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.


Membership Criteria's to Istanbul Stock Exchange Changed

A new regulation has been promulgated in the Official Gazette dated December 8, 2012, numbered 28491, which determine the criteria for permission to operate at Istanbul Stock Exchange (“Stock Exchange”), and the liabilities of the members. The regulation is highly functional as it is in line with the principles of corporate governance in the new Turkish Commercial Law.

Understanding the Probate Notice to File a Claim

The reality of the world of estate planning is that it is filled with legal terms of art; in fact, of all the legal fields, this one seems to clutch its traditions tighter than most.

Ongoing Written Competition Law Damage Warnings By A Lawful Third Party

Due to gradually escalating product along with the trademark infringements, defense against intellectual property infringement is more essential than before. Attributes related security rights are frequently enabled through a published warning.

Commercial Agency Agreement Under the New Turkish Trade Code

Journal of the Justice Academy of Turkey, vol. 5, 2011, p. 419-450, (Peer Reviewed)

Vehicles of Asset Transfer: Choose the Optimal Solutions

You have options when you are arranging for the transfer of assets to your loved ones. In this instance we are not talking about the choice of a single vehicle of transfer.

Consider Circumstances of Each Inheritance Recipient

Each person that you are going to be giving an inheritance to is a unique individual. We all have our different strengths and weaknesses, and some of us live our lives under special circumstances.

Brace Yourself for Future Nursing Home Expenses

Elder law attorneys often see rather shocked looks cross the faces of their clients when they start to explain the extent of nursing home costs.

Retirement Planning for Military Service Veterans

When you speak with any retirement planning attorney he or she is going to advise you to do everything possible to facilitate a retirement income stream to supplement your Social Security benefit.

Wischmeyer Professional Service Access Plans

The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional advice. Wischmeyer Professional Services Access Plan allows employers to provide valuable resources to their employees at minimal cost and can even benefit themselves. Access to free consultations with an attorney, accountant or real estate agent with discounts if services are needed for professional resources and services.

Probate Claims: How They Work

The probate process is nothing more than a very step-by-step, methodical way of dealing with all the property a deceased person left behind.

Tell Your Family Where Things Are

When a loved one unexpectedly passes away, it feels like you are in the middle of a bad storm.

Give Yourself an Easier Time of Making a Will

Beginning the estate planning process can be a task that seems overwhelming. If you’re having trouble getting started, one of the easiest ways to begin is to collect some simple information you will need to write a will.

Deceased Family Members, Debts, and Creditors: 3 Common Questions

Question 1: What happens to a deceased person’s debts? There are several possibilities. Once a person dies someone will have to manage the property left behind.

A Look at Postmortem Planning

Executing estate planning documents that express your wishes in writing is indeed important when you are making preparations for the inevitable. However, this is only part of the process.

Business Owners Fail to Create Estate Plans

If you are a business owner, or have a substantial interest in a business, take note. Amazingly, the majorities of business owners apparently continue to underestimate the importance of creating a comprehensive succession plan for the business and/or include their business interests in their personal estate plan.

Washington Elective Shares

As a general rule in the United States, spouses cannot completely disinherit one another. In non-community property law states, when you die, your spouse will automatically be entitled to inherit at least some of the property you leave behind.

Estate Plans are not Like Buying Pasta

There are many things in life that people try to get cheaply. It's often understandable and wise. For example, the company that makes the grocery store brand pasta is probably the same company that makes the more expensive brand name pasta.

A Company With Limited Liability Can Be Liable For A Small Business With Similar Name

Limited liability companies might be liable for poor investment counseling through a business with the exact same title.

Bequeather’s Tax Obligations On The Year Of Death In Their Quality As Deductible Bequest Liabilities

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Bequeather’s Tax Obligations On The Year Of Death In Their Quality As Deductible Bequest Liabilities

In its Judgment of the 04.07.2012, the German Federal Finance Court (BFH) determined that the final income taxes to be paid by the legatee, in his quality as universal successor, on behalf of the legator on the year of the latter’s death, is a liability deductible of the legacy according to § 10 section 5 Nr. 1 of the German Inheritance Tax Law.

Probate: Smooth Sailing in The Garden State ?

In the state of New Jersey the probate process has been streamlined to facilitate a smooth and efficient transfer of assets to the heirs of people who pass away.

Facebook Pictures and Privacy Concerns with Facial Recognition Technology

Face Recognition Technology

More Money for Attorneys

We have warned you many times about using online legal document providers for your estate planning needs and here's more information as to why.

Who Will Be In Charge if You Are in Bad Health?

If you have ever watched a parent, grandparent or other loved one struggle through health problems you know how difficult it can be. Is there more you can do?

The Mistake of Creating a Will on Your Death Bed

There are many mistakes that you can make in estate planning. Planning your estate is not a simple or easy thing to do.

Other Ways to Gift

One of the biggest problems for many people who try to lower their estate tax burden is that they do not have enough ways to give away their money.

Growth in Medicaid Spending Slows Significantly

Due in large part to a strengthening economy and reduced state payment rates to physicians and healthcare providers, Medicaid spending in 2012 grew at its slowest rate in years

Co-Partners May Be Excluded From Limited Partnerships

By judgment of 21.06.2011 AZ: II ZR 262/09 the German Federal Court of Justice (BGH) decided the exclusion of a co-partner from a limited partnership.

The Way for Foreign Investments Entering Pawn Industry in China

  By Amaris Law
In August 2012, the Ministry of Commerce of PRC (COFCOM) has issued the Regulatory Requirements on the Pawn Industry (draft) for collecting opinions from the public (“Requirements”). Such Requirements tighten the control on the regulations of Pawn Industry. However, in view of the rapid growth of such an industry in recent years, this article will discuss the chance, feasibility and way of foreign investments entering this industry and sharing its prosperity.

Enforcement of Foreign Judgments in Belgium

A judgment may be enforced in the Country or State of its origin. Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title. Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.

Postmortem Planning Eases Strain on Loved Ones

When you leave behind a last will or a living trust, your wishes have been stated, but you also have to consider the matter of estate administration.

Long-Term Financial Planning for Military Veterans

When you serve in the military you have a unique opportunity to feather your nest for the future while you serve your country in the present.

Did Lawsuit Get Filed in The Right Place?

In the age of the internet, filing lawsuits has become more complicated. Consider the scenario where you order a product from a website and the company is from out of state or maybe you are working with an vendor or supplier that is located out of state. Some dispute arises and a lawsuit is imminent. Where should the lawsuit be filed?

Comprehensive Planning Includes Estate Administration

Estate administration is something to take into consideration when you are making preparations for the inevitable.

Estate Administration Requires Legal Guidance

You may not be aware of the fact that your estate must be probated after you pass away if you utilize a last will as your primary vehicle of asset transfer.

Does Your Estate Plan Need Revisions?

There is a certain inertia that can set in when it comes to estate planning. Most responsible adults are aware of the fact that they should execute the appropriate estate planning documents.

Corporate Debts Of A Limited Company’s Director

According to a recent judgment of the German Federal Supreme Court (BGH, II Reference Number 243/11 of the 19.06.2012), the director of a limited company must make sure to have a comprehensive overview of the economic and financial situation of the company while organizing it, in order to assume his responsibilities appropriately.

The Corporate Successor Liability

As per § 25 l of the German Commercial Code (HGB), no corporate successor liabilities are imposed upon the buying successor if the latter is a mere continuation of the predecessor’s corporation name.

Approval of M&A Transactions by the Chinese Ministry of Commerce - 2012 Annual Review

  By MMLC Group
This article reviews the activities of the Chinese Ministry of Commerce and the Anti-Monopoly Bureau, in reviewing applications for approval for M&A transactions under the PRC Anti-Monopoly Law, over the last 12 months.

“Quick and Painless Job Stimulus: Knock the Chill off Small Businesses”

Small Businesses are very important to our economy. Easing their burden will certainly help economic growth. Current Rules of DTCC that provide remedies for SBs, supposedly enforced by the SEC, are not enforced, and this is having an immediate impact on SBs everywhere. This article points out these flaws and appeals for simple enforcement of existing rules so that SBs will not continue to be hamstrung or destroyed in the marketplace.

Through The Inheritance Reform, Inheritance Claims Will Expire By Limitations At The End Of The Year

Inheritance claims may expire at the end of the year, due to a law change in accordance with the inheritance reform. The inheritance reform from 2010 has changed the limitation rules and could show its effects for the first time this year.

Faulty Organizing As A Result Of A Manager Of A Limited Liability Company

As per a recent ruling by the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it's the duty of a manager of a particular Ltd Company to maintain a clear enough picture concerning the financial and economic situation of the company. In addition, they must be capable of satisfying their assignments in the proper manner.

Business Planning to Reduce the Chances of Incurring Debt

When you start a business, it is crucial that you develop an effective business plan. Solid business planning is the foundation of success.

A New Ltd. Business Might Be Responsible For A Small Business With The Exact Same Name

Limited legal responsibility companies could be answerable for negative purchase advising by an individual business with the exact same identity.

Substandard Planning As A Result Of The Manager Of A Limited Liability Company

As is documented in a recent decision by the ruling of the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it's the burden of an office manager of a Limited Liability Company to maintain sufficient knowledge with regards to the monetary and economical state of his or her company, in order to be prepared to fulfill their assignments prudently.

Business Mergers

In this article I discuss business mergers, from a legal perspective. Without further adieu:

Physician Recruitment Agreements

In this article I discuss physician recruitment agreements and their package of documents. A recruitment agreement allows a hospital to loan money to a physician or to a group practice in exchange for the physician’s promise to practice in a certain geographic area. Recruitment agreement packages frequently reach 100 pages of mind-numbing prolixity and obscure complexity.

Merging Medical Practices

In this article, the author discusses the merger of medical practices, from a legal perspective.

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

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.

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.

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.

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.

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.).

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.

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.

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.

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.

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.

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.

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.


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