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.
Company Registration in Thailand
June 24, 2010 By Siam Legal International
As in most countries, Thailand recognizes three types of companies; sole proprietorships, partnerships, and limited companies. All of these entities must comply with the Ministry of Commerce and their registration procedure. The most common type of foreign entity is the limited company.
Buying and Selling a Medical/Dental Practice
June 20, 2010 By Matt Dickstein - Business Attorney
Buying or selling a medical, dental or other health care practice is a complex process. Legal, tax, accounting, valuation and psychology issues are all involved.
Valuation in Buying or Selling a Business
June 20, 2010 By Matt Dickstein - Business Attorney
Both the buyer and the target should value the target. Buyer does so for obvious reasons, and target does so to determine the asking price for the business.
Buy-Sell Agreements
June 20, 2010 By Matt Dickstein - Business Attorney
In this article the author explains buy-sell agreements. Buy-sell protects a business from its owners, specifically
their deaths, disabilities, divorces, disputes, bankruptcies and creditors.
Bringing Legal into Strategy Development: A New Blue Ocean? - Canada
June 11, 2010 By Robert Samuel Fleming Law Corp.
Bringing legal expertise into business strategy development is the natural conclusion of the process which the author has advocated of lawyers to becoming more nuanced and practical business advisors.
Business Opportunities in Legal Services - Canada
June 8, 2010 By Robert Samuel Fleming Law Corp.
Looking for innovation in the delivery of legal services leads naturally to an examination of business of lawyering, as opposed to the practice of law, and there is a large range of potential new business models to be considered.
Direct Foreign Investment Law in Turkey
June 6, 2010 By Cindemir Law Office
The article aims to clarify the conditions of being foreign investor in Turkey and the scope of Turkish Direct Foreign investment law which come into force August 20, 2003.
The Restoring American Financial Stability Act of 2010 – Some Important Highlights
June 6, 2010 By Schwell Wimpfheimer & Associates LLP
The U.S. Senate recently passed the Restoring American Financial Stability Act of 2010 (“RAFSA”). The Bill contains numerous provisions that would significantly impact all U.S. public companies (regardless of size), including corporate governance and executive compensation.
Recent CDC Data Reveals Little Progress in Minimizing Food Poisoning
May 20, 2010 By Brown Chiari LLP, Attorneys at Law
While recent media reports have shown a slight decline in the occurrence of E. coli O157:H7 infections in 2009, these reports covering current CDC data on food poisoning have revealed that no real progress has been made in six years to reduce the incidence of dangerous pathogens in our food supply.
Employment-related Consequences of Workplace Transfer - Turkey
May 20, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses employment related consequences in asset purchase deals in Turkey.
Buying a Commercial Property for Your Practice? HST vs. Creditor Proofing
May 19, 2010 By Anurag Gupta Professional Corporation
Your practice is doing well. Interest rates are low. Your lease is about to expire, and you are tired of paying rent. You want to buy a commercial property (the “Building”) that will be owner-occupied. You may also have additional space available for rent. After some time, you may want to sell the Building or rent it out in its entirety. So what do you do?
Legal Compliance Checklist for a Start-Up Franchisee
May 16, 2010 By Matt Dickstein - Business Attorney
Buying a franchise can feel overwhelming. You worry about all the things you know, and you worry about all the things you don’t know. I write this checklist to fill in the great unknown. This checklist gives you a bird’s eye view of legal compliance for your start-up franchise.
China Clarifies Procedures of Tax Refund and Exemption for Foreign-invested Research and Development Centers
May 13, 2010 By Guo Lian Law Firm
On 22 March 2010, China’s Ministry of Commerce, Ministry of Finance, General Administration of Customs and the State Administration of Taxation jointly issued Circular on Measures of Qualification Review for Tax Refund and Exemption Granted to Foreign-invested Research and Development Centers concerning Equipment Purchases to clarify the procedures that foreign-invested R&D Centers shall follow when claiming refund or exemption of import taxes imposed on purchase of equipment.
Piercing the Corporate Veil under Turkish Law
May 11, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses evolution of piercing the corporate veil theory under Turkish law.
Business Without the Taint: How to Avoid Corruption
May 8, 2010 By Dr. Ulrich Eder, Attorney
The article gives an overview about the German criminal legislation against cross-border corruption.
Tax Imposed on Business Companies Operating in Ethiopia
May 5, 2010 By Fikadu Law Office
If you are a business company intending to open a new business here in Ethiopia or have an already established business, here is a list of taxes imposed on business companies operating in Ethiopia.
Mining in Ethiopia: Mining Law in Perspective
May 5, 2010 By Fikadu Law Office
Mining is one of the best areas of investment in Ethiopia. If you wonder to know the legal requirements of mining investment in Ethiopia here are the details.
Trademark- Registration, Protection & Enforcement in India
April 26, 2010 By Mars & Partners
Trade Marks (TM) are the more efficient form of creating brand value of any product or service. Generally speaking, a Trade Mark is a distinctive sign or indicator that is used by business organization, entrepreneurs and others for the purpose of enabling their consumers to identify the source of its products and/or services while distinguishing such products or services from those of others.
China’s Anti-Monopoly Bureau - Decision to Approve HP’s Acquisition of 3Com
April 25, 2010 By MMLC Group
HP and 3Com Corporation (3Com) announced in November 2009 that they had entered into a definitive agreement under which HP will purchase 3Com, a leading provider of networking switching, routing and security solutions, at a price of $7.90 per share in cash or an enterprise value of approximately $2.7 billion. The Chinese government approved this transaction in early April 2010.
Construction Adjudication - How to Win!
April 22, 2010 By Clarke Willmott LLP
This is a practical guide to how to win a construction adjudication.
Due Diligence! Buyer Beware!
April 17, 2010 By Anurag Gupta Professional Corporation
This article will briefly discuss the advantages and disadvantages of the two common structures – share purchase or asset purchase arrangements.
New York Treatment of Non-Disclosure / Non-Compete Agreements
April 17, 2010 By Bukher & Associates, P.C.
A non-disclosure or non-compete agreement is basically a contract between the employer and its employee where, for some valuable consideration (like a job and salary), the employee promises not to divulge any sensitive information learned during the course of employment or the employee promises not to go work for competitors for some period of time after the employment terminates.
New York: LLC versus S-Corp Formation
April 17, 2010 By Bukher & Associates, P.C.
If you have researched forming an LLC in New York, you probably ran into the state's little extortion scheme. New York requires all LLCs to file a Certificate of Publication within 120 days of formation or else lose said formation.
The Role of Due Dilligence in Acquisition of Mining Assets - South Africa
April 16, 2010 By Masephule Dinga
Defining the Risks
Joint Ownership of Real Property Can Create a Partnership
April 14, 2010 By Jensen & Leiberan
Joint ownership of real property can create a legal partnership even when the creation of a partnership is not the intent of the parties.
Getting the Deal Through – Franchise 2010 - Cyprus
April 13, 2010 By Georgiades & Mylonas, Advocates & Legal Consultants
Before proceeding with the conclusion of an Agreement with a Franchisor a decision must be taken as to what form the franchisee will take, there are several options, these being namely as a sole trader, a partnership or a limited company.
Corporate Recovery and Insolvency 2009 - Cyprus
April 13, 2010 By Georgiades & Mylonas, Advocates & Legal Consultants
How does a creditor take security over assets in Cyprus? A bona fide creditor may attempt to take one of the following actions to enable them to take security over assets in Cyprus.
Noncompete Agreements That Stick in Massachusetts
April 9, 2010 By Sally & Fitch LLP
What can be included in a valid noncompetition agreement?
Strategies for Negotiating a Construction Contract
April 8, 2010 By Matt Dickstein - Business Attorney
Real estate owners and construction contractors sue each other all the time. The reason is simple – construction rarely goes as planned.
PCI DSS: Is Your Company Compliant?
April 7, 2010 By Lorenz
The Payment Card Industry (PCI) Data Security Standards (DSS) is a set of comprehensive requirements for enhancing the data security of customer details from card transactions. Find out why every company that is accepting online debit or credit card payment should be aware of these standards.
Companies Law – Winding Up of an Unregistered Foreign Company in Hong Kong
April 1, 2010 By Angela Wang & Co.
A company was incorporated in the Cayman Islands and its shares were listed on the main board of the Singapore Exchange Securities Trading Limited.
Considerations Regarding Delaware v. Nevada Incorporation
March 24, 2010 By The Stewart Law Firm
Because of the quality and predictability of the Delaware court system, we generally advise incorporation in Delaware, all other things being equal.
The Nigerian Petroleum Industry Bill - Part 2
March 24, 2010 By Bloomfield Advocates and Solicitors
Indeed, one of the three issues considered the “pillars” upon which upstream oil and gas investments are based is the fiscal regime of the host State. In other words, an investor in an international petroleum transaction intending to invest in a petroleum regime would conduct its due diligence before committing risk capital by looking at, amongst other things, the issue of ‘government take’ versus ‘ investor take’.
The Ultra Vires Doctrine under Turkish Law
March 23, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses the ability of companies to enter into specific transactions (limits of corporate powers) under Turkish law.
Risk Governance in South Africa
March 19, 2010 By Masephule Dinga
A new dawn is upon us with the introduction of the King III Report on Corporate Governance, 2009 and the Companies’ Act 71 of 2008. The recent regulatory developments will undoubtedly give our corporate law landscape a major facelift, especially in the area of Risk Governance.
Business Formation in India - Entry Strategies for the Foreign Investors
March 18, 2010 By Mars & Partners
A Foreign Company planning to set up its business operation in India has number of options to establish its direct as well as indirect presence in India. This article provides an outline.
Purchase Contracts: Best Practices for Buyers and Sellers in China and Taiwan
March 17, 2010 By Pamir Law Group
Every company is at some time both a buyer and seller of goods and services. Negotiating and signing clear and balanced purchase contracts is the most effective way to protect your company’s reputation, revenues, markets and customer relationships. The market is the most effective teacher of “best practices”, and if you learn from the mistakes of others, you will be wiser and wealthier.
Compulsory Use of the Turkish Language in Agreements Executed in Turkey
March 16, 2010 By Akdogan Uslas, Attorneys at Law
This article discusses the compulsory use of the Turkish language in agreements executed in Turkey and its exceptions.
Carriers Liability Insurers - to Pay or Not to Pay - Malaysia
March 11, 2010 By Rahayu Partnership
It is therefore important for parties entering into contracts and agreements to seriously consider the implied and express conditions/term of the contract or the agreement.
Five Questions to Ask about Company Liquidation in China
March 8, 2010 By V&T Law Firm
Know the liability of shareholders or directors in case of non-performance of liquidation liability.
How to File a Mechanics Liens under California Law within Legal Time Limits and Lien Enforcement Procedures
March 6, 2010 By George W. Wolff & Associates
There are strict and very very short deadlines for recording and filing suit on a mechanics lien (or a stop notice) on a private construction project in California that run from "completion" of a construction project, or from the owner's recording of a "notice of completion" or "notice of cessation of labor" on a project. Failure to meet these deadlines for recording and filing suit can result in the complete loss of your lien rights and your ability to collect what is owed.
Liability Arising From Tax and Other Public Debts in Limited Liability Companies - Turkey
March 3, 2010 By Mehmet Gun & Partners
In principle, the liability of shareholders or partners of joint stock companies and limited liability companies is limited to their capital commitment. However, being a partner or a legal representative in limited liability companies encumbers additional liability with regard to tax and other public debts of the company and such additional liability is generally disregarded by foreign investors.
Looking Towards the Future of Your Family Owned Business
March 2, 2010 By The Gierach Law Firm
Many business owners own family businesses that were either started by them or that were inherited from their parents who started the family business.
Disclosure or Ponzimonia - Turkey
February 26, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses the duty of the publicly held companies to disclose material events under Turkish capital markets legislation.
First Step in Turkey: Liaison Office or Branch?
February 26, 2010 By Akdogan Uslas, Attorneys at Law
This article mainly discusses the two formations that foreign investors prefer to establish in Turkey before incorporating a separate legal entity.
On Dealing with Lien Claimants
February 21, 2010 By Bill Daniels Law Offices, APC
Recognizing and acting on liens is an important part of any practice.
China Promulgated Rules of Registration of the Foreign-invested Partnership
February 20, 2010 By Guo Lian Law Firm
China's State Administration for Industry and Commerce released rules of registration of the foreign-invested partnership in January 2010. The rules were promulgated to implement China's State Council's rules on the same, which were released in December 2009.
Setting up a Company in Turkey
February 12, 2010 By Tiryakioglu & Partners
With the passage of the Foreign Direct Investment Law in 2003, the process of establishing a company in Turkey has become a lot easier.
Partnership: a New Option for the Foreign Investment in China
February 2, 2010 By Sinowing Law
China has promulgated the new foreign-funded partnership regulations, which open a new door for foreign investors to operate in China. This article will analyze the qualification, thresholds and registration of the foreign funded partnership in China, which is expected to give a clear plot to those foriegn investors who are interested in China market.
Rome I Regulation on Law Applicable to Contractual Obligations Comes into Force - European Union
January 28, 2010 By Ince & Co LLP
On 17 December 2009, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations comes into force and will be directly applicable in all EU Member States with the exception of Denmark. It will apply to all contracts concluded as from 17 December 2009.
Organizational Forms of Business Entities in Kazakhstan
January 20, 2010 By Sovremennoe Pravo LLC
The legislation in Kazakhstan provides for rather wide range of organizational forms of business entities. Limited liability partnerships (LLP), joint stock companies (JSC), and branches of foreign legal entities, however, remain the most popular.
Shareholders' Remedies in Canada in 2010
January 19, 2010 By Ellyn Law LLP
When advising business clients about doing business in Canada, lawyers must turn their minds not only to the kinds of corporate vehicles which Canadian law permits but also the vailable remedies if disputes arise. This paper highlights the remedies available in common law jurisdictions of Canada to protect shareholders and others from abusive corporate action, including oppression remedy, derivative actions, court-ordered meeting, investigations and winding up.
Should You Incorporate Your Business?
January 19, 2010 By Matt Dickstein - Business Attorney
If you are a sole proprietor, you probably ask yourself, should I form an entity for my business? What are the costs and benefits of forming an entity versus remaining a sole proprietor?
Closing up of a Bulgarian Company – Dissolving and Liquidation
January 15, 2010 By Valova & Angelova
Legal explanation of the process of closing up of a Bulgarian company under the Bulgarian Commercial law.
A New Way to Access Chinese Service Market - Foreign Partnership Enterprises
January 14, 2010 By Simon Shang & Partners
The General Office of the State Council released Administrative Measures for Partnership Enterprises Established by Foreign Enterprises or Individuals in the Territory of China (Measures) on December 2, 2009 and will take effect as of March 1, 2010.
Company Landholding through Nominees in Thailand
January 7, 2010 By Siam Legal International
The use of a Thai holding company as a means of circumventing the prohibition against foreigners having a direct interest in land may no longer hold true in the near future. With the advent of the proposed amendments to the Foreign Business Act and the continued application of previously issued policy guidelines, land registration in favour of a Thai limited company has resulted in a more stringent and rigorous process.
Making a Valid Business Contract
January 5, 2010 By Mesriani Law Group
One of the best ways to avoid business dispute is to draft a comprehensive and well-written commercial transaction that will define all the responsibilities and rights of the involved parties.
Revisiting the Reform for Corporate Rescue Procedure - Hong Kong
January 4, 2010 By Angela Wang & Co.
The options currently available in Hong Kong to rescue a company include only 3 options.
The Compliance Minefield
December 30, 2009 By Brabazon Law Office, LLC
If you own a business, or are starting a business, you will be required to comply with all applicable local, state, and federal rules and regulations.
How to Set Up a Worldwide E-Commerce Site – a Legal Checklist
December 23, 2009 By Harris & Moure, PLLC
What are the legal issues involved in selling product worldwide over the internet? The following questions make up an initial checklist for companies looking their products internationally over the internet.
Four Essential Principles of Emerging Market Success
December 23, 2009 By Harris & Moure, PLLC
The quality of the local partner is the indispensable element for emerging market success. So where do you begin? Start with due diligence.
China’s Commercial Franchising Regulation Protects Investors’ Interests, Strengthen Franchisors’ Liabilities
December 22, 2009 By China Sunbow Law Firm
In many countries the commercial franchise business has been in existence for almost a century. In China, however, franchises have only been around for a bit longer than a decade.
China Clarified Definition to Relevant Market for Antitrust Enforcement and Its Impact on M&A Transactions
December 22, 2009 By China Sunbow Law Firm
On July 7, 2009, the China’s Anti-Monopoly Commission under the State Council (“AMC”) published a Guideline on Definition of Relevant Market (“Guideline”) on its official website to guide the Anti-monopoly Enforcement Agencies (“AMEA”) to effectively define the “relevant market” in the monopolistic activities by business operators during their antitrust enforcement.
China’s Concentration Declaration Threshold under Anti-trust Law and Its Impact on Foreign M&A Transactions
December 22, 2009 By China Sunbow Law Firm
After more than ten years of drafting and debating, China passed its first Anti-monopoly Law (“AML”) on August 30, 2007, which took into effect on August 1, 2008.
Legal Representatives, Company Supervisors and their Roles and Responsibilities in China
December 22, 2009 By China Sunbow Law Firm
One of the more common vehicles for entry into Chinese market is for foreign investor to establish a wholly foreign-owned entity (“WFOE”).
Comprehension and Application of Factoring in Latvia and Europe
December 19, 2009 By Carrington, Hall & Hamburg
The article provides a detailed analysis of the factoring contract and outlines the possible solutions for the legal regulation of factoring in Latvia.
China’s New Legislation Clears the Way of Establishing Foreign-Invested Partnership
December 14, 2009 By Guo Lian Law Firm
China announced the issuance of the Administrative Measures for Foreign Enterprises and Individuals to Establish Partnership Enterprises in China by the State Council on 2 December 2009. The legislation officially opens the route for foreign investor to invest directly in a partnership enterprise in China. From its effective date, 1 March 2009, foreign investors will be able to establish partnership enterprises either by themselves or with Chinese partners.
Forming a Sole Proprietorship Business
December 10, 2009 By Mesriani Law Group
Sole proprietorship is a type of business structure owned and managed by a single individual who is not legally separated from his business which means that he will enjoy all the profits but will have to shoulder all the financial responsibilities such as debts.
Incorporating a Business: Overview
December 10, 2009 By Mesriani Law Group
Corporation is a business structure that is considered as a separate legal entity from the people who own this. In this sense, this business entity can enter into a contract apart from its owners.
China Releases Rules of Filing and Assessment of Concentration of Business Operators
December 6, 2009 By Guo Lian Law Firm
China’s Ministry of Commerce (the “MOFCOM”) has released the “Rules of Filing of Concentration of
Business Operators” and “Rules of Assessment of Concentration of Business Operators” on 24 November 2009. The Orders are significant progress of China's merger control legislation. They clarify issues relating to filing of a concentration of business operators and assessment of such filings by the MOFCOM.
Thailand Company Registration
December 3, 2009 By Siam Legal International
Many foreigners wish to start up or expand their business in Thailand. Starting a business in a foreign country can be both a rewarding opportunity and a daunting task.
Development of E-Commerce Legislation and Taxation of Revenues from Online Content in Turkey
December 3, 2009 By ADMD Law Office
Activities such as production, presentation, sales, insurance, distribution, and payment of goods and services are possible via computer networks with e-commerce. E-Commerce presents major physical differences from conventional commerce, and therefore many arguments have been raised regarding the problems of regulating and taxing e-commerce under the old commercial and tax regimes applicable.
Forms of Doing Business in Turkey
December 3, 2009 By ADMD Law Office
Foreign investors in Turkey may start a new company, make a portfolio investment, participate in a joint venture, purchase part of an existing business or establish a branch subsidiary or liaison office with no greater restriction than a Turkish national.
Setting Up a Company in Turkey
December 1, 2009 By Akdogan Uslas, Attorneys at Law
This article mainly discusses the two company types that foreign investors prefer to establish when investing in Turkey.
Breach of Contract Overview
November 23, 2009 By Mesriani Law Group
A contract will only be legally enforceable if it follows a stringent set of guidelines.
An Introduction to China's Biotech Industry
November 15, 2009 By MMLC Group
China has just seen double-digit growth in its biotechnology industry and has gone from being one of the slowest to one of the fastest nations in the adoption of new biotechnologies. By 2010, the Chinese biotech market is projected to reach US$9 billion. This article gives a snapshot of the industry and major laws.
Seven Top Strategies for Negotiating a Merger and Acquisition Transaction - Ghana
November 15, 2009 By Kimathi & Kimathi, Corporate Attorneys
The article provide seven top strategies to help Board of Directors negotiate an acquisition transaction in order to secure the best value for shareholders.
Establishing a Corporation in Israel
November 10, 2009 By Dardikman Law Offices
The following article will guide you through the types of corporation, partnerships, and businesses you are able to establish in Israel. The article will provide you with all the necessary details and paper works you will be required in order to establish your corporation in Israel.
Draft of Foreign-Related Arbitration Agreement and Enforcement of Arbitration Award under China's Law
November 4, 2009 By V&T Law Firm
In China, with the increase of foreign investment and prosperity of international trade, the cooperation between Chinese company and foreign company becomes more diversified and complicated. As a result, the number of business disputes has been increasing rapidly. When the dispute arises, the parties involved will seek a fast and efficient dispute settlement mechanism.
Which Legal Entity should I Choose for my Business?
November 3, 2009 By Law Offices of John C. Martin
Which business entity is the best from a legal, tax, and business standpoint? In this article, we discuss three major points that business owners should touch upon when considering a choice of entity.
Who Owns the Intellectual Property Developed by an Independent Contractor?
November 3, 2009 By Law Offices of John C. Martin
Businesses must be aware of the consequences that result when an independent contractor is hired instead of an employee. In this article, we discuss one often overlooked factor: whether inventions or discoveries made by an independent contractor will be owned by the employer.
Establishment of a Joint Venture - China
November 3, 2009 By UB & Co. Attorneys and Counselors
In order to establish a Joint Venture in China, the first step shall be to find a qualified and agreeable Chinese partner. In this regard, it should be borne in mind that Chinese laws often (expressly or by implication) provide for qualification requirements on the Chinese partner to a joint venture.
Contracts: The Chinese Perspective - China
November 3, 2009 By UB & Co. Attorneys and Counselors
The Chinese have a reputation for “not abiding by the contract" or for changing contractual terms after they have been agreed.
Maximizing Your Legal Dollars
October 30, 2009 By Matt Dickstein - Business Attorney
When times are tight, you might do your transactions without a lawyer, to save on legal fees. Although understandable, this is bad practice.
Negotiation
October 30, 2009 By Matt Dickstein - Business Attorney
Negotiation is a fact of life. We negotiate all the time, professionally and personally. Think of all the negotiation you do on a daily basis with your spouse and children. Negotiation is fun too, if you keep your ego out of it.
How to Start a Franchise System
October 30, 2009 By Matt Dickstein - Business Attorney
In this article the author discusses some basic building blocks in setting up your franchise system. He leads you through seven early steps in the process. Rest assured that you will need to accomplish many more steps on the way to franchising, but we have to start somewhere.
Outdated Laws in Kuwait
October 23, 2009 By The Law Firm of Labeed Abdal
Few notes on some of the local laws in Kuwait which will need some reforms for better and fare application..
Debt Buybacks: HMRC to Introduce Anti-Avoidance Measures - UK
October 23, 2009 By Burges Salmon LLP
HMRC announced on 15 October 2009 that anti-avoidance legislation will be included in the next Financial Bill, but which will have retrospective effect from 15 October 2009, and which affects debt buybacks.
HMRC Information Powers
October 23, 2009 By Burges Salmon LLP
HMRC new powers to obtain information and documents are now well embedded. They stem from Schedule 36 to the Finance Act 2008, as amended by Finance Act 2009. This applies to most direct taxes with effect from 1 April this year, and to further taxes (eg. SDLT etc) from 1 April next year.
The New M&A Regulations of the People’s Republic of China
October 21, 2009 By UB & Co. Attorneys and Counselors
The new "Regulations Concerning the Merger and Acquisition of Domestic Enterprises by Foreign Investors" (the "New M&A Regulations") were promulgated on 8 August 2006.
Toronto Partnership Lawyer: Limited Partnerships (Part 5) – Tax Considerations - Canada
October 18, 2009 By Michael Carabash Attorney
Following up on my recent articles about Ontario limited partnerships, what they’re all about, how a limited partner can lose their limited partner status, how a limited partnership is not a separate legal person, and securities laws compliance, this article discusses certain tax considerations for limited partnerships.
Toronto Partnership Lawyer: Limited Partnerships (Part 3) – Separate Legal Entity?
October 15, 2009 By Michael Carabash Attorney
The following article relates to two previous articles that discussed limited partnerships in Ontario. This article focuses on addressing the following question: "is a limited partnership a separate legal entity from its partners?"
Toronto Partnership Lawyer: Limited Partnerships (Part 2) – Limited Partner Losing Limited Liability Status
October 15, 2009 By Michael Carabash Attorney
The following article discusses how limited partners can lose their liability status for Ontario limited partnerships. You should check out your province’s own legislation dealing with limited partnerships and the case law that interprets that legislation. Also, be sure to get a lawyer to update you on any new legislation or cases that impact limited partnerships.
Legal Requirements for Incorporation of Companies in Nigeria
October 13, 2009 By Brooke Chambers
The legal requirements for the incorporation of substantive Companies, subsidiaries and holding companies are contained in the Companies and Allied Matters Act (CAMA) Cap 59 LFN1990. They are mentioned hereunder as:
Family Shareholder Fights Highlight Need for Formal Agreements
October 12, 2009 By Ellyn Law LLP
An article in Canadian Law Times discusses a hotly-contested shareholder dispute.
What to Do if a Contractor/ Builder Walks Off the Job?
October 11, 2009 By Breakfield & Associates, Attorneys
Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.
Establishment Procedure of Foreign Investment Company in China
October 10, 2009 By Zhong Lun Law Firm
Basic procedure
Toronto Partnership Lawyer: Limited Partnerships
October 9, 2009 By Michael Carabash Attorney
A limited partnership is a partnership governed by statute and any governing documents agreed to between the parties (e.g. limited partnership agreement). We begin our analysis with the Ontario Limited Partnerships Act. Section 3(1) of that Act states that a limited partnership must consist of at least one person who is a GENERAL partner and one person who is a LIMITED partner.
Small Firm Management
October 6, 2009 By Howard Roitman & Associates
According to the ABA: At large law firms, there are entire departments dedicated to many of the logistical and administrative aspects of running a law firm. These include managing office space, conducting conflict checks, overseeing HR matters, even making sure the coffee break room is stocked with half-and-half. As sole practitioners, attorneys are responsible for all of these activities, and many others
Employee v. Independent Contractor
October 5, 2009 By The Martin Law Firm, P.C.
Misclassifying employees as "independent contractors" exposes businesses to serious risk. Below is an overview of the legal distinctions between an employee and an independent contractor.
