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.


Payment Services New Rules for the Benefit of Consumers and Retailers - EU

In order to adapt the EU payments market to the opportunities of the single market and to support the growth of the EU economy, the European...

Fictitious Name as a Company for Sole Proprietor - Germany

A fictitious name for the company of a sole proprietor should be possibly permitted.

Burden of Proof of Management Board in Case of Damages Claims - Germany

The management board of a stock corporation has ample room for manoeuvre with respect to its duty of care. This reduces the liability risk a...

Special Purpose Entity

How can you protect your assets against creditors as a film maker?

Application of Laws to Foreign-Related Civil Relations

When negotiating a contract in China, one of the major concerns will be the governing law of the contract if a foreign party is involved as...

Business Strategy Series: VII. Transformation in the UAE

Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal...

Business Strategy Series: VIII. Liquidation in the UAE

The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a...

How to Incorporate in Panama

Panamanian corporations may be organized by two or more elderly (who may be Panamanian or foreign) as well as legal entities, for any purpose...

Myths & Facts about Panama Corporate Powers of Attorney

Corporate authority problems may arise occasionally, with Panama legal doctrine providing interesting solutions.

Possible Legal Redress in the Case of Erroneous Supervisory Board Resolutions - Germany

Despite the absence of statutory regulations, erroneous resolutions of the supervisory board can be proceeded against and actions lodged.

Business Strategy Series: VI. Amalgamation in the UAE

The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and...

Business Strategy Series: IV. Branch/Representative Offices or Foreign Companies in the UAE

The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and...

Business Strategy Series: V. Dissolution

The dissolution of a company can result in its termination.

Opening Representative Offices in the Republic of Uzbekistan

Nowadays foreign investors seek to establish their legal presence in Uzbekistan in order to better explore and understand the Uzbekistan market....

Opening Pepresentative and Branch Offices of Foreign Companies in Kazakhstan

As you know, most of the national companies in a certain period of their development set themselves the task to bring out their goods, works and...

Tax Due Diligence in M&A Transactions in Uzbekistan

The old English proverb says, “There are only two things in life that we can’t avoid, death and taxes,” – and it confirms once again the value...

Legal Aspects of Establishing a Company in Kazakhstan

Today, Kazakhstan, being one of the leading economies of the CIS countries, is "a jurisdiction open to investment activities", which opens great...

A Comparison of the Legal Use of Electronic Signatures in the U.S.A. and in Turkey

The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012))...

Business Strategy Series: III. Offshore Companies in the UAE

Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways...

Analysis of Company Laws in Poland

In Poland can be created following commercial partnerships: a registered partnership, a professional partnership, a limited partnership, a...

Dismissal of a Director without Notice Knowledge of the Board Decisive - Germany

In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the...

Incorporating a Commercial Company in the Democratic Republic of Congo under OHADA Law

There are different types of commercial companies that can exist in a member state of OHADA (the organization for the Harmonization of Business...

Commercial Rental Space Is Also Possible in Cases of Mixed Usage of Property - Germany

The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.

Business Strategy Series: II. Providing Brokerage Services in Commodities in the UAE

Futures and Derivatives Trading To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according...

Further Update on Use of Personal Data for Direct Marketing in Hong Kong

The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance...

Excluded Tenancy Liability of the Lessor in the Leasing Agreement - Germany

Special duties are assigned to the lessor if the tenancy liability of the lessor is excluded under an assignment of legal warranty claims...

Even in an LLC or Corporation, You Are Personally Responsible for Your Business Debt

Starting a new company or planning on becoming a partner in a new company? Your personal assets are not as protect as you may think. Before...

Labour Law: Failure to Observe a Deadline Can Lead to Dismissal of The Claim

It has been confirmed again and again in the jurisprudence of the Federal Labour Court (BAG) that the potentially very tight deadlines in labour...

Varied Intended Uses of the German Limited Liability Company

The intended use of a German limited liability company can be based on commercial, non-commercial or non-material activity.

Leasing of Commercial Premises Also Possible Where There Is Mixed Use - Germany

For the classification of leased premises as residential or commercial tenancies, the focus of the tenancy is decisive.

Commercial Rental Spaces in the Case of Mixed Use of the Rental Premises? - Germany

The classification of a rental space as either a residential or commercial tenancy conforms to the emphasis given by the lease tenancy agreement.

Amendment to Article 211 of the Companies Act – Private Exempt Companies

By virtue of Act 3 of 2013 Article 211 of the Companies Act was amended such that, the words "is holder of, or has any interest in, any shares...

Arbitration Is Usually Better for Business

Under most circumstances, Arbitration is a better dispute settlement process.

Classifying a Veterinarian as an Employee or a Contractor

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

Preparing to sell a Solo Veterinary Practice

In this article, I give some thoughts on preparing to sell your solo veterinary practice.

Merging Dental Practices

In this article I discuss the merger of dental practices, from a legal perspective. Without further adieu:

Tenancy Termination Possible, if Landlord Would Like to Use Property for Commercial Purpose - Germany

It is now permissible for a landlord to cancel a lease agreement contract if the landlord wishes to use the leased property for commercial...

The Purpose Of a Limited Liability Company (GmbH/Ltd.)

A company with limited liability (GmbH/Ltd.) can be established with commercial, non-commercial or non-material intended purposes.

License Agreement Arrangements in Germany

A license agreement usually refers to a contract with pecuniary interest valid indefinitely with provisions on use transfer service made...

Squattership Proceedings 101 l Corporate Hijacking Series

Familiar to everyone in connection with real property, squatting consists of occupying an abandoned or empty property that the squatter does not...

SEC Charges Securities Lawyer with Churning Bogus Legal Opinions

On March 8, 2013, the Securities and Exchange Commission (the “SEC”) charged Brian Reiss, a California securities lawyer, with churning out...

Broker-Dealer Registration 101

Broker-dealers are subject to regulation by the SEC, FINRA, Self Regulatory Organizations (“SROs”) such as stock exchanges, and the states in...

Legal Framework for the Regulation of Foreign Investments in Cameroon

The Cameroon Government in its effort to protect foreign direct investment has adopted a legal framework made up of on the one hand of national...

Business Strategy Series: I. Conducting Business in Dubai

The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. The articles below...

Due Diligence in the SEC Registration Statement Process

Private companies in going public transactions that intend to be quoted on the OTC Markets OTCQB must first become reporting with the Securities...

Raising Capital - Regulation S - Foreign Private Issuers

Foreign private issuers may raise capital in the U.S. using an offering registered on a registration statement under the Securities Act or by...

How FINRA Rule 6490 lmpacts Reverse Mergers

How FINRA Rule 6490 lmpacts Reverse Mergers

Restricted Securities 101

It has become routine for public companies and private companies seeking to go public to place restrictive legends (“Restrictive Legends” on the...

No Reimbursement Of Additional Costs In The Event Of Supplementary Performance In Sale Of Goods Law

If a businessman purchases a defective item from another businessman, he can demand the delivery of the defective item within the framework of...

A Q&A Guide to Doing Business in Angola

An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency...

Complex Questions Concerning Corporation Tax

Corporation tax is a particular form of income tax that is paid by corporations, legal persons and estates.

Assembly Bill 10: Hope for Low-Wage Workers

California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10...

Professional Service Agreements for Hospital-Based Physicians

In this article, I outline Professional Service Agreements for hospital-based physicians. I cover the fundamental terms of the contract, namely,...

Business Joint Ventures

In this article, I explain business joint ventures. A joint venture exists when two or more businesses team up to engage in a limited activity,...

Classifying a Dentist as an Employee or a Contractor

Most dental practices want to classify their hired dentists as contractors not employees. Contractors are cheaper and easier than employees. You...

Rights and Duties of a Building Developer

A developer is someone who himself or through a third party has a building project implemented at their own or someone else’s expense and is...

Solicited Marketing to Buy Gold Outside Branch Offices Objectionable - Germany

Business ideas involving the purchase and sale of gold are booming at the moment, but they are not always without legal objection.

BAG Makes A Decision In Cases Of Termination On Grounds Of Suspicion

The dismissal of an employee on grounds of suspicion had been decided in the judgment dated 25 October 2012 (Ref.: 2 AZR 700/11) by the German...

Formal Suspicion Of Criminal Offences Is Not Sufficient For Forced Termination Upon Suspicion

An employer who wishes to terminate an employee on the grounds of suspicion of a crime must pay attention to the argumentation presented in the...

Requirements for Effective Representation of Civil Law Companies - Germany

For proof of signature authority of a member of a civil law company (GbR), a company stamp is sufficient.

New Definition for Wholesale Activity - Panama

The Panama-USA free trade agreement has entailed the modification of several legislations.

Industrial Property Legislation Improvements - Panama

The industrial property legislation had significant changes, as: any registered trademark must be used within the Panamanian territory, etc.

Bipartisan Bill Looks to Crack Down on Rogue Websites

A bipartisan group in the U.S. House of Representatives recently introduced legislation intended to combat the illegal distribution of...

Long-Term Commitments of Partners in a Partnership (GbR) Can Be Inappropriate - Germany

Under circumstances an overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the...

The Consequences Of The Bad Faith Of A House Seller

The seller of a house who fraudulently conceals an existing defect is potentially unable to plead an article of agreement excluding all...

Legal Advice on the Arbitration Clause After Separation of CIETAC Shanghai and South China from CIETAC Beijing

The separation of CIETAC Shanghai and CIETAC South China from CIETAC Beijing has made a great noise, causing some confusion and legal issues...

Contracts (Rights of Third Parties) Bill in Hong Kong

It has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to...

The Commercial Agent within the Scope of the Commercial Code (HGB) - Germany

There are many different duties to accomplish pursuant to the provisions of the Commercial Code (HGB) by a commercial agent.

Stocks in Panamanian Corporations

In few months the Rules of the game for Panamanian Corporations could be changed.

A Commercial Agent’s Obligations - Germany

The German Commercial Code (HGB) contains many duties for a commercial agent. In the case of non-fulfilment of these duties the commercial agent...

Long-Term Commitments of Partners in a GbR May Be Invalid - Germany

In some circumstances a commitment of partners in a partnership organised under the German Civil Law (GbR) binding the partners to the...

Delimitation of Budget with Client to Be Conducted at Early Stage of Planning - Germany

The planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful, if the specified...

Dismissal of a Commercial Agent without Notice - Germany

Minor breaches of a restraint on competition on the part of the commercial agent do not present the businessman with a good cause for dismissal...

Possible Problems Concerning Choice of Forum Agreements in European Supply Chains

The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.

Duties of the Commercial Agent - Germany

A commercial agent has various duties to fulfill pursuant to the provisions of the Commercial Code (HGB).

Architect’s Liabilities Arising from Non-Disclosure - Germany

Architect’s liabilities arising from non-disclosure. If an architect knows that a contractual penalty was agreed in the building contract, he...

A Long-Term Commitment of Partners in a Partnership (GbR) May Be Inappropriate - Germany

An overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of...

Reduce Personal Liability from Your Business

Here is a quick outline to help you avoid personal liability from your business. You’ll see that most of the authors advice derives from an...

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”)...

Preparing to Sell a Solo Medical Practice

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

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 –...

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...


Find a Lawyer

Find a Local Lawyer