Business and Industry Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.

Lessons Learned from a Famous Supreme Court Justice’s Will

Even U.S. Supreme Court Justices are required to leave legally valid written wills to save their executors from unnecessary probate fees.

How to Use an AB Trust

One of the biggest concerns for individuals and couples with a sizable estate is how to accomplish the transfer of assets upon death without incurring estate taxes.

Without a Will

Some people never get around to planning their estate or creating a will. In this situation, there is no will to determine how affairs are to be handled and how assets are to be distributed.

Baby Boomers Becoming Caretakers

A recent survey reported by the newspaper USA Today had some surprising findings for the growing group of Baby Boomers that are anticipating caring for their aging parents - only half could name any medications their parents take.

The Most Important Key to an Estate Plan That Works

Most people sign their estate planning documents, breathe a sigh of relief, pat themselves on the back for completing the task, and don’t think about their estate plan again.

What is Probate and Why is it Sometimes Avoided?

Everyone is aware of what a last will is in a general sense and what it is used for, but there are those who think that it is a document that is only read by family members.

The Tax Advantages of Gift Giving

Some people are surprised when they hear about the details of the federal estate tax. They are under the impression that this tax does not apply to them because it is only imposed on the super-wealthy.

Giving Gifts Can Provide Tax Savings

The federal estate tax looms as a significant source of asset erosion and taking steps to mitigate your estate tax exposure is a big part of what estate planning is all about.

The Pitfalls of Probate

A lot of people equate the process of estate planning to the execution of a last will. While it is true that you can choose to use a last will as your primary vehicle of asset transfer and a lot of people do, it is not always the best choice.

Direct Asset Transfers Free of the Gift Tax

Taxation is an interesting thing, and a lot of people would question why you should have to pay a tax when you give someone a gift.

When Will You Be Retiring?

If you want to be prepared for the future you need to engage in careful and intelligent advance planning.

Enforcement of Foreign Judgment in the Democratic Republic of Congo

The courts must enforce foreign judgments that meet the criteria described in this article. In fact, once a foreign judgment has been rendered “executor” by a court in the DR. Congo, it may be enforced by writ or order of the court. Generally, as in most civil law systems, the court will recognize the foreign judgment and issue the enforcement order in the same proceeding.

Reducing the Taxable Value of Your Home

When you are inventorying your assets in anticipation of distributing them to your loved ones after your death you may find that your home is your single most valuable asset.

Seniors on Social Security to See Increase in 2012

Living on a fixed income can be difficult, and this is one of the reasons why it is so very important to engage in retirement planning.

Estate Tax Relief to Expire in 2013

If we said 2010 was an interesting year in the field of estate planning it would be a gross understatement.

Massive Numbers of Baby Boomers Retiring Unprepared

There are those who hear retirement planning attorneys say that it is important to make preparations for retirement but let this advice go in one ear and out the other.

Air Traffic Controller Errors on the Rise: A Report From Your South Florida Injury Lawyer

According to the U.S. Government Accountability Office (GAO), certain errors by air traffic controllers rose by 81 percent between 2007 and 2010. These errors, which result in planes flying too closely to one another or too closely to an object, have the potential to result in injury or death. For instance, in January of 2010, an error made by an air traffic controller resulted in a plane crash in Hawaii that killed a pilot and passenger.

Small and Large Companies Need to Understand Open Source Software

One of the important issues to emerge with respect to the development of software is the integration of open source software in the application, platform or program. Any company developing software, outsourcing the development thereof, or obtaining software through an acquisition, must understand the risks associated with its use, and establish precautions to prevent the unknown integration of open source software into its key technologies.

What’s the Most Important Part of Disability Planning?

The absolute most important part of disability is naming successor trustees and power of attorney agents.

The Hand of Taxation

Much of estate planning focuses on the reduction or elimination of taxes, with good reason. Consider the “hand of taxation «which represents all the taxes during your lifetime and at your death.

Why You Must Fund Your Trust

TThere are not too many people who like paperwork; and, funding a revocable living trust is a lot of paperwork. Yuck

Key Considerations in Commercial Contracts

Every kind of commercial contract will have its own individually negotiated and agreed terms (for example what is to be supplied; where; how; when; the price for supply; quality etc) all of which may be determined by the parties involved and unique to the particular agreement at hand. However, other terms and considerations will have a more general and universal application and will need to be thought through in the drafting of any agreement, regardless of subject matter.

Venture Capital Terms: A Primer

Whether you are a company looking to raise financing or a potential investor, make sure you understand the important concepts that you will invariably be confronted with in a venture capital transaction. Even if your business is not at the juncture of raising financing, understanding the key terms now will help you start to position the company for an eventual financing round down the road. This Article provides an overview of some of the important terms in a venture deal.

SEC Limits its Non-Public Review Policy for Non-U.S. Issuers

On December 8, 2011, the Division of Corporation Finance of the U.S. Securities and Exchange Commission significantly limited its policy of allowing non-U.S. issuers to submit initial drafts of registration statements (initial public offering or other first-time registration statements) on a “draft” confidential basis.

What is a Codicil?

A “codicil” is an amendment to a will; it’s an addition or change. Codicils were commonly used before the computer age when wills were written by hand or typed on a type-writer.

How to Avoid Probate

When an individual dies, the assets owned by the decedent are often required to pass through a legal process known as probate.

Renewable Energy: Turkey’s Hope for Energy Independence

Turkey is currently an energy-dependent country, with approximately 70% of its energy being supplied from imported sources. More investment in renewable energy has thus become vital for Turkey.

What Is a Joint Tenancy?

Joint tenancy is a form of property ownership that comes to us from the common law of feudal England.

Establishment of Joint Stock Companies and Limited Liability Companies in the New Turkish Commercial Code

The new Turkish Commercial Code (“NTCC”) No. 6102 shall enter into force as of July 01, 2012. In parallel with the harmonization process of Turkish Law with acquis communautaire, the NTCC has significantly changed the existing system and replaced the outdated provisions of the current Turkish Commercial Code (“TCC”) with practical ones. As one of the aims of the NTCC is to boost investment, advanced provisions regarding the establishment of the companies have been introduced.

North Dakota Adopts the Uniform Real Property Transfer on Death Act

On April 27 of 2011, North Dakota became the first official state to adopt the Uniform Real Property Transfer on Death Act.

Estate Planning Keeping Raiders in Davis Family

If you were to make a short list of the most influential owners in the history of professional football Al Davis would certainly be at or near the top of the list.

A Look at Qualified Personal Residence Trusts

Estate planning obviously involves deciding how you would like to provide for each of the ones that you love after you pass away.

The Foreign Investment Operations in the Democratic Republic of Congo

This article shares the views on the Foreign Investment Operations in the Democratic Republic of Congo including Employment, Business Taxation, Environment, Physical Planning, Health & Safety, Consumer Protection, Competition Policy & Law, Monetary Policy, Foreign Exchange and Foreign Investors, Public Procurement, Intellectual Property, Investment Protection and Dispute Settlement.

Access and Admission of Foreign Investors in the Democratic Republic of Congo

This articles discusses the Investment Legislation and its Reasoning; Foreign Investment Establishment, Registering and Licensing Processes; Registering a company; Establishing a Bank; Investing in the Mining Sector; Mining Prospecting; Mining Exploration; Investing in the Forestry, Gold and Diamond Sectors; Foreign Employment & Residence and; Foreign Investor Access to Land and Property Rights within the Democratic Republic of Congo.

Investment Promotion in the Democratic Republic of Congo

In order to value the extraordinary resources, the Democratic Republic of Congo adopted from 2001, an important batch of economic measures establishing the freedom of commerce and industry and the liberalization of sectors governed so far by the Government (mining, oil and exchange sectors). Should be added to the reforms introduced the promulgation of new laws, the spirit of boosting private initiatives: it is the case of investment code, mining code, forest code, labor code.

Sure, LLC’s Grab the Hype, Sub S’s are the Small Biz Tax Stars, but C’mon, C-Corps Need Love Too…

There may be very good reasons to consider a C-Corp for your small business entity.

The Commercial and Legal Significance of Laytime & Demurrage in English Law and the New Turkish Commercial Code

So far as the global shipping practice is concerned, laytime & demurrage is one of the most complicated topics for both ship-owners and charterers under voyage charter-parties. Thus, the dynamic between the parties has been sought to be balanced through a number of attempts which have been made either by courts or legislators in shipping world.

A QPRT Can Be the Solution

Home ownership has long been the key to wealth building in the United States, the recent downturn in the housing market notwithstanding.

Late Singer Winehouse had Solid Estate Plan

The entertainment industry was dealt a blow last month when the British singer Amy Winehouse was found dead in her posh North London home.

Difficult Issues Elders Face

As you reach the latter stages of your working years it is likely that you are simultaneously tying up any loose ends that remain as you prepare to ease into retirement.

Tax Measure Details Relevant to Estate Planning

As we allow the impact of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to set in some of the finer details are starting to come into focus.

Mitigate the Damage with Generation Skipping Trusts

Due to the new tax relief measure that was passed in mid-December we are working with an estate tax rate of 35% in 2011 and 2012.

Investment Firms in Cyprus

In the Republic of Cyprus only certain persons and companies are permitted to undertake investment services and activities (for a full list of such regulated activities please refer to the end of this article)[i] and such entities are tightly regulated in order to ensure high standards and full consumer protection. The Cyprus Securities and Exchange Commission is the body responsible for the issuing of licenses and for overseeing the operation of such entities.

Business Environment in the Republic of Belarus: Review of Tobacco Industry

Law Firm Glimstedt presents the overview of tobacco industry in Belarus. The article covers the following matters: current business trends and opportunities, restrictions and advertisement, prices and taxations, production and import requirements.

Estate Tax Changes Loom Over Horizon

One of the things that you have to keep in mind when you are serious about crafting your legacy is the fact that updates to your estate plan are probably going to be necessary.

Choosing the Right Charity

Giving to charity is something that is personally rewarding, but it can also have value from a tax perspective.

QPRT For Tax Savings

If you are like a lot of people when you inventory your assets you may find that your home is the most valuable thing that you own.

2013 to Bring Changes to Estate Tax

They say that the only constant is change, and some of these changes are for the better while some of them are for the worse.

Recent Development of China’s Merger Control: A Review on the Penelope/Savio and GE/CSCLC Cases

China launched formally a comprehensive business concentration control regime on 1 August 2008 when its Anti Monopoly Law (“AML”) entered into effect.

How to Register a Trademark in Egypt

Registering a trademark in Egypt shall be carried out in accordance with the Intellectual Property Law No. 82/2002. Registering a trademark is not mandatory to use it in Egypt. However, it is preferable that the trademark's owner have his trademark registered. Said registration shall grant the owner of the trademark the exclusive right to use and license his trademark, prevent the other form registering same and take the legal procedures against any infringement of said trademark.

Restricted Securities 101

The Securities Act of 1933, as amended (the “Securities Act”) requires that the sale of a security be registered under the Securities Act, unless the security or transaction qualifies for an exemption from registration.

Private Placements 101

Regulation D, Rule 506 Offerings - To offer and sell securities in the United States, an issuer must comply with the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"), or must offer and sell the securities pursuant to an exemption from the registration statement requirements.

Investor Relations 101

Investor relations involve the dissemination of information regarding a publicly traded company to create awareness of the public company and its business and to increase its stock price. The person who provides the investor relations services is known as a “Stock Promoter”. Stock promoters have used illegal practices and are often the subject of enforcement actions by the Securities and Exchange Commission (the “Commission”) is the stock promoter.

FINRA Rule 6490

FINRA Rule, 6490, recently enacted in September 2010, requires issuers of equities and debt securities not listed on exchanges to provide timely notice to FINRA of certain corporate actions. These corporate actions include name changes, forward stock splits, reverse stock splits, distributions of cash or securities such as dividends, stock splits and other actions, and rights and subscription offerings.

New Listing Standards for Reverse Merger Issuers

On July 9, 2011, the Securities and Exchange Commission (“SEC”) approved rules to increase the standards for companies going public through a reverse merger to list on the New York Stock Exchange (“NYSE”), American Stock Exchange (“AMEX”) and the NASDAQ Stock Market (“NASDAQ”).

Regulation A

Regulation A was created under Section 3(b) of the Securities Act of 1933 (the “Securities Act”) to exempt public offerings not exceeding $5 million in any 12-month period by non-reporting companies, without restrictions on the types of investors that can take part in the offering. By: Brenda Lee Hamilton, Attorney Hamilton & Associates Law Group

How Do Powers of Attorney End?

You have the right to give other people the authority to make decisions on your behalf by creating a power of attorney.

Asset Protection Planning Tips

Asset protection is often coupled with thoughts of high-powered attorneys and other executives poring over your financial documents in order to reach one common goal – protecting your estate to include your assets and properties. However, it doesn’t have to be that complicated or that expensive.

Arbitration, Mediation and Conciliation

Advantages of Alternative Methods of Settling Disputes - Ability to quickly design conflict arbitration agreements or by inserting arbitration clause in commercial contracts between parties either separately or compromise before the arbitration court.

Life Insurance in Estate Planning

Life insurance is a key component to the estate planning process. Gone are the days when life insurance was primarily thought of as a means to pay for funeral expenses and burials.

Davis Family Will Retain Ownership of Raiders

There are few if any National Football League franchise owners who had the type of long-term success that Al Davis was able to achieve.

3.6% COLA for Social Security Recipients

People on Social Security will be receiving a cost-of-living adjustment for the first time since 2009 when 2012 rolls around.

Does My Revocable Living Trust Avoid Ancillary Probate?

If fully funded, your revocable living trust avoids both probate, in your state of residence when you die, and ancillary probate, in any other state where you own property. If you don’t fund your trust, it will NOT avoid probate anywhere.

Executing and Terminating Employment Contracts in Turkey

As Turkey maintains economic stability and growth for almost five years, the confidence of the foreign investors raised and new direct investments are executed more often. In this context employee related issues are of consideration to foreign investors and significance of the Turkish Labor Code ('TLC') elevate accordingly.

Meeting and Resolution Quorums for Joint Stock and Limited liable Companies

Joint Stock and Limited Liable Companies are two most common company types in Turkish practice. Therefore we will substantially proceed with meeting and resolution quorums of these company types after brief general information is provided.

Regulation Regarding Acquisition of Immovable Properties by Companies With Foreign Investment

Purpose, Scope, Basis and Definitions

Liaison Offices

A)Incorporation of a Liaison Office in Turkey - I. The new legislation concerning foreign investment in Turkey includes a clause stating that a liaison office is not allowed to conduct "commercial activities". There is no precise definition of what exactly is referred to by "commercial activities".

Content and Functionality of Signature Circulars in Practice and Under Turkish Law

Signature Circular is an official document signed before the Notary in which signature powers of the Company and its branches are determined and the limitations of such powers are detailed.

Incorporation of a Joint Stock Company by Way of Conversion from a Limited Liable Company

You may find the brief memorandum below which explains the legal status of incorporating a joint stock company by way of conversion from a limited liable company in the system of the Turkish Commercial Code (“the TCC”) and the procedure if such conversion is to be resolved.

Petroleum Market Law and Its Implementations

Petroleum Market Law numbered 5015 has been enacted at December 4, 2003, within the efforts performed to institutionalize the market economy and improve the competitive environment in order to update the current legal regulations in the petroleum and petroleum product industry and regulate the markets.

Termination of an Employment Contract with Just Cause

The employee is entitled to terminate the contract, whether for a definite or an indefinite period, within the presence of serious and important reasons determined in the Labor Law numbered 4857 (“the Law”), in the following cases and such reasons are classified in three groups.

Amendments to the Incorporation Terms of Real Estate Investment Companies

Communiqué on the Amendment to the Communiqué on Principles regarding Real Estate Investment Companies (Serial: VI, No: 26) (“Amendment Communiqué”) has been published in the Official Gazette on December 31, 2009 entered into force on the same date.

Duties, Authorizations and Obligations of the Board of Directors of Joint Stock Companies

Board of Directors of Joint Stock Companies is the body which manages and represents the company in the structure of joint stock company. In this regard, the BoD is liable to determine the company organization, to appoint the authorized individuals that manages and represents the company and to supervise them.

Breakthroughs Introduced with the Draft Version of the Turkish Commercial Code – Volume I

The draft version of the Turkish Commercial Code (“the Draft”) removed the current determination of progressive incorporation that is not applied. In addition, it is possible by the Draft for joint stock (“JSC”) and limited liable (“LLC”) companies to be incorporated by one shareholder and one partner.

Breakthroughs Introduced with the Draft Version of the Turkish Commercial Code – Volume II

The Draft Version of the Turkish Commercial Code includes seventy articles for the determination of mergers, spin-offs and conversions and such articles involve full protection of the shareholders, partners and other relevant parties. Merger and Spin-off types are acknowledged.

Work Permit, Work Visa and Residence Permit for Foreign National Citizens

Foreign national citizens are obliged to be granted work permit by the General Directorate of Foreign Capital in order to perform work inside the borders of Turkey. The application to the General Directorate of Foreign Capital is submitted by the Employer.

Characteristics of Key Legal Entities in Cyprus

There are three primary established business media in Cyprus: companies; partnerships and sole traders. Sole traders tend to represent smaller operational concerns and therefore, as a business takes off, many promoters of the business will primarily be concerned with considering the characteristics and applicable benefits of a company or a partnership.

European Parliament Calls for Gaming and Betting Law at EU Level

A recent vote take by the European Parliament (EP) resulted in a report causing a shift towards a more commonly adopted approach to issues arising from online gambling.

How a Revocable Living Trust Can Minimize Federal Estate Taxes

We all want to pay the least amount of tax dollars possible; a revocable living trust may be able to help minimize federal estate taxes.

17 Things You Need to Know about Your Estate Plan

There’s lots to know about your estate plan; that’s why it’s important to work with a qualified estate planning attorney.

Who Should I Choose as My Health Care Agents?

Your health care agents make health care decisions on your behalf if you are unable to provide informed consent at the time and have not already done so.

No More Business Complications Now

Corporate law attorneys are required in a number of aspects of a business and business affairs. Legal orders may sometimes require you to necessarily incorporate a new company to make sure that the correct paperwork is filed with adequate governmental requirements.

The Impact of the New Turkish Commercial Code on Joint Stock Companies and Limited Liability Companies

The new Turkish Commercial Code (NTCC) No. 6102 will enter into force on July 01, 2012. The ultimate purpose of the legislator is to modernize Turkish Commercial Law by adopting parallel provisions to the ones being used in the EU. In this respect, it provides a more practical procedure for establishment, includes various requirements to increase transparency, obliges companies to use generally accepted accounting standards and requires them to use information technology tools.

The Basics of a Financial Power of Attorney

A power of attorney is the next best thing to a magic wand.

Seniors on Social Security to Get Boost

One of the reasons why retirement planning attorneys always emphasize how important it is to make preparations for the future is because they understand the fallout that results from a lack of long-term planning.

Cuts by “Super Committee” Could Impact Elder Americans

Most people are well aware of the fact that the subject that is consuming the lawmakers in Washington is the federal debt.

4 Revocable Living Trust Key Players

The revocable living trust is a commonly used estate planning tool; it is often the center of an estate plan and has many benefits.

Start Estate Planning Early

It might surprise you, but the ideal time to start estate planning is the minute you turn 18 years of age and can sign legal documents. Start estate planning early, because it can become too late.

Who Needs to Plan for the Federal Estate Tax?

In 2011 and 2012, your estate will pay up 35% of any assets that go over your federal tax exemption amount.

Tax Act Expiration May Impact Your Estate Plan

You have to keep abreast of the ever-changing tax laws if you want to be prepared every step of the way as you are crafting your legacy over the years.

Probate Avoidance: Is it Right for You?

Hollywood’s depiction of Estate Administration leaves the impression that a last will is something that is read by an attorney and then the assets are handed out to the family members after a relative passes away. In reality, when you use a last will to express your final wishes your estate is going to have to pass through a process called probate.

Is a Mistake Strong Enough to Cancel a Contract According to Ethiopian Law?

If you want to know if a mistake in a contract can be strong enough to cancel it according to Ethiopian law you might want to read this.

Organ Donation

Advance medical directives are an essential part of an estate plan, but where and when do you express your wishes regarding organ donation?

Areas of Investment Provided by the Ethiopian Investment Laws for Domestic and Foreign Investors

Do you want to know about areas of investment permitted for investment according to Ethiopian law? Below you will find these areas of investment divided by sector of investment.

Tax Laws in Ethiopia

Brief note on the various tax laws of Ethiopia. In Ethiopia there are two types of tax. These are direct and indirect tax.

Ethiopian Trade Practice and Consumer Protection Laws

Brief note on Ethiopian Trade Practice and Consumer Protection Laws

Retirement Pitfalls

Retirement planning in any economy is a challenge, and people can make mistakes if they choose to go it alone. We discuss five common errors that are made by many in retirement planning.

Rights and Obligations of Employees and Employers as Per the Labor Law of Ethiopia

Brief note on the Rights and Obligations of Employees and Employers as Per the Labor Law of Ethiopia

Medicaid Planning Terms

Medicaid is a joint federal and state, need-based program that is often needed by senior citizens to pay for the catastrophic costs of nursing home expenses.

Reasons for Special Needs Trust

A special needs trust is an estate planning tool used to allow assets to be held in trust for the benefit of a physically or mentally challenged individual, or a person with a chronic or acquired illness. We outline four reasons to consider creating a special needs trust.

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