Business and Industry Law Articles

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

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.
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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...

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...

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...

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...

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...

How FINRA Rule 6490 lmpacts Reverse Mergers

How FINRA Rule 6490 lmpacts Reverse Mergers

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...

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...

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?

Legal Compliance Checklist for an Accountancy Corporation

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


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