues discussed and to cause the reader to obtain some professional advice regarding same.

Buying or Selling a Business in Arizona

I. Buying a Business in Arizona - A. Business Brokers, Pros and cons - B. Due Diligence in the Purchase of an Arizona Business - C. The Agreement for Your Purchase of a Business in Arizona - Selling an Arizona Business A. The Business Broker - B. Due Diligence in the Sale of a Business for the Seller C. The Sales Agreement for the Sale of a Business in Phoenix or Arizona.

Divorce: Know Thy Beneficiary

If you’re thinking about getting a divorce, are in the process of getting a divorce, or are already divorced, then you should keep reading. A divorce can be a very emotional and stressful time; instead of thinking about how best to protect yourself and your assets, you may spend your time reminiscing over the love lost or fuming about the reasons prompting the divorce.

How to Avoid Becoming the Victim of Medicare, Medicaid, or Healthcare Related Fraud

The senior population in this country continues to grow, presenting even more viable targets for Medicare, Medicaid and other healthcare related frauds. As it stands now, this type of fraud costs the government billions of dollars each year. Help yourself avoid becoming a victim by learning what types of scams are out there, as well as what steps to take to avoid being victimized.

A Ltd. Business May Be Responsible For A Small Business With Similar Name In Germany

Limited responsibility businesses might be responsible for poor investment advising by a business with the same title. The German Federal court of justice (Bundesgerichtshof - judgment from 05.07.12 - II ZR 116/11) ruled on the preconditions of a company's continued responsibility according to § 25 with the German commercial code (HGB). Limited liability companies sharing the identical names as a corporation might be liable for poor investment recommendations.

Investment Treaty Law: Impact of Umbrella Clauses on State Liability - Pakistan

The rise of BIT regime worldwide represents a major shift in investor-state relations in developing and emerging economies. As an outcome, this choice presented challenges both to Investors and BIT partner states. Competing demands emerging from this new relationship between investors and treaty partner led to the development of Law of Investment Treaties.

QTIP Trust and Pre-Nup Can Cover All Bases

There are those who equate the concept of the premarital agreement with the undermining of true romance, but this impression is now beginning to soften. The truth is that if all marital unions were first marriages taking place between two young adults with no children and no significant personal assets a prenuptial agreement may indeed seem unnecessary. But these days, marriage is simply not the same institution that it was in years gone by.

Developing a Rapport With Your Estate Planning Attorney

People generally go to the same hair stylist over a number of years once they find one they like because the stylist gets to know what the client's preferences are and he or she has had the opportunity to understand the specifics of the client's hair. This is true of estate planning as well in terms of the need for ongoing adjustments and the value in gaining an understanding of the specifics of the client's case.

Be Prepared to Revise Your Estate Plan

The matter of estate planning is unique in that it is something that you do that is not intended to benefit you personally. When you plan your legacy you are doing it for the well being of your family members, and people who procrastinate before they take the time to consult with an estate planning lawyer to devise a plan may be losing sight of this.

Interesting Twist in Hemsley Estate Matter

Estate planning lawyers will always remind clients that they have choices when it comes to asset transfer. Simply using a last will is unnecessarily limiting, and you must consider the realities of probate because wills are intended to go through probate.

Time Waits for No One

Many baby boomers grew up listening to the Rolling Stones song "Time Waits for No One." Some of them are finding out just how true this is when it comes to retirement planning. Elder law researchers are interested in the preparedness of baby boomers for retirement because so many of them are reaching their senior years at more or less the same time. There are some 10,000 people applying for Social Security every day and this will continue for a couple of decades, according to experts.

New Definition of “Lucky Dog”

There is such a thing as living a charmed life, and a lot of people will tell you that their dogs are doing just that. Indeed, many Americans have a tendency to spoil their best friends and who can blame them? Dogs are loyal companions who provide you with endless hours of entertainment while acting as protectors.

Estate Tax: Where it Stops Nobody Knows

Avoiding asset erosion is one of the primary goals of estate planning, and the most powerful source of this erosion that must be reckoned with is the federal estate tax. If you're wondering if you are going to be subject to the tax and how much your heirs will have to pay, you are not alone. And strangely enough, there is no definitive answer.

A Revocable Living Trust May Be the Answer

There are multiple ways to transfer your assets to your loved ones after your passing. Many people assume that a last will is the best way to pass along their legacies. Though a last will is indeed an option and a frequently used one at that, it is not your only choice and many people would say that it is not the best choice.

Is Permanent Estate Tax Repeal in Order?

Most people are not opposed to paying taxes that they feel are fair and properly used, but it is very difficult to accept levies that overstep the boundaries of logic and respect for personal property. The estate tax is the target of a lot of criticism, and though it was repealed for 2010 this is a temporary repeal for just the one year.

Do-It-Yourself and Template Wills

There is a big DIY movement afoot in the United States these days, and for the most part this is a good thing. It can be a lot of fun to make home improvements, take on landscaping projects, fix up or restore cars, tailor your own clothes or engage in any other do-it-yourself project that may be of interest to you. The trick is to recognize your limits and make sure that you know where to draw the line.

Donor Advised Funds: Philanthropy for the Rest of Us

Not too long ago there was quite a buzz generated in financial circles by two of the highest profile and wealthiest businessmen in the world. Just this past summer Bill Gates and Warren Buffet issued a challenge to the nation's billionaires, asking them to give away at least half of their fortunes to charitable causes. The last we saw they had 38 takers, and Buffet himself had pledged to give away just about all of his assets previous to issuing this challenge.

Take Advantage of Tax-Free Gifts

You have to love win-win situations, and that's what you get when you include tax-free gift giving in your inheritance plan. Essentially, when you leave someone an inheritance you are giving this person a gift posthumously. But when you do you never get to see the look of surprise, joy and gratitude cross the face of this person who is dear to you. In addition, if that gift is received as a direct result of your death the occasion is certainly not a cause for celebration.

Estate Tax Relief Included in New Tax Measure

A brand new year is upon us, and as we brush ourselves off after the holiday reveling we are invariably ready to embrace the many changes that are in store for us. But then we get in the same car, drive the same route, sit at the same desk, and greet the same co-workers as we did last year.

Major Rewrite of Hong Kong Companies Legislation

On 12 July 2012, the Hong Kong Legislative Council passed the much awaited new Companies Ordinance that substantially and comprehensively overhauls the old Ordinance. This is a significant milestone given that the last major reform of the Companies legislation was more than 2 decades ago.

Understanding All the Estate Tax Buzz

There’s been a lot of hype about the estate tax recently that created a good deal of confusion. The estate tax is a tax that the IRS imposes on the entire value of the estate when someone passes away. According to the IRS, the estate tax is a tax “imposed for your right to transfer property.” Prior to 2001, the estate tax exemption under the existing law was increasing annually from $600,000 until it reached $1,000,000 so any assets over that amount were taxed at a whopping 39% to 55%.

The Benefits of Planning Your Own Funeral

Planning a funeral for a loved one can be a heart-breaking process full of confusing, sometimes expensive choices. You can alleviate this burden from your family by leaving written instructions for your final tribute. There are many advantages to making your own funeral preparations.

Your Responsibilities as a Guardian

Have you been named as the guardian of a minor child or a mentally incapacitated adult? If so it is important to understand what your fiduciary duties and obligations are to the ward. - Handle Financial Assets - As a guardian, you may have control of your ward’s financial accounts. You may use funds for the best interest of the ward.

How Do I Donate My Body to Science?

Did you know that you can donate your body to science? If you wish to do so, it is important that you set those desires out in advance in an anatomized gift declaration or other planning document that is provided by the agency you wish to favor.

The Decline in Estate Planning

According to recent surveys, only 35 percent of Americans have completed their estate planning and only 21 percent have created a trust. According to the experts, this decline started to show as the housing market and economy slowed. Some Americans feel with the unpredictability of the economy, it is too hard to focus on estate planning. After all, a lot of Americans do not know if they will keep their assets through the down economy or not.

America’s Wealthy Have Outdated Estate Plans

According to a recent study, a majority of American families who are wealthy enough to have a full-time accountant and legal representatives on staff have extremely outdated estate plans. In fact, more than three quarters of American wealthy families had outdated estate plans, even though 95 percent of them had significant life changes that required some form of updating to their plan.

Business Owners or Wealthy Benefit from Advance Estate Planning

Those in business or with significant wealth are concerned with protecting themselves and their assets in matters of tax, trust, and estate laws. Charitable Remainder Trusts Need Analysis - A charitable remainder trust, or CRT, needs to be carefully analyzed. There may be other planning alternatives that make more sense in certain situations.

What Happens to Student Loan Debt after Death?

You’ve taken the time to plan out your estate, but what about student loan debts? According to a study conducted by SmartMoney, one out of three consumers over the age of 40 is paying down student loans. Therefore, if you have student loan debt you need to include it with your estate plan.

Essential Estate Planning Components for Female Entrepreneurs

As a woman, you have spent countless hours working to create a high net worth. Unfortunately, the last thing on your mind is planning for how you will transfer ownership of your hard work to someone else if you were to pass away. Though it is hard to think about, female entrepreneurs need estate planning just as much as males to protect their assets and their loved ones.

Common Estate Planning Errors for All Americans

Common estate planning errors do not just apply to those who do their own estate plans. Even those who pay thousands of dollars to create an estate plan can open the door to errors. Most Americans postpone updating their estate plans, especially with so much uncertainty in the air surrounding estate tax.

Transferring Your Business

You have worked years to establish your business and your livelihood. Upon your death you want to ensure that your business and the legacy behind it will be protected. You can do this with estate planning, but you have to ensure you follow the proper steps to not only protect your estate, but your family business.

General Power of Attorney Versus Health Care Power of Attorney

When you begin the estate planning process, you will be approached with the terms “General Power of Attorney” and “Health Care Power of Attorney.” During estate planning it is highly important that you understand these terms thoroughly, since they can greatly impact your health and well-being during and your family after life.

Does My Family Need a Trust?

Just about every family out there can benefit from a Trust in some way. In fact, a Trust is not something designed specifically for the rich and famous. Therefore, if you are considering a family Trust, take a look at a few situations that imply your estate planning could benefit from using one:

Hurried to Cancel a Contract? You'll Pay! - Israel

This article is dealing with the Israeli contracts law. Many companies customarily establish a joint venture for importing and marketing certain products, with one company responsible for the importation process to Israel, and the other responsible for marketing the products in Israel.

Commission For Trade Representative Contracts Can Be Regulated - Germany

Contradictory contractual commission regulations of trade agents can be found invalid. The higher regional court of Munich (Az. 23 U 4793/11) ruled on March 22nd 2012 that commission determining clauses can be ineffective in the light of an coexisting and simultaneously completed cooperation agreement and trade-agent contract.

Liability Of Partnerships Under Civil Law Decided By Federal Court Of Justice - Germany

A judgment from the German Federal Court of Justice (file number: II ZR 197/10) made clear that an associate can still be held liable even after he retired from a GbR. The ruling underlines the liability risks for associates that have to be considered in connection with the withdrawal from a GbR. The associates are not freed from the risk of liability, as the above ruling shows. This is true even though the law excludes post liability.

A Ltd. Company Can Be Liable For A Small Business With The Similar Name - Germany

According to a recent judgment of the German Federal court of justice (BGH - judgment from 05.07.12 - II ZR 116/11), a limited liability company can be liable for bad investment counseling by an individual enterprise which carries the same name.

Ruling Of The Liability Of Partnerships Under Civil Law (GbR) - Germany

The judgment from the German Federal Court of Justice (file number: II ZR 197/10) made clear that an associate can be held liable even if he has already retired from the GbR. The ruling shows the liability risks for associates that come into consideration in connection with the withdrawal from a GbR. The associates, as mentioned in the ruling above, are not freed from the risk of liability, even though the law excludes post liability.

Co-Partner Of A Limited Partnership Can Be Excluded - Germany

Along with the explanation to the co-partner, it requires the adoption of resolutions by the other partners to evoke the exclusion of a co-partner from a limited partnership. The Federal Court of Justice judgment of the 6/21/2011 (File number: II ZR 262/09) decides about the exclusion of a co-partner from a limited partnership.

Faulty Organization By A Manager Of A Limited Liability Company - Germany

According to a recent judgment by the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it is the responsibility of the manager of a Ltd Company to have a decent enough overview of the financial and economic situation, in order to be able to fulfill his duties properly.

Debt Financing: Obtaining Foreign Currency Loans From Foreign Creditors - Ukraine

Until May 7, 1997, much to the ongoing dismay of the Western financial world, debt financing was not an option for most Ukrainian companies. The key obstacle was the now-cancelled National Bank’s Provision No. 329, dated December 29, 1995, which strictly required all Ukrainian residents to obtain a special license prior to receiving loans in foreign currency from foreign creditors. Naturally, such licenses were not generally granted to the average Ukrainian company.

You Need a Lawyer When Coming into China

Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are many opportunities in here, but the risks are exist at same time. So find a attorney before you go abroad. This is the true fact that I met during my attorney practice, for the secret of the person, I do not use the true name of the person.

Home Equity Conversion Mortgages: An Overview

When you are engaged in the process of retirement planning, you are going to want to be apprised of all of your options. With this in mind we would like to take a look at home equity conversion mortgages. Just about everyone would like to be able to retain ownership of as much property as possible so that they can leave behind a robust legacy to their loved ones.

Estate Planning and the Types of Power of Attorney

There are many different types of power of attorney; in fact, there are so many that someone could be easily overwhelmed when trying to decipher just what exactly, is encompassed by a grant of power of attorney. And don’t worry: if you don’t know what a power of attorney is, you are not alone. To put it simply, the phrase “power of attorney” describes one person’s bestowal of power upon another person to act in their stead.

Ways to Keep Your Estate Plan Simple

You can’t take it with you. This is one of the simple, inalienable truths about dying, and, like it or not, your relatives know this. So if you have had the good fortune to become wealthy during your life, be sure to develop an estate plan that will help keep things civil.

Trust Can Play a Role in Pet Planning

Some people want to provide for minors or adults who are incapable of making their own decisions when they are making preparations for the future. If you want to set aside resources for the well-being of such an individual you would place them into a trust of some kind.

An Explanation of Unified Gift/Estate Tax

levy that is imposed on gifts that you give to others if they exceed a certain amount. Every year you can give as much as $13,000 to any number of gift recipients free of the gift tax. The total sum of these tax-free gifts can equal any amount of money.

Who Will Care for Your Pet After Your Passing?

Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the future of your pet when you are planning your estate. Perhaps this is true for some younger people who essentially co-own their dog, cat, horse or other animal with other immediate family members.

T-Shirt Estate Plans

Have you ever purchased a one size fits all T-shirt? I'm not sure why companies make these things. They don't actually fit anyone. They are always too large or too small for any particular person. If you have made the mistake of buying one of these things, it’s a mistake you are not likely to make again.

Claim Your Inheritances

Most people do just about everything they can legally do to get as much money as they possibly can. This makes it amazing when someone appears to go out of their way to not get virtually free money. For example people have been known to not show up to claim inheritances for no reason. It happened recently.

A Post for Men

Forgive me, ladies, but this is a post for the men in the audience. You can read it, but it is not for you. This post is for men who spend any time with other men. It does not take long if you get a group of men together that the conversation turns to what it means to be a real man. It really doesn't.

Someone is Wrong on the Internet

There is an old Internet meme that shows a picture of a man looking at a computer while a woman stands in a doorway behind him The picture is captioned with some way of stating that the man cannot go to bed because he has to stay on the Internet because someone on the Internet is wrong.

How Do You Provide for Pets When Planning Estate?

If you were to get yourself a dog or cat as a senior citizen you may be taking a very positive step. It is not uncommon for elders to experience a sense of loneliness and pet ownership can certainly make a big difference. However, when you are planning your estate you must ask yourself what would happen to your dog or cat after you pass away.

Digital Planning: Communicate Relevant Information

Estate planning in the digital age is going to require communicating relevant information to your executor or personal representative. These days a lot of people conduct a significant amount of business online. Indeed, some individuals take care of just about everything over the Internet and it can be quite efficient to handle your affairs digitally.

Pet Planning: Provide for Your Pooch

You must think everything all the way through when you are interested in being totally and comprehensively prepared for the inevitable. With this in mind you would do well to make provisions for your dog when you are planning your estate. No one knows exactly when they will be passing away so you may think that you will live longer than your dog but in reality you have no guarantees.

SSA Requiring Benefit Recipients to Go Paperless

Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging of the population there will be an added strain on the system. Exactly how to go about cutting costs is a matter of ongoing debate, but the Social Security Administration has been taking some steps that would seem to be quite logical to most people.

International Trademark Applications Based on Australian Registered Marks

Australia is a member of the Madrid Protocol – an Australian trade mark owner can apply to register its trade mark in other countries that are also members of the Madrid Protocol in one international trade mark application. A Madrid System application is simpler and cheaper than applying directly to each country for a registered trade mark. However, some countries are not members of the Madrid Protocol so it is necessary to apply directly to their trade mark registries.

Australian Trademark Myths and Misconceptions

There are numerous myths and misconceptions about trade marks. Here are some that relate to Australia. Your Australian registered trademark automatically protects your rights overseas: Untrue. Your Australian registration only gives exclusive trademark rights in Australia. If you wish to use your trade mark overseas you must be sure that it does not conflict with an overseas owner's trademark rights.

Motivational Estate Plans

Perhaps some of your family members are not as motivated to make something out of their lives as you are. It is frustrating when that family member is a child or grandchild who just cannot seem to do anything with his or her life, who shows no desire to go to college and get a degree that can land them a good job.

Cancer Strikes When You Don't Expect It

I have an old friend that I only know through the Internet. I'm not sure how we met. It was a long time ago. It was probably through a mailing list or some early Internet message board. We have a lot of similar interests so over the years we have kept in touch. We do not talk often, but every once in a while we send each other emails to see what is going on or to discuss something of mutual interest.

Estate Plan Considerations for Those Who Are Expecting

Pregnancy is one of those significant life events that cause us to make a great many changes in our lives. One thing to which being pregnant should give rise, is considerations about your estate plan. Perhaps you do not yet have an estate plan in place. Perhaps you need to make some adjustments to your existing plan, in light of the pregnancy.

GATT Law: Indicative Prices and Their Use for Determining Customs Valuation - Pakistan

World’s economies are closely woven and interrelated with each other, individual states are thus required to be more efficient in application of conventions and agreements signed under WTO, in order to increase the trade volumes of goods and services. States are also required to be prudent in implementing laws meant for the growth of international trade, more particularly when such conventions or agreements have become part of the municipal legislation.

Why Should I Use a Living Will Registry?

A living Will registry is a good idea. It’s like an insurance plan that covers your wishes instead of your property. Although the subject matter underlying a living Will registry may be difficult to discuss, registration and use of the registry is simple.

Financial Discussions When Mom and Dad Get Old

It can be very difficult for adult children with aging parents to accept that the people who raised them are now coming to the age where they are not able to perform the same tasks that they used to be. If you have aging parents there may come a time when you will need to step in and begin managing some of their responsibilities for them.

Flawed Organizing By A Manager Of A Limited Liability Company - Germany

As documented in the latest judgment by means of the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it's the obligation of the manager of a particular Limited Company to possess a good enough comprehension regarding the fiscal and economic condition of their company, in order to be qualified to meet his/her assignments in the proper way.

Regulation Of Fees For Trade Representative Contracts In Germany

Contractual commission regulations of trade agents can be void if they are contradictory. According to a ruling of the higher regional court of Munich (Az. 23 U 4793/11) from March 22nd 2012 it was determined, that commission determining clauses can be inoperable if there are an coexisting and simultaneously completed cooperation agreement and trade - agent contract. Following § 307 para. 1 sentence 2 BGB (German civil code) these agreements can be found void if they are inconsistent.

Limited Partnership Can Exclude A Co-Partner - Germany

The adoption of resolutions by the other partners is necessary to evoke the exclusion of a co-partner from a limited partnership, along with the explanation to the co-partner. If the partnership contract of a limited partnership determines that a co-partner needs to leave the partnership, or should the remaining partners want his withdrawal for important reasons by declaring this to him, then this clause needs interpretation.

Certain Time Irrelevant For Community Trademark Prioritization - Germany

Where the priority of the community trademark over a national trademark is in debate, then the day of registration is pertinent and not the exact time. The precise time of the brand registration mustn't be considered. With the help of a Spanish court, the European Court of Justice (ECJ) built a specific ruling on the 22.03.2012 (C - 190/10) that the term "registration day", consistent with article 27 of the Community trademark rules (GMV)...

Managers Of A Limited Liability Company Can Be Liable For Faulty Organization – Germany

It is the responsibility of the manager of a Ltd Company to have a decent enough overview of the financial and economic situation of the company, according to a recent judgment by the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012). The manager needs to be able to fulfill his duties properly.

Doing Business in the Republic of Trinidad and Tobago, Legal Series

Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the Republic of Trinidad and Tobago” Series of Legal Article - During this series our Attorneys will be giving you a brief insight into the areas of law which from our professional experience, touches and concerns businesses and individuals wishing to establish themselves within our borders.

If a Shipment Arrives in Delay, does this Justify Withholding Payment? - Israel

This is an article regarding the reasons to cancel a delivery contract. The magistrate’s court of Haifa has recently decided to accept the lawsuit of a ground carrier vs. a company of Customs agents, for failure to pay shipment expenses. The defendants did not deny having ordered the shipment but they claimed the shipment had arrived a few hours in delay, which justifies withholding payment for it. The court overruled this claim and accepted the entire lawsuit.

Cargo was Stolen from a Warehouse? The Warehouse will be Required to Pay the Import Taxes - Israel

This article is dealing with the responsibility of a warehouse to the goods that are storage in it. Many importers enlist the services of the warehouses under Customs supervision for storing their cargo without having to pay import taxes. In this way, they can choose to pay the import taxes only after they have found buyers for their wares and then pay the taxes upon their release.

Israel - The Port Lost a Container? The Port will Recompense the Importer

This is an article regarding the responsibility of a port to the containers that are storage in it. The magistrate’s court of Haifa recently ruled that the Haifa Port Company will recompense the Golmat Company at a sum of NIS 25,000 for the loss of a shipping container that took a long time to find. The case and the claims made by the parties:

Israel - In Which Cases is the Insurer Permitted to Refuse Providing Compensation for Damage to a Shipment?

This is an article regarding insurance law. Many times, the court will be presented with a subrogation in which an insurance company that has given compensation to a policy holder for cargo damages takes his place and sues the related parties in the transportation network whom they hold responsible for the damage, for instance: the port, the marine carrier, the air forwarder, the warehouse, the international delivery company etc.

Advertising Discounts, Distribution Fees and Warranty Fees in Israel

This is an article regarding advertising discount and distribution fees. The Customs Authority has recently published a draft of a position paper regarding the evaluation of goods for Customs purposes, covering three issues: advertising expenses, distribution fees and warranty fees.

The Name "Design Center" is Not Entitled to Protection as a Trademark - Israel

This is an article regarding the trademark law in Israel. The Central District Court rejected the lawsuit submitted by the home design center located in Bnei Brak called the "Dan Design Center", against their competitor in Rishon Le'Zion, the "One Design Center".

Principles of Registered Capital System in Non-Public Turkish Companies

The communiqué on principles of registered capital system in non-public companies has been declared by the Ministry of Customs and Trade (hereafter the “Ministry”) and published on the Official Gazette dated 19 October 2012. The revolutionary communiqué brings out new corporate responsibilities for non public companies having registered capital system.

Answering Unified Tax Questions

The estate tax and the gift tax are unified under the tax code. We would like to provide a basic explanation with regard to what exactly this means to you. You cannot simply give gifts while you are alive in an effort to circumvent the estate tax. There is a federal gift tax in place as well and it carries the same rate as the estate tax.

Expanded Medicaid Might Impact Private Plans

There is no doubt that you have heard a great deal of information bandied about regarding the Patient Protection and Affordable Care Act (PPACA) in the days since the U.S. Supreme Court upheld the law, in a 5-4 decision. All of the facts and figures can be confusing, especially since they all seem to conflict from day-to-day. So what kind of effect, if any, will the PPACA’s expansion of Medicaid have on private health insurance rates?

GUIDE TO ESTABLISHING AND DOING BUSINESS IN UGANDA

The registration/ formation and management of companies are governed by the companies Act 2012 and several other laws such as the Investment Code Act, The income tax Act, Value Added Tax Act, Uganda Citizenship and Immigration Control Act, National Social Security Fund Act among others.

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas holidays, having to downgrade from going to restaurants to having our family meals at food court. Everyone is looking for ways to reduce their spending. We often overlook the very obvious method (and also substantial) savings through refinancing.

Singapore Business Law - Employee or Freelance Contractor?

In recent years, the Singapore Law Courts have come down hard on companies who hire “temps” or freelance contractors as a means to avoid paying employee benefits. The Courts’ may not agree that your hired hand is not an “employee” but a “freelance contractor”. Read this article to find out the difference between an employee and a freelance contractor.

Singapore Business Law - Checklist for a Distributor Agreement

Business expansion comes in many different forms. One of the most common methods of used by the small businesses in Singapore to expand their business is to expand their distribution channels by the appointment of distributors. This Distributorship Agreement Checklist will ensure that you address all of the major issues in agreements with your appointed distributor.

Singapore Business Law - Letters of Intent and What They Achieve

Business owners generally assume that a Letter of Intent made precursory to a contract would be legally binding and entitle you to legal remedies if the other party reneges on the deal. This article explains why this is often not the case. Hey What Happened? Didn’t We Sign the Memorandum of Understanding?

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance policy designed to financially protect a business from the effects of prolonged illness or death of important employees of a business. Read this article to find out how your business can benefit from keyman insurance.

Singapore Business Law - Shareholders' Agreement : What's In It for Me?

Why do you need a Shareholders' Agreement? Reducing uncertainty, providing investors with evidence of stability in the business; minimizing the cost of a business break up; planning for retirement and business succession are some of the many reasons why you might want a shareholders' agreement. This articles examines the legal issues that a Shareholders Agreement should address.


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