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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.


General Power of Attorney Versus Health Care Power of Attorney

When you begin the estate planning process, you will be approached with the terms “General Power of Attorney” and “Health Care Power of...

Does My Family Need a Trust?

Just about every family out there can benefit from a Trust in some way. In fact, a Trust is not something designed specifically for the rich and...

Hurried to Cancel a Contract? You'll Pay! - Israel

This article is dealing with the Israeli contracts law. Many companies customarily establish a joint venture for importing and marketing certain...

Liability Of Partnerships Under Civil Law Decided By Federal Court Of Justice - Germany

A judgment from the German Federal Court of Justice (file number: II ZR 197/10) made clear that an associate can still be held liable even after...

A Ltd. Company Can Be Liable For A Small Business With The Similar Name - Germany

According to a recent judgment of the German Federal court of justice (BGH - judgment from 05.07.12 - II ZR 116/11), a limited liability company...

Ruling Of The Liability Of Partnerships Under Civil Law (GbR) - Germany

The judgment from the German Federal Court of Justice (file number: II ZR 197/10) made clear that an associate can be held liable even if he has...

Commission For Trade Representative Contracts Can Be Regulated - Germany

Contradictory contractual commission regulations of trade agents can be found invalid. The higher regional court of Munich (Az. 23 U 4793/11)...

Co-Partner Of A Limited Partnership Can Be Excluded - Germany

Along with the explanation to the co-partner, it requires the adoption of resolutions by the other partners to evoke the exclusion of a...

Faulty Organization By A Manager Of A Limited Liability Company - Germany

According to a recent judgment by the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it is the responsibility of the manager...

Debt Financing: Obtaining Foreign Currency Loans From Foreign Creditors - Ukraine

Until May 7, 1997, much to the ongoing dismay of the Western financial world, debt financing was not an option for most Ukrainian companies. The...

You Need a Lawyer When Coming into China

Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are...

Home Equity Conversion Mortgages: An Overview

When you are engaged in the process of retirement planning, you are going to want to be apprised of all of your options. With this in mind we...

Estate Planning and the Types of Power of Attorney

There are many different types of power of attorney; in fact, there are so many that someone could be easily overwhelmed when trying to decipher...

Ways to Keep Your Estate Plan Simple

You can’t take it with you. This is one of the simple, inalienable truths about dying, and, like it or not, your relatives know this. So if you...

Trust Can Play a Role in Pet Planning

Some people want to provide for minors or adults who are incapable of making their own decisions when they are making preparations for the...

An Explanation of Unified Gift/Estate Tax

levy that is imposed on gifts that you give to others if they exceed a certain amount. Every year you can give as much as $13,000 to any number...

Who Will Care for Your Pet After Your Passing?

Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the...

T-Shirt Estate Plans

Have you ever purchased a one size fits all T-shirt? I'm not sure why companies make these things. They don't actually fit anyone. They are...

Claim Your Inheritances

Most people do just about everything they can legally do to get as much money as they possibly can. This makes it amazing when someone appears...

A Post for Men

Forgive me, ladies, but this is a post for the men in the audience. You can read it, but it is not for you. This post is for men who spend any...

Someone is Wrong on the Internet

There is an old Internet meme that shows a picture of a man looking at a computer while a woman stands in a doorway behind him The picture is...

How Do You Provide for Pets When Planning Estate?

If you were to get yourself a dog or cat as a senior citizen you may be taking a very positive step. It is not uncommon for elders to experience...

Digital Planning: Communicate Relevant Information

Estate planning in the digital age is going to require communicating relevant information to your executor or personal representative. These...

Pet Planning: Provide for Your Pooch

You must think everything all the way through when you are interested in being totally and comprehensively prepared for the inevitable. With...

SSA Requiring Benefit Recipients to Go Paperless

Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging...

International Trademark Applications Based on Australian Registered Marks

Australia is a member of the Madrid Protocol – an Australian trade mark owner can apply to register its trade mark in other countries that are...

Australian Trademark Myths and Misconceptions

There are numerous myths and misconceptions about trade marks. Here are some that relate to Australia. Your Australian registered trademark...

Motivational Estate Plans

Perhaps some of your family members are not as motivated to make something out of their lives as you are. It is frustrating when that family...

Cancer Strikes When You Don't Expect It

I have an old friend that I only know through the Internet. I'm not sure how we met. It was a long time ago. It was probably through a mailing...

Estate Plan Considerations for Those Who Are Expecting

Pregnancy is one of those significant life events that cause us to make a great many changes in our lives. One thing to which being pregnant...

GATT Law: Indicative Prices and Their Use for Determining Customs Valuation - Pakistan

World’s economies are closely woven and interrelated with each other, individual states are thus required to be more efficient in application of...

Financial Discussions When Mom and Dad Get Old

It can be very difficult for adult children with aging parents to accept that the people who raised them are now coming to the age where they...

Why Should I Use a Living Will Registry?

A living Will registry is a good idea. It’s like an insurance plan that covers your wishes instead of your property. Although the subject matter...

Flawed Organizing By A Manager Of A Limited Liability Company - Germany

As documented in the latest judgment by means of the Federal Court of Justice (BGH, II ZR 243/11 from the 19.06.2012), it's the obligation of...

Regulation Of Fees For Trade Representative Contracts In Germany

Contractual commission regulations of trade agents can be void if they are contradictory. According to a ruling of the higher regional court of...

Limited Partnership Can Exclude A Co-Partner - Germany

The adoption of resolutions by the other partners is necessary to evoke the exclusion of a co-partner from a limited partnership, along with the...

Certain Time Irrelevant For Community Trademark Prioritization - Germany

Where the priority of the community trademark over a national trademark is in debate, then the day of registration is pertinent and not the...

Managers Of A Limited Liability Company Can Be Liable For Faulty Organization – Germany

It is the responsibility of the manager of a Ltd Company to have a decent enough overview of the financial and economic situation of the...

Doing Business in the Republic of Trinidad and Tobago, Legal Series

Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the...

If a Shipment Arrives in Delay, does this Justify Withholding Payment? - Israel

This is an article regarding the reasons to cancel a delivery contract. The magistrate’s court of Haifa has recently decided to accept the...

Cargo was Stolen from a Warehouse? The Warehouse will be Required to Pay the Import Taxes - Israel

This article is dealing with the responsibility of a warehouse to the goods that are storage in it. Many importers enlist the services of the...

Israel - The Port Lost a Container? The Port will Recompense the Importer

This is an article regarding the responsibility of a port to the containers that are storage in it. The magistrate’s court of Haifa recently...

Israel - In Which Cases is the Insurer Permitted to Refuse Providing Compensation for Damage to a Shipment?

This is an article regarding insurance law. Many times, the court will be presented with a subrogation in which an insurance company that has...

Advertising Discounts, Distribution Fees and Warranty Fees in Israel

This is an article regarding advertising discount and distribution fees. The Customs Authority has recently published a draft of a position...

The Name "Design Center" is Not Entitled to Protection as a Trademark - Israel

This is an article regarding the trademark law in Israel. The Central District Court rejected the lawsuit submitted by the home design center...

Principles of Registered Capital System in Non-Public Turkish Companies

The communiqué on principles of registered capital system in non-public companies has been declared by the Ministry of Customs and Trade...

Answering Unified Tax Questions

The estate tax and the gift tax are unified under the tax code. We would like to provide a basic explanation with regard to what exactly this...

Expanded Medicaid Might Impact Private Plans

There is no doubt that you have heard a great deal of information bandied about regarding the Patient Protection and Affordable Care Act (PPACA)...

GUIDE TO ESTABLISHING AND DOING BUSINESS IN UGANDA

The registration/ formation and management of companies are governed by the companies Act 2012 and several other laws such as the Investment...

Turkey: Collection of the Footballers’ Receivables

This article summarises the legal remedies available to both Turkish and foreign players for the collection of their receivables in Turkey.

Singapore Business Law - Letters of Intent and What They Achieve

Business owners generally assume that a Letter of Intent made precursory to a contract would be legally binding and entitle you to legal...

Singapore Business Law - Protect Your Assets With Keyman Insurance

Have you ever considered whether or not your business could continue without you or your key employees? “Keyman Insurance” is an insurance...

Singapore Business Law - Shareholders' Agreement : What's In It for Me?

Why do you need a Shareholders' Agreement? Reducing uncertainty, providing investors with evidence of stability in the business; minimizing the...

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas...

Singapore Business Law - Employee or Freelance Contractor?

In recent years, the Singapore Law Courts have come down hard on companies who hire “temps” or freelance contractors as a means to avoid paying...

Singapore Business Law - Checklist for a Distributor Agreement

Business expansion comes in many different forms. One of the most common methods of used by the small businesses in Singapore to expand their...

Purchaser's Guide When Doing Business in China

As an international trade attorney in China, I have tackled many case of international trade dispute. I think if buyer has advice before buying...

Iron from China Instead of Russia- Is this a Breach of Contract? - Israel

This article deals with the ruling of the Israeli court regarding a contract about imported iron. The Haifa District Court has recently deferred...

Unified Exclusion Applies to Estate Plus Taxable Gifts

You may have heard the term "unified exclusion" if you have started to do any research into the field of estate planning as you look ahead...

Shedding Light on Unified Gift/Estate Tax

The taxes that are imposed on transfers of assets are something to take very seriously when you are interested in wealth preservation. These...

Protecting Your Assets from Expanding Nursing Home Costs

Nursing home costs are rising, which could be detrimental to your financial health should you find yourself in need of nursing home care, or...

Study Reveals Dangers of Elderly Loneliness

Seniors who don't have a lot of strong social connections may be putting their health at a significant risk. Researchers have long known that...

Introduction of the Malta Recognized Incorporated Cell Company

In the 17th April 2012, the Companies Act (Recognized Incorporated Cell Companies) Regulations (the “Regulations”) were incorporated into...

Malta Retirement Program Rules 2012

In October 2012, the Maltese Government has issued a special tax status for retirees from EU, EEA countries and Switzerland when remitting their...

Business in Peru

Peruvian corporations can be incorporated by a 100% of foreign shareholders. The most common corporations are the publicly-held corporation...

Will Updates Can Require Care

It isn't uncommon for a new client to walk into an estate planning attorney's office and ask if the attorney can make a quick update to a Will....

Pet Planning Solution: Pet Trusts

Estate planning involves making provisions for those that you care about, and with this in mind you must remember to include your pet. Yes, pet...

New Statutory Rules on Disclosure of Price Sensitive Information in Hong Kong

In order to maintain the integrity of Hong Kong stock market and to ensure a fair and informed market, a new Part XIVA of the Securities and...

Can Creditors Attack a Family Member's Inheritance?

It is a good idea to think things all the way through when you are engaged in the process of inheritance planning. Getting resources into the...

The Advantages of Trading Through a Limited Company in the Bahamas

Is your business trading in the most cost effective way and is your legal status adequately protected? Choosing the best legal ‘vehicle’ through...

The Gift Tax, the Estate Tax and Your Family's Future

It is important to be aggressive about tax planning in light of the heavy toll that the federal estate tax can take on your legacy. To be able...

Probate Avoidance Would Have Helped Hemsley

There are certain pitfalls that go along with this and you should be aware of them before making any final decisions. During probate anyone who...

Unification of Gift and Estate Tax

To be able to proceed intelligently when you are planning your estate you must have an understanding of the relevant tax laws. There are those...

DIY Legal Documents Objectively Examined

Oklahoma City estate planning attorneys are licensed to provide legal services to their clients. They are bound by professional guidelines. That...

Reverse Mortgages vs. A Line of Credit – Which is Right for You

For many elderly Americans, the golden years are fraught with concerns over money instead of spent sitting on the front porch sipping iced tea....

Don't Wait for an Estate Plan

The Jefferson’s was always one of the funniest television shows around. It's still funnier than most of the shows that have come afterwards....

Estate Planning and Former Spouse Beneficiaries

The process of divorce is extremely emotional and stressful for people, so, as a result, it is quite easy to overlook important details. One...

Leaving a Veterinary Practice / Closing a Veterinary Practice

This is the last article in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary...

Can a Veterinarian Compete Against His or Her Former Practice?

This is Article #5 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary...

Bringing a New Veterinarian into a Vet Practice

This is Article #6 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary...

Buying and Selling a Veterinary Practice

This is Article #7 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary...

Don't Wait Until After the Election

On our blog, we have recently been posting about the Presidential candidates proposals for changing the estate tax and investment taxes. The two...

Retiring Without Spending Everything

Many people have a very similar problem. They want to know how to save enough for their own retirement and still have money left over to leave...

Are All Conditional Gifts Valid?

There is nothing unusual about making an inheritance conditional on something else. Conditional gifts are as old as estate planning itself. For...

How to Protect Against Identity Theft

In today’s digital age, identity theft is a serious concern for everyone. Not only is stealing an identity potentially easier in the electronic...

Should I Appoint Co-Trustees?

For many people, a comprehensive estate plan includes one or more trusts. Trusts offer numerous advantages such as flexibility, control and both...

Hidden Assets That Warrant an Estate Plan

One of the most common reasons people give for not creating a comprehensive estate plan is that they do not believe they have enough assets to...

Types of Probate Property

What does it mean when an attorney tells you that something is probate property? What about non-probate property? If you don’t know, then you...

Recent NBER Findings Can Provide Motivation

Sometimes you can be motivated by the difficulties that others have experienced and avoid the pitfalls that led them into unenviable positions....

Achieve Three Objectives With Alaska Trusts

It is nice to be able to achieve multiple objectives through a single action and in many cases this can be done in the financial planning field....

Consumer Reports: Don't Go DIY Route with Last Wills

When websites that offer do-it-yourself estate planning documents started to appear and advertise aggressively licensed attorneys began...

Will Your Funeral Be What You Wanted It to Be?

For many of us, how our funeral is handled when we die is important. You may have very specific ideas about what type of service you want and...

Celebrity Estate Planning News: Hemsley Will Contested

We like to pass along news about the estate planning successes and failures of celebrities from time to time and there is an interesting...

Legal Professors Examine DIY Last Wills

When you are looking for the facts with regard to products and services a highly respected go-to resource is Consumer Reports. Their website and...

Money Laundering, Asset Forfeiture and Recovery and Compliance Country Report: Turkey

Turkey, even restructured its banking sector several times, has still not made sufficient progress in money laundering and compliance...

Legal Professors: Do-It Yourself Notions Not a Viable Substitute

Consumer Reports magazine tackled a subject that is near and dear to estate planning attorneys recently and we would like to pass along the...

Challenge to Actor's Will Demonstrates Probate Pitfall

People sometimes choose to take steps to enable the future transfer of their assets to their loved ones outside of the probate process. When you...

Scratch Below the Surface before Using Joint Accounts

There are times when you may hear someone make the case for a simple solution to a complex problem and find yourself buying into this...

Co-Ownership of Property and Avoiding Probate – 3 Questions

Question 1: Are There Different Types Of Co-Ownership of Property? Yes, and not all types of property co-ownership avoid probate. The different...

3 Tips for Vacation Planning and Your Estate Plan

The average American probably spends a lot more time planning for a vacation than they do planning their estate. If you haven't already done so,...


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