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Business and Industry Law Articles

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


Classifying a Worker as Employee or Contractor

Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t...

Classifying a Physician as an Employee or a Contractor

Most medical practices want to classify their hired physicians as contractors not employees. Contractors are cheaper and easier than employees....

Notice of Included Sales Tax May Not Be Sufficient - Germany

A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button...

Liability of Directors in Canada - An Excerpt

This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full...

Business Succession: Examination of Any Claims to Supplement Compulsory Portions is Advisable - Germany

Some problems can stand in the way of succession planning of a business, all the more if persons entitled to a compulsory portion are...

Possible Invalidity of a Clause Concerning the Gratuitous Reassignment of Shares - Germany

If the shareholder has shares that are, pursuant to the memorandum of association, to be gratuitously assigned back after the expiration of the...

Thailand – the Latest Developments in South East Asia

Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost...

Icann Listing Trademarks to Stifle Cybersquatting

The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new...

Neelie Kroes pushes Tech Creativity in the EU

When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for...

Yiwu Market Survival Guide - China

Yiwu, 300 kilometers away from Shanghai, is the largest market of petty commodity wholesales in the world and sees a non-stop stream of foreign...

Does a Heter Iska Increase the Risk of Litigation? - Canada

Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the...

An Onerous Duty - Malaysia

"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking...

Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)

The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its...

The Democratic Republic of the Congo Is Privatizing Its Insurance Sector

In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for...

Adoption of a New Legislation for a Better Industrial Environment in the DRC

Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”)...

Buying and Selling an Accounting Practice

This article gives a quick overview of buying and selling an accounting practice. The author discusses the deal from due diligence, through deal...

Leaving an Accounting Practice/Closing an Accounting Practice

This article gives a very brief overview of how an accountant leaves or closes an accounting practice. The accountant can’t just walk away –...

Preparing to Sell a Solo Medical Practice

In this article, the author gives some thoughts on preparing to sell your solo medical practice.

BGH: Interest in Bringing Proceedings to Challenge the Election of the Supervisory Board - Germany

In its judgment of 19 February 2013 (Az.: II ZR 56/12), the Federal Court of Justice (BGH) commented on the interest in bringing proceedings to...

Maintaining a Residence Ban Be Exacerbated by an Employee Being Posted Abroad - Germany

Should an employee be posted to a subsidiary company abroad over a long period of time, this can potentially have an impact on the arrangement...

California Revised Uniform Limited Liability Company Act

On September 21, 2012, Governor Jerry Brown signed into law Senate Bill 323. Specifically, section 20 of the Bill replaced the Beverly-Killea...

Oral Promises as Contracts

The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According...

Claims to Supplement a Compulsory Portion in Business Succession - Germany

If succession planning for a business is pending then a few problems could be in store, specifically if the beneficiaries of a compulsory...

Potential Hidden Profit Distributions in the Form of Inflated Salaries for Managing Directors - Germany

Benefits within a company arising exclusively form the corporate relationship are often paid out under the guise of inflated salaries.

Franchising - Franchise - Missed Opportunities in Saudi Arabia

Franchise: always been described and known concession system.

No Rescission of a Purchase Agreement in the Absence of Defects - Germany

If the buyer of a defective second-hand passenger vehicle has the defect removed himself and only then declares that the purchase agreement is...

Bringing a New Partner into an Accounting Practice

This article gives an outline of how to bring a new accountant into an accounting practice. The author goes from common sense to legal advice,...

Shareholder Buy-Sell Agreements for Accountancy Corporations

In this article, the author explains shareholder buy-sell agreements for accountants and accountancy corporations. A buy-sell agreement (also...

May an Accountant Compete against His or er Former Practice?

If you are in a group accounting practice, you might wonder, “Can I or another accountant in this practice set up a competing practice?” “Will a...

An Overview of Intelectual and Industrial Property Law in Turkey

In 1995, Turkey has started the necessary studies for building an active and modern intellectual and intellectual property rights system and...

Posting Workers Abroad Is Likely to Make Maintaining a Residence in the Home Country Difficult - Germany

Posting a worker for years to a subsidiary company abroad can spell changes to the arrangement of his professional expenses.

Tips on a Corporation's Daily Management - China

Dispute raised by unsigned attachment annexed to a Contract.

Hong Kong Stock Exchange Guidance on Pre-IPO Investments

In October 2012, the Hong Kong Stock Exchange (“HKEx”) published two guidance letters on Pre-IPO investments and Pre-IPO investment in...

Germany - Estate Capital And Tax Liability

In order to avoid the danger of assuming an inheritance that is still to be taxed, the heirs should have the estate thoroughly reviewed with...

International Rating Agencies Also Potentially Indictable in Germany

German investors who invest their money with foreign banks on the basis of the credit rating assessments of rating agencies can potentially...

Operators of Partner Agency as Commercial Agents - Germany

The operator of a “partner agency“, who procures mobile phone accounts and providers, shall be legally considered as a commercial agent.

2 Steps to Take When Served with a Summons and Complaint

Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons...

Compulsory Enforcement Through The Attachment Of Debtor’s Claims

It is not unusual for creditors to find themselves in the situation where debtors do not acquit their liabilities towards them and consequently...

California’s New Corporate Entities: Benefit Corporations and Flexible Purpose Corporations

A little over a year ago on January 1, 2012, California’s new corporate laws went into effect broadening the choices for corporations to include...

Legal Compliance Checklist for an Accountancy Corporation

This article gives you a legal compliance checklist for your accountancy corporation.

Accountant Employment and Independent Contractor Agreements

In this article, the author first discusses when an accountant is a contractor as opposed to an employee. Second, he looks at the essential...

Should You Incorporate Your Accounting Practice?

What are the costs and benefits of forming an accountancy corporation?

The Federal Supreme Court’s Ruling On Claims For Compensation Of Marriage-Related Benefits

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim...

Premature Reappointment of Joint - Stock Company (Corporation) Board Members Is Possible - Germany

The Federal Supreme Court has decided (judgment of 07/16/2012 Case No.: ZR 55/11) that early corporation directors reappointment may be possible.

SLOT Applications of Turkish Civil Aviation

Principally, the Turkish civil aviation legislation is prepared by two authorities in Turkey: Directorate General of Civil (“DGCA”) and the...

Premature Reappointment of Board Members 0f a Joint-Stock Company is Possible

The Federal Supreme Court has decided (judgment of 07/16/2012, case No.: ZR 55/11) that an early reappointment of directors of a corporation may...

Federal Constitutional Court Supports Equal TaxTreatment of Spouses and Registered Partners

The Federal Constitutional Court has ruled that the preference of spouses to registered partners for tax purposes violates the constitution.

The Federal Supreme Court’s Ruling on Claims for Compensation of Marriage-Related Benefits

The Federal Supreme Court has ruled in its recent judgment (BGH, judgment of 19.09.2012 - XII ZR 136/10) concerning the determination of a claim...

Garnishment as a means of Repossession

The law of foreclosure provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one...

The new world of work: The legal form of changing labour relations

What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and...

The Testator must write the Testament Himself (Herself) and without help from third parties

The Higher Regional Court in Hamm has ruled: a will is usually deemed invalid when it has been prepared with the help of transcripts produced by...

Untaxed Assets in the Inheritance must be Reported

All the heirs are advised to check carefully whether an inheritance could fully or partially consist of so called black money.

The Scope of the Freedom of the Media includes online Encyclopaedias as well

The State Court of Tubingen has ruled that an online encyclopaedia falls within the scope of the freedom of the media in case of publication of...

Lies in a JobIinterview can be Legitimate

Whether the candidate has eventually been prosecuted or not, is irrelevant both to the current interview and the potential future employer.

Secured business in Ukraine

Multilateral Investment Guarantee Agency (MIGA) provided guarantees for funding in Ukraine

Interim Regulations on Capital Contribution by Equities in Foreign Invested Enterprises

Minister of Commerce (“MOFCOM”) released the Interim Regulations on Capital Contribution by Equities in Foreign Invested Enterprises (“FIE”)...

Contractual Notices of Voluntary Special Payments must be Clear

According to the transparency requirement it is illegal to formulate incomprehensibly clauses of labour contracts regarding voluntary additional...

Trademark Law in Practice

Trademarks allow the proprietor to distinguish different product identifications from each other. This is why trademarks play a very important...

Australia Raises the Intellectual Property Bar

In addition to amending patent law (which is not covered in this article), the Intellectual Property Laws Amendment (Raising the Bar) Act 2012...

Corporate Debts Of A Limited Company’s Director

The director of a limited company has to make sure to have an extensive overview of the economic and financial situation of the company....

The Validity Of Copied Wills Was Confirmed By The Higher Regional Court Of Naumburg

In general a will in the original characterizes a valid proof of inheritance of a property. However, in individual cases it should be also...

New York PLLC

  By Murray LLP
PLLCs (Professional Service Limited Liability Companies) are a popular choice for professionals in New York wishing to conduct business.

Contractual Provisions Of Voluntary Special Payments Must Be Set Forth Clearly

According to the transparency requirement set forth in § 305c p. 1 of the Federal Legislation of Germany (BGB), it is illegal to express...

Common Area Maintenance in a Lease

In this article I discuss common area maintenance (CAM) expenses in a real property lease.

The Ltd. Firm Can Be Answerable For A Small Business With Similar Identity

Ltd. companies can be accountable for bad investment guidance through a business with a similar name.

A Photocopy Of A Will Is A Sufficient Proof Of Inheritance Of A Property

As a rule, a will in the original represents a valid proof of inheritance of a property. In individual cases, however, according to the Naumburg...

At The Conclusion Of The Year, Inheritance Claims Can Expire By Boundaries Of The Inheritance Reform

Bequest claims might expire at the conclusion of the year, because of legislation alteration of acquiescence using the inheritance reform. The...

The Time Does Not Matter With Regards To Community Trademark Prioritization

If for example, the main priority of a community trademark over a national trade mark is in question, the day of registration is applicable. The...

Transfer of Right of Shares - Indonesia

  By Leks&Co
Companies’ authorized capital is divided into shares. Shares is a moveable goods which give rights to the owner to attend and to vote in the...

Merger of Limited Liability Company - Indonesia

  By Leks&Co
Under Article 1 number 9 of Law Number 40 of 2007 on Limited Liability Company (“Company Law”) merger means a legal action which is taken by one...

Debt Collection in Thailand

Recovering an unpaid debt in Thailand is often a tricky task that can be made more distasteful when the debtor, whether it is Thai or a...

For the First Time the U.S. Bureau of Labor Statistics Works to Provide Eldercare Statistics

In 2011, the U.S. Bureau of Labor Statistics procured information about eldercare providers in the United States, and produced the results in...

Publishers Cannot Prevent Distribution Of Pictorial Material

When granting publishers exclusive rights, the photo-artist does not always lose the right to use individual photos of a series.

Mandatory Reporting Of Untaxed Assets In The Inherited Property

Heirs of tax evaders can eventually face prosecution, as lately tax investigation is more and more concerned about tax evasion.

Even Change Of The Company Owner Should Be Considered As Company Transfer

According to the German Civil Code (BGB), at the moment of the company transfer the new company owner takes over the rights and obligations that...

Reporting Requirement Of Inherited Untaxed Properties

Even inheritors of tax evaders should eventually take criminal prosecution against them in account, since more and more tax investigations due...

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...

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...

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...

Commercial Agency Agreement Under the New Turkish Trade Code

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

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...

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...

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...

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...

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.

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....

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...

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...

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...

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,...

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...

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...

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...

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...

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.

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.


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