Business and Industry Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry including: agency and distributorship, agency law, business and industry, business formation, business law, commercial law, contracts, corporate governance, corporate law, e-commerce, food and beverages law, franchising, industrial and manufacturing, joint ventures, legal economics, marketing law, mergers and acquisitions, offshore services, privatization law, retail, shareholders rights and utilities.
Buy-Sell Agreements: Small Business Succession Planning Solution
June 13, 2011 By Augulis Law Firm
It is often said that you should use the correct tool for the job at hand, and in a very real sense the difference between amateurs and professionals has everything to do with utilizing the right tools.
Incapacity Planning is Important
June 7, 2011 By Purcell & Amen, L.L.C.
Planning for the latter portion of your life has its ups and downs. When you are immersed in your working years and find yourself looking forward to an active retirement it can actually be fun to map out a financial strategy that will culminate in the ability to enjoy your golden years to the utmost. And though it certainly couldn't be described as “fun,” most people are aware of the fact that they must engage in estate planning as well.
M&A in Belarus: A Market in the Making
June 7, 2011 By Glimstedt Law Firm
The M&A market in Belarus is in the making at present. However, in recent years the M&A activity has become more intense in such areas as banking, telecommunication, insurance and other sectors, mainly due to the heightened interest in Belarusian economy and constant liberalization of business regulations.
Protection of the Minority Shareholders in Belarus
June 7, 2011 By Glimstedt Law Firm
In the liberalization of the economy is actively conducted and actions for improvement of investment climate are carried out. In spite of the fact that the Republic of Belarus has worsened its positions in Doing business rating that was made by the World Bank in 2010 in comparison with the previous year and has taken only the 68th place among 183 countries, positive tendencies in the legislation regarding improvement of all indicators are observed.
Overview of M&A Transaction in Belarus in 2010
June 7, 2011 By Glimstedt Law Firm
Recently, M&A activity in the Republic of Belarus has been increasing. Despite the fact that in comparison with other member-states of the Commonwealth of Independent States (CIS), the scope of M&A transaction in the Republic of Belarus is much lower, rates of growth of M&A market in Belarus have almost doubled as compared with 2009.
How to Transfer Website According to Belarusian Legislation?
June 7, 2011 By Glimstedt Law Firm
In the course of business activity companies often face the necessity of transfer of Internet websites. The difficulty of this transfer is that a website in the Republic of Belarus is not considered as an object of intellectual property in contrast to Russian Federation. However, other objects of intellectual property can be used on a website (for example, website design, data base, trademarks and others).
How a Non-Licensed Person Can Work with a Professional Practice
June 5, 2011 By Matt Dickstein - Business Attorney
In this article, the author discusses how a non-licensed person can work with a professional practice, including the use of an administrative/management service company.
Estate Planning for Small Business Owners
June 4, 2011 By Law Offices of Richard B. Schneider, LLC
For small business owners, estate planning needs to be a big deal.
You can Contest a Will, but can you Contest a Trust?
June 4, 2011 By Law Offices of Richard B. Schneider, LLC
Many people have heard of filing a Will Contest,but many people are not aware that Trusts may also be contested,modified,or even terminated.
Deed of Establishment of a Company - Indonesia
June 1, 2011 By Leks & Co
In establishing a Limited Liability Company (the “Company”), the Company shall have deed of establishment to obtain the status of legal entity from the Minister of Law and Human Rights (“Minister”).
Capital Structure of Limited Liability Company - Indonesia
June 1, 2011 By Leks & Co
In the limited liability company (“Company”), capital is the primary factor which allows the Company to conduct their business activities. The Law number 40 of 2007 on Limited Liability Companies (“Company Law”) has set out the provision on the company capital.
Establishment of a Limited Liability Company - Indonesia
June 1, 2011 By Leks & Co
Practically, in Indonesia, Limited Liability Company is the most common form of business entities. Therefore, it is necessary to arrange laws and regulations concerning the Limited Liability Company as set out in Law Number 1 of 1995 on Limited Liability Company (“Law 1/1995”), which has been replaced in 2007 because it was no longer suitable for the developing economy in the Republic of Indonesia.
Articles of Association of a Company - Indonesia
June 1, 2011 By Leks & Co
Based on Article 8 paragraph (1) of Law Number 40 of 2007 on Limited Liability Company (“Company Law”), it is stated that a deed of establishment must contain the articles of association (“AoA”) and other information in relation to the establishment of the Company. AoA is the document that contains the internal regulations and the management of the Company.
Legal Aspects of License for the Representative of Foreign Construction Legal Entities in Indonesia
June 1, 2011 By Leks & Co
According to the Regulation issued by State Minister for Public Works Number 28/PRT/M/2006 Year 2006 (“Minister Regulation”), it is allowed for the representative of foreign construction legal entities (“Foreign Entities”) to conduct their business in Indonesia after fulfilling some requirements.
Company Incorporation in the Democratic Republic of Congo
May 30, 2011 By Yav & Associates
A foreign company wishing to establish a business in the Democratic Republic of Congo has an option between registering as an external company and forming a subsidiary in Congo. The choice between the one and the other hinges mainly on issues of convenience, privacy and tax. Sometimes, the issue of risk, or rather the limitation of risk, also comes into play. The decision at the end of the day is really a commercial one.
Foreign Invested Travel Consulting Company: A Way to Promote Outbound Tourism
May 29, 2011 By Amaris Law
With the promulgation of the Regulation on Travel Agencies as of February 20, 2009 (“Regulation”), China has opened its doors to the foreign investors in the tourism business. However, the door of outbound tourism business is still firmly closed to the foreign investors. This Article will discuss the way to promote outbound tourism by setting up foreign invested travel consulting company in China.
A Few Simple Tips for Avoiding Contract Disputes
May 26, 2011 By Rain Minns Law Firm
A lot of contract disputes could be prevented with a little bit of planning during the contract formation stages. Many individuals and small companies incorrectly assume that it was their lack of expertise that led to a problematic contract.
Late Payments in Commercial Transactions - EU
May 25, 2011 By Andreas Neocleous & Co LLC
During the ongoing crisis, the private and public sectors are under attack, often unable to react to the destructive power of evolution. Trade transactions are hit by uncertainty due to the ongoing liquidity constraints.
Capitalizing Foreign-invested Enterprises with the Equity of PRC Companies
May 22, 2011 By Guo Lian Law Firm
On 4 May 2011, China’s Ministry of Commerce (“MOFCOM”) published draft Administrative Measures Concerning Capital Contribution with Equity in relation to Foreign-invested Enterprises for public comments (“Measures”).
Bank Intro and the Private Foundation
May 20, 2011 By Molina & Co.
Tips on opening a bank account in Panama.
The Difference Between Last Wills, Living Wills and Living Trusts
May 19, 2011 By Purcell & Amen, L.L.C.
It is no secret that there are some rather arcane terms tossed around in the legal profession, giving rise to the notion of "legalese." Estate planning has its share of somewhat confusing terminology, and this is in part because of the fact that there are a number of variations of the same basic legal instruments commonly utilized.
Financing Long-Term Care
May 19, 2011 By Purcell & Amen, L.L.C.
When you are planning for the latter stages of your life it is important to recognize the substantial costs associated with long-term care. Each year the MetLife Mature Market Institute releases a detailed survey that places long-term care under the microscope, and the 2010 figures are sobering to many observers.
A QPRT Can Reduce Estate Tax Exposure
May 19, 2011 By Purcell & Amen, L.L.C.
The provisions contained within the tax relief bill that was passed through Congress and signed into law around the middle of December of last year are scheduled to expire at the end of 2012. If no new laws are passed to change the status quo, the estate tax exclusion will return to $1 million in 2013, and the tax will carry a 55% maximum rate.
Give As You Receive: Charitable Remainder Unitrusts
May 19, 2011 By Purcell & Amen, L.L.C.
When you're in the earlier stages of estate planning you are probably preparing in a rather general way for something that seems like it is a long way off. This is a good idea because it is important to have at least a rudimentary estate plan in place from a young age.
Estate Tax Changes Will Be Revisited
May 19, 2011 By Purcell & Amen, L.L.C.
We heard a lot about the legislation that was passed in the middle of December that is now being called the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 as we were ushering in the new year. As a result of this action the Bush era tax cuts were extended and the Social Security payroll tax was reduced by nearly a third for 2011. As has been widely reported there were also some changes that affect the estate tax.
Inheritance Planning and Medical Gifts
May 19, 2011 By Purcell & Amen, L.L.C.
Throughout your life you pay so many taxes you actually become desensitized to just how comprehensively you're being taxed at every turn. From the start you're left holding perhaps four dollars out of every ten that you earned after paying income taxes.
Living Wills and Durable Medical Powers of Attorney
May 18, 2011 By Purcell & Amen, L.L.C.
When you're making plans for the latter stages of your life there is more than one facet to consider. Of course the financial considerations are a large part of the exercise, but there is a health-care component to keep in mind as well. People are living to extremely advanced ages these days, and the older you get the more likely it is that you will go through a period of incapacity before you pass away.
Sustainability of Senior Entitlement Outlays
May 18, 2011 By Purcell & Amen, L.L.C.
One of the most amazing demographic realities of our time is the rapid aging of the United States population. The baby boomer generation is reaching retirement age, and as a result senior citizens are the fastest growing age group. This is more than just a statistical oddity that is interesting to mention. It also has practical implications that are very relevant to anyone who is engaged in retirement planning.
Estate Planning: Will a Software Purchase do the Trick?
May 18, 2011 By Purcell & Amen, L.L.C.
Doing things for yourself that are otherwise done by professionals can be a way to save yourself some money, and some people actually enjoy these DIY projects a great deal. If you confine your efforts to a certain milieu you can actually make a hobby of it, and many people do, obtaining all the right tools or equipment over time.
Preserving Wealth With Generation Skipping Trusts
May 18, 2011 By Purcell & Amen, L.L.C.
The recently passed Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 that brought the estate tax rate down to 35% has been a hot topic of late. In case you are unaware of the back story, the rate of the tax was scheduled to revert to the 55% that was in effect in 2001 upon the “sunset” of the Bush era tax cuts at the beginning of 2011. The tax was repealed for 2010, but from 2007 to 2009 the rate of the tax was 45%.
Reverse Mortgages: Turning the Tables
May 18, 2011 By Purcell & Amen, L.L.C.
When you are making out your mortgage check each month the thought may cross your mind that it would be nice to be in the position of the lender, receiving the checks rather than sending them. These days there is a loan product on the market that can make this daydream a reality: the reverse mortgage.
Probate and Your Estate
May 18, 2011 By Purcell & Amen, L.L.C.
Probate is the legal process of estate administration, and when you start to take an interest in estate planning you will see frequent mention of probate avoidance strategies. We have covered some of them in this space and there are some valid reasons to look for ways to avoid probate.
Incentive Trusts Can Assuage Concerns
May 18, 2011 By Purcell & Amen, L.L.C.
Being in a position to bequeath a large sum of money and/or property and other assets to your heirs can be very satisfying, providing you with the peace of mind that comes with knowing that they will be provided for financially when you are no longer going to be there for them.
Are You Eligible for Social Security Benefits?
May 18, 2011 By Purcell & Amen, L.L.C.
Social Security is a federal program managed by the Social Security Administration. Funds for social security retirement benefits and social security disability insurance come from taxes which are collected from the paychecks of every working American. There are three ways you may be eligible to receive benefits.
The Golden Ages of Retirement: 59½, 62, 65, 70½
May 18, 2011 By Purcell & Amen, L.L.C.
Do you know the best age to start withdrawing from your retirement account? Do you plan to work for a few years after you're eligible for Social Security withdrawals? Is there an age by which you must withdraw money from your IRA?) You're nearing retirement age, but maybe you're unsure at what age you can begin using that money you've socked away all these years.
How to Plan for Disabled Dependents After You're Gone
May 17, 2011 By Purcell & Amen, L.L.C.
While having others depend on you can be stressful, it can also be extremely rewarding and knowing you’re helping a loved one is always a good way to spend your time. But how do you ensure your loved one continues to receive that care after you’re gone?
Starting a Business in a Bad Economy
May 13, 2011 By Plachta, Murphy & Associates, P.C.
How a Business Attorney Can Help: A Legal Guide to Owning a Business.
Attorneys with Portable Business: 10 Factors to Consider Before Making a Lateral Move: Update 2011
May 13, 2011 By MNF Global, LLC
10 factors to consider before an attorney with portable business makes a lateral move to a law firm.
New Special System for the Operation of Free Zones in Panama
May 5, 2011 By Icaza, Gonzalez-Ruiz & Aleman
In the Official Gazette N°26,757-B of April 5th, 2011 was published the Law N°32 of the same date whereby a special, comprehensive and simplified system for the establishment and operation of free zones is established and provides other provisions. For your convenience, we have prepared the following summary of this law.
Panama and the USA Sign an Agreement for Tax Cooperation and the Exchange of Information Relating to Taxes
May 5, 2011 By Icaza, Gonzalez-Ruiz & Aleman
On the 30th day of November of 2010, the governments of the Republic of Panama and of the United States of America (“USA”) signed an “Agreement for Tax Cooperation and the Exchange of Information relating to Taxes” (“the Agreement”).
Gambling Business in the Democratic Republic of Congo
May 5, 2011 By Yav & Associates
This article discusses how to invest in the gambling business in the Democratic Republic of Congo.
New Security Review for M&A of Domestic Companies in China
May 4, 2011 By Angela Wang & Co.
To strengthen control over inbound foreign investments into the country, the State Council of the People’s Republic of China (“PRC”) on 3 February 2011 issued a Circular on the Establishment of National Security Review Mechanism on Foreign Investors’ Mergers and Acquisitions (“M&A”) of Domestic Enterprises in PRC (“Circular”). The Circular was implemented on 5 March 2011.
Companies Ordinance Rewrite: Registration of Charges and its Effect on Lenders - Hong Kong
May 4, 2011 By Angela Wang & Co.
In addition to the Companies (Amendment) Bill 2010 which was passed on 7 July 2010, Hong Kong has also taken steps since 2006 to rewrite the Hong Kong Companies Ordinance (“CO”) and the Companies Bill was finally introduced to the Legislative Council on 26 January 2011. The Bill is intended to update and modernize the CO and improve the competitiveness of Hong Kong as an international financial center.
Using Involuntary Dissolution to Resolve Shareholder Disputes
April 25, 2011 By Matt Dickstein - Business Attorney
Shareholders and partners are like married couples: they fight. It makes no difference that the dispute is between deadlocked equal partners, or between minority and majority shareholders. In both cases, the shareholders and partners need a divorce.
Can a Non-Licensed Person Work with Physicians, Medical Corporations and Group Medical Practices?
April 25, 2011 By Matt Dickstein - Business Attorney
How a non-licensed person can work with a medical practice, including the use of an administrative/management services company.
Brands as Google Advertising Keywords
April 18, 2011 By Robert Samuel Fleming Law Corp.
Anyone who is familiar with the internet knows that when you do a search you get some results that are advertising.
Issuing Securities in U.S. Private Offerings – New Higher Standard for Accredited Investors - Israel
April 14, 2011 By S. Wimpfheimer, Aronoff & Co.
When issuing securities in private offerings to U.S. investors, issuers (from companies to investment funds) often look to the registration exemptions and safe harbors afforded by Regulation D of the United States Securities Act of 1933 (the “Securities Act”). One of the key components of an exempted Regulation D offering is the “accredited investor” – the individual with significant net worth and deemed to not be in need of the protections afforded by a registered offering.
Watch Your Words When Drafting a Settlement and Release
April 14, 2011 By Schwell Wimpfheimer & Associates LLP
Say what you mean and mean what you say. That’s the message from the Delaware Court of Chancery in a recent case involving an agreement between two parties to settle their dispute. When the parties then began to fight over exactly what they had agreed to settle, the court dissected their agreement word for word.
If My Only Contact with a State Is My website, Can I Be Sued There?
April 14, 2011 By Schwell Wimpfheimer & Associates LLP
A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.
Recent Bankruptcy Court Decision May Illuminate Whether Electricity Will Be Considered a Good
April 14, 2011 By Schwell Wimpfheimer & Associates LLP
I give the experimentalist’s answer to the very fundamental but very familiar query: “What is electricity?” His answer is naïve, but simple and definite. He admits at once that as to the ultimate nature of electricity he knows nothing. –Robert Millikan, American Nobel Laureate in Physics
Concerning Legal Responsibilities of the Head of a Representative Office of a Foreign Company - Ukraine
April 14, 2011 By Legal Alliance
According to the Article 1 of the Law of Ukraine “On Foreign Economic Activities”, a representative of the foreign subject of business activity can be considered an institution or a person representing interests of a foreign subject of business activity in Ukraine that has properly registered respective authorities.
EU Quality Policy Regarding Geographical Indications and Traditional Specialities
April 11, 2011 By Andreas Neocleous & Co LLC
Since 1992, the European Union has operated three programs of product designations in order to promote and protect the names of quality agricultural products and foodstuffs. They fall into two categories: those linked to a territory and those relating to a particular production method.
Recent Changes to the Hong Kong Companies Ordinance
April 11, 2011 By Angela Wang & Co.
The Companies Ordinance of Hong Kong (“CO”) has been amended by the Companies (Amendment) Ordinance 2010 (“Amendment Ordinance”) in July 2010 and its principal purpose is to launch the electronic company incorporation and to implement a one-stop electronic company and business registration service in Hong Kong.
China's Seed Industry
April 3, 2011 By MMLC Group
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.
Determing Who to Serve 20 day Preliminary Notices Upon on a Construction Project per California Law
April 2, 2011 By George W. Wolff & Associates
Who is the owner, construction lender, or payment bond surety for purposes of serving, recording and pursuing preliminary notices, mechanics liens, and payment bond claims in California law?
Prompt Payment Laws, Laibilities & Legal Rights on Public and Private Construction Projects in California Law
April 2, 2011 By George W. Wolff & Associates
California prompt payment laws, rights and liabilities for progress and retention payments for owners, contractors and subcontractors on private and public works construction projects.
How to Record a valid Mechanics Lien; How to Maintain, Perfect & Enforce a Mechanics Lien per California Law.
April 2, 2011 By George W. Wolff & Associates
Time Deadlines, Procedures and Traps for Contractors and Subcontractors on Mechanics Liens under California Laws
California Law on What Types of Construction Claims and Costs May Be Included in a Mechanics Lien
April 2, 2011 By George W. Wolff & Associates
Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws.
Minimization of Risks of Investing in the Commercial Real Estate - Russia
March 28, 2011 By Tenzor Consulting Group
Speaking in these days about investing in general, and investing in the commercial real estate in particular, it is impossible to go round attention crisis situation, folded in a world economy. This crisis struck on the investment projects of citizens and companies stronger than on all.
Company Formation in Cyprus
March 28, 2011 By ETC: Excellent Tax & Corporation Management Ltd
The profit tax in Cyprus amounts to only 10%, irrespective of the amount of profits. Distributions of profits are not taxed.
Collective Investment Schemes under Nigeria’s Investment and Securities Act 2007
March 27, 2011 By Blackfriars LLP
Part XIII of the Investment and Securities (ISA) 2007 creates collective investment schemes in Nigeria.
5 Reasons to Form an LLC
March 23, 2011 By Cameron Kelly Law, LLC
There are many reasons to form an LLC for your business venture. Here are five.
Mandatory Use of Indonesian Language in Contracts
March 21, 2011 By Premier Law Alliance
Impact of Law No.24/2009 remains unclear and Indonesian business actors continue to be nervous about its potential scope. Risk averse parties are taking cautious approach and require agreements to be translated into Indonesian prior to execution. Parties should address this matter clearly at the beginning of a transaction and communicate with counterparts, as the position taken on whether translations will be required can materially affect costs and timeframes.
So You Wish to Establish a Foreign Representative Office in Indonesia?
March 21, 2011 By Premier Law Alliance
Before establishing a more permanent business in Indonesia, multinational companies usually establish a representative office. Granted, establishing a representative office is less complicated than establishing a foreign investment company in Indonesia. However, representative offices will only be able to handle limited activities and not performing 'real' business.
Shipping Fees without a Written Agreement - A Dispute between an Importer and a Shipping Company - Israel
March 21, 2011 By Gill Nadel Law Offices
An action for the sum of 21,000 NIS was filed to the Magistrate's Court of Haifa for a debt concerning failure to pay for continental shipping.
The Court Decides on the Accounting between an Importer and an International Forwarder - Israel
March 21, 2011 By Gill Nadel Law Offices
A decision was recently issued by the Magistrate's Court of Tel Aviv deciding on the financial arrangements between an importer and an international forwarder, on a number of subjects.
Is There a Limit to an Interest Rate? The (Ongoing) Debate between a Customs Agent and an Importer - Israel
March 21, 2011 By Gill Nadel Law Offices
A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was also filed against two guarantors for the importer's alleged debt.
Creating a Branch (Representative) Office in Russia
March 19, 2011 By CDR. Litigation Boutique, LLC
There are different forms of a foreign company's presence in Russia, one of them is a branch (representative) office.
How to Enforce a Foreign Judgment in China
March 17, 2011 By Amaris Law
A case study on enforcing a German judgment in P.R. China, showing exemplary pitfalls for foreign clients who intend to realize the enforcement of a foreign judgment in China.
What is Exactly Fair Use?
March 16, 2011 By IP Law Click, PC
Defending against copyright infringement.
An Introduction to Turkish Electronic Evidence in Civil Proceedings
March 15, 2011 By Guvener&Can Law Firm
Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.
Creating an LLC in Russia
March 14, 2011 By CDR. Litigation Boutique, LLC
If you want to start business in Russia, there are several legal issues you have to consider. First of them is the legal form of the entity. Herein we shall discuss limited liability company as one of the most popular opportunities.
What Amounts, Claims and Costs May be Included in a Mechanics Lien under California Law.
March 12, 2011 By George W. Wolff & Associates
Amounts Recoverable on a Mechanics Lien under California Law
How to Substitute Listed Subcontractors On California Public Contracts under the Fair Practices Act Law
March 12, 2011 By George W. Wolff & Associates
How to substitute or remove listed subcontractors on California public works government construction jobs under the Subletting and Subcontracting Fair Practices Act, Public Contract Code sec. 4104, 4106 & 4107.5 substitution procedures and hearing procedures, lawsuits by substituted subcontractors for lost profits, and other concerns for listed subcontractors and substitute subcontractors.
International Sales: Standard Forms and Incoterms
March 11, 2011 By Villagran Lara, Attorneys
The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.
The Weaknesses of the Mauritian Banking System
March 10, 2011 By Wortels Lexus
The figures brought forward by our economists and the various statistics demonstrate the brightness of the banking sector in Mauritius. International and local papers usually praise such performance by using the figures as common denominator. On the other hand, is there anybody caring of the well being of the banks’ customer ?
The Court: an Unsigned Contract with a Logistics Services Supplier Is Binding - Israel
March 9, 2011 By Gill Nadel Law Offices
From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.
Using Involuntary Dissolution to Resolve Shareholder Disputes
March 6, 2011 By Matt Dickstein - Business Attorney
Shareholders and partners are like married couples: they fight. It makes no difference that the dispute is between deadlocked equal partners, or between minority and majority shareholders. In both cases, the shareholders and partners need a divorce.
Getting Started on a Commercial Eviction: the 3-Day Notice
March 6, 2011 By Matt Dickstein - Business Attorney
This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant defaults on the lease (usually by not paying rent) the landlord cranks up the machinery of eviction by serving a 3-day notice.
Employment Contracts with Foreign Citizens in Russia: Fixed-term Vs. Non-fixed
March 5, 2011 By Levine Bridge Law Firm
The issue of duration of employment contracts entered into with foreign citizens in relation to Russian labor law often arises in the course of recruiting foreigner employees in Russia.
Some Things You Should Consider before Buying a Business in Queensland - Australia
March 2, 2011 By Riba Business Lawyers
Before a buyer can enter into a contract to purchase a business it is important to seek advice in relation to the most effective structure for use as the purchasing entity.
The Romanian Trade Register
February 28, 2011 By Taralunga & Taralunga Law Office
Regarding its organizational structure, the Trade Register shall be kept by “The Trade Register Office”, which is organized in every county and in Bucharest, near the local trial court.
Setting up a Company in Romania
February 28, 2011 By Taralunga & Taralunga Law Office
General information for foreign investors.
Start-up Business in Russia
February 28, 2011 By Tenzor Consulting Group
In an existing macroeconomic situation Russia is a quite advantageous partner and object of foreign investments in the context of the population of the country is about 141 million people while the number of economically active population is 76 million people. Besides the country undergoes increase of Gross Domestic Product up to the level of middle 2008. According to forecasts of the Russian Ministry of economic development they plan increase of GDP to 5-11 % for 2010-2012.
Delay for a French Commercial Agent to Notify His Intention to Claim Damages after Termination of His Contract
February 18, 2011 By Olivier Vibert
When a commercial agency contract is terminated the commercial agent under French Law can claim indemnities unless he has committed serious negligence. The French commercial code provides that the commercial agent is obliged to notify his intention of claiming indemnities within a year from the termination of his agency contract. The Cour de cassation, French civil Supreme Court, in a recent decision has had the opportunity to detail when this delay really started.
What Is the Best Legal Structure for Your Business?
February 12, 2011 By Paul R. Hales, Attorney at Law, LLC
Operating, owning or starting a business is increasingly complex. Good business planning, whether for new or existing businesses must take into account the legal issues the business will face and consider the best legal structure for the business in today's regulatory environment.
Revision of the Czech Republic Civil Code
February 11, 2011 By Andreas Neocleous & Co LLC
In the Czech Republic, work is nearing completion on the revision of one of the most fundamental laws, namely the Civil Code.
The Law Applicable to Contractual Obligations (Rome I Regulation) Concluded by Cyprus Companies
February 9, 2011 By Andreas Neocleous & Co LLC
A summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies.
European Private Company or Societas Privata Europaea - Cyprus
February 9, 2011 By Andreas Neocleous & Co LLC
Thoughts on the question whether the born-to-be European private company could potentially compete with a private limited liability company under Cyprus law.
Corporate Taxes and Company Registration in Bulgaria
February 3, 2011 By Trifonov Law Offices
Major advantages of setting up a company in Bulgaria.
Turkey’s New Merger Control Regime
February 1, 2011 By Kolcuoglu Demirkan
The long-awaited “Communiqué on Mergers and Acquisitions Calling for the Authorization of the Competition Board” (the “New Communiqué”) was published in the Official Gazette on 7 October 2010. The Communiqué, which entered into force on 1 January 2011, introduces a new merger control regime, in line with recent developments in European Commission (the “EC”) legislation.
Personal Liability of Directors & Shareholders in Ontario, Canada
January 31, 2011 By Wagner Sidlofsky LLP
In Ontario, businesses are incorporated for many reasons including shielding its shareholders from personal liabilities. The Ontario Business Corporations Act's oppression remedy is one way in which debtors may pierce the corporate veil. This article discusses another difficulty for shareholders. Canadian courts have found shareholders' personally liable when said shareholder failed to "bring home" to the debtor that he is negotiating on behalf of his corporation.
Understanding Commercial Leases
January 27, 2011 By Matt Dickstein - Business Attorney
In this article the author explains the basics of commercial leases.
Legal Compliance Checklist for a Medical Corporation
January 27, 2011 By Matt Dickstein - Business Attorney
In this Article, the author gives you a legal compliance checklist for your medical corporation.
Should you Incorporate Your Medical Practice?
January 27, 2011 By Matt Dickstein - Business Attorney
In this Article, the author answers the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical corporation?
Shareholders Agreements in Russian Joint-Stock Companies
January 25, 2011 By Lidings Law Firm
The possibility to conclude shareholders agreements in joint-stock companies emerged after enactment of the Federal statute, dated June 3, 2009 No. 115-FZ. «On Amendments to the Federal Statute “On Joint-stock Companies» and to the Article 30 of the Federal Statute «On the Securities Market». The Statute amended another Federal statute: «On Joint-stock Companies» with article 32.1 that determined the form, the status and restrictions at the conclusion of shareholders agreements.
Why Have an Agreement? - Canada
January 19, 2011 By Anurag Gupta Professional Corporation
We have all heard of the saying “he says-she says”. Absent an agreement, the “he says-she says” can become a problem, especially for the grieving party. We have heard of prenuptial agreements, separation agreements, commercial agreements, confidentiality agreements, and a plethora of other agreements. It is conceivable to draft up an agreement for any given situation.
New Patent Annuity Regulations in Ecuador
January 19, 2011 By Bermeo & Bermeo Law Firm
New Patent Annuity Regulations in Ecuador increased maintenance fees and changed the payment deadlines, annuity number and amount to pay. Changes affect granted patents, new and previously filed applications. It is very important to establish the new rules to avoid the abandonment of the patents...
Canadian Litigants Battle over Scope of Arbitration Clauses
January 19, 2011 By Ellyn Law LLP
In Canadian courts, arbitration agreements are broadly interpreted and if a dispute could arguably fall within the scope of an arbitration clause, the court should refer the parties to arbitration. Courts should permit the arbitrator to determine if the claim falls within the scope of the arbitration clause. However, that doesn't mean there is no litigation over arbitration clauses.
