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.
Toronto Partnership Lawyer: Partnership Agreements
October 5, 2009 By Michael Carabash Attorney
Information relating to partnership agreement templates and general partnership agreements in Ontario, Canada.
China’s Anti-Monopoly Bureau Approves the Pfizer-Wyeth Transaction
September 29, 2009 By MMLC Group
On 29 September 2009, China’s Ministry of Commerce (“MOFCOM”) published another decision from its fledgling Anti-Monopoly Bureau (“AMB”), this time concerning the acquisition of Wyeth by US drug heavy-weight, Pfizer. Approval was granted to the transaction, ahead of approval from the US Federal Trade Commission, Australian ACCC and the Canadian Competition authority.
Investing in Cambodia
September 25, 2009 By BNG Legal
A Land of Opportunity
Cambodia has emerged in recent years as a high growth economy, attracting investors from around the globe. Foreign direct investment has increased significantly since the end of civil war in 1993. And while foreign investment slowed along with the global economy, economists project a strong rebound in 2010. For the adventurous investor, Cambodia offers long-term growth opportunities across a variety of sectors.
Due Diligence in Cambodia
September 25, 2009 By BNG Legal
One of the most popular ways to invest is through teaming up with a Cambodian national or entity to form a joint venture. However, before starting such a venture it is essential that foreign investors complete due diligence on the Cambodian company.
Foreign Ownership: Finally a Possibility?
September 25, 2009 By BNG Legal
It is no secret that for quite some time, the Cambodian government has been working on legislation that would allow foreigners to have an ownership interest in real property in Cambodia. Following the real estate market slump last year, legal commentators believe that if foreigners are allowed to own land or buildings, the market could see the surge it so desperately needs.
Structuring Real Estate Joint Ventures
September 22, 2009 By Matt Dickstein - Business Attorney
Real estate investors work together all the time. More and more, we see combinations of brokers, money investors, contractors and other folks flipping or developing properties. As members of a real estate venture, these folks need a formal structure to govern their relationships within the venture.
Exit Planning / Business Succession Planning
September 22, 2009 By Matt Dickstein - Business Attorney
What is exit planning? Exit planning is a long-term process using legal, accounting and financial professionals to maximize an owner’s exit from his or her business. The exit is the sale of the business to the next generation of family or key employees or to an outside buyer.
Can a Former Employee Steal Your Customers?
September 22, 2009 By Matt Dickstein - Business Attorney
If you have customers, you might wonder, “can my employees set up a competing business and steal my customers?” From the employee’s perspective, the question is “Can I take customers with me to my new business?”
What Trademark and Other Legal Issues are Involved in Picking a Company Name?
September 16, 2009 By Juris Law Group
Among the most important tasks in the founding of a new company are the development and clearance of a company name. There are two very different sets of legal issues, and a host of business issues, involved in the process.
Shareholders Have Rights to Demand Corporate Financial Information
September 14, 2009 By Pohl & Short, P.A.
Minority shareholders of corporations are not powerless in their efforts to monitor the financial activities of the majority shareholders or the officers of the corporation. On the contrary, complete and full disclosure of financial activities of the corporation is mandated by the Florida Statutes.
Settlement Offers May Not Be Introduced at Trial as Evidence
September 14, 2009 By Pohl & Short, P.A.
The Florida Legislature and the Florida Evidence Code promote settlement of business disputes. In an effort to foster the settlement process the Florida Evidence Code specifically provides that settlement offers are inadmissible is subsequent litigation.₁
Ten Things to Consider Before Signing a Contract
September 8, 2009 By The Cohen Law Group PC
Ten Things a Business Should Consider Before Signing a Contract.
Who Needs the Use of a Private Investigator?
September 4, 2009 By Resolution Assurance Group
How Private Investigators are saving businesses millions and changing lives.
Corporations: Not a License To Steal
September 4, 2009 By Pohl & Short, P.A.
Florida, as well as other states created by statute, corporate entities to shield owners from personal liability in order to promote trade and commerce.
Guide for New York Company Considering Chapter 11 Bankruptcy / Reorganization
September 3, 2009 By Dwyer and Associates LLC
A brief introduction to U.S. bankruptcy law for CEO’s
Cyprus Company Formation
August 30, 2009 By Harris Kyriakides LLC
The Cyprus Limited Company is currently one of the most popular and efficient corporate structures for doing business locally and internationally. This is primarily due to the attractive corporate legislation of Cyprus and its significant tax benefits.
The Law Decree Number 2 of 2009 for Enhancing the Economical Stability of Kuwait
August 26, 2009 By The Law Firm of Labeed Abdal
The article follows and elaborates the new decree which was issued by the government during the dissolution of the parliament of Kuwait and elaborates about the benefits of the decree, the size of the governmental support for the local companies and the economy in general.
The Commercial Agency Law in Kuwait
August 26, 2009 By The Law Firm of Labeed Abdal
The article is focused on the agency law of Kuwait , the types of agencies , the requirements to assign an agent and the legal procedures to do that step by the commercial law of Kuwait.
Structuring a Business Presence in Libya
August 25, 2009 By Ben Abderrahmane & Partners
The rapid pace of change in Libya creates significant opportunities, challenges and complex decisions for economic operators and investors. To benefit from these opportunities it is necessary to follow the fast changes of the Libyan law and in particular the requirements regarding the a business presence of a foreign company in Libya.
Bring It in Legally, Get It out Fast
August 23, 2009 By Kittelson & Carpo Consulting
Tell me what you eat, and I will tell you what you are.
Anthelme Brillat-Savarin (1755 - 1826), The Physiology of Taste, 1825
Structures for Doing Business in the Bahamas
August 21, 2009 By Lex Justis
The Bahamas is also an established corporate and financial hub which is regularly used by both private individuals and corporate entities as a vantage point for their financial portfolio. Often recognized for its proximity to North America and for its number of professionals involved in the corporate and financial industry, investors worldwide often choose The Bahamas as their financial centre of the western hemisphere.
Liability of Successor Corporation/De Facto Merger
August 20, 2009 By Pohl & Short, P.A.
A corporation deep in debt often will try to eliminate liability by merely incorporating under a different name. In many circumstances the law will allow creditors of the defunct corporation to recover from the new corporation.
China Releases New Rules to Regulate Food Distribution Business
August 19, 2009 By Guo Lian Law Firm
China’s food safety legal system is currently undergoing a fundamental reform. On 30 July 2009, the SAIC released Measures for Supervising and Administering Safety of Food in the Distribution Stage and Administrative Measures for Food Distribution Permit to clarify the SAIC's roles in supervising and administering food safety in the distribution stage. The Orders impose significant new compliance obligations on the food and beverage distribution business.
Amendments to Cyprus Companies Law
August 15, 2009 By Harris Kyriakides LLC
The Republic of Cyprus has now introduced important innovations in the Cyprus Companies Law (Cap. 113), with a view to clarify, modernise and facilitate Cyprus corporate practice. As highlighted in the explanatory note accompanying the adopted legislative bill, the rationale behind the amendments is to enhance business efficiency by saving time, simplifying processes and increasing competitiveness at no additional cost.
Pre-Merger Notifications for M&A in Taiwan FAQ
August 12, 2009 By Pamir Law Group
This article discusses the mandatory merger notification regime in Taiwan and covers threshold tests, filing procedures and answers to other frequently asked questions.
What do you Do when the Sale Falls Through?
August 6, 2009 By Pohl & Short, P.A.
Protecting your rights as a buyer through specific performance
Setting Up a Resident Representative Office in China
August 3, 2009 By V&T Law Firm
Starting your business by setting up a representative office in China is an effective and relatively cheap way. However, a representative office is not an independent legal entity. It is prohibited from engaging in direct business activities, such as manufacturing, production and sales. So its business scope is limited.
Contracts 101
August 3, 2009 By Pohl & Short, P.A.
Except for transfers by gift or inheritance, a Real Estate Purchase and Sale Agreement, or Contract, is the primary tool used to acquire real property. The Contract defines the purchase price, deposit amount, costs, and all relevant terms by which the Seller agrees to transfer the property, and by which the Buyer agrees to be governed. Under Florida law, these Contracts must be in writing to be enforceable. This article highlights certain salient provisions of these Contracts.
New Business Valuation Standards Affect Divorce Cases
July 30, 2009 By Walzer & Melcher LLP
Discussion of the business valuation standards adopted by the AICPA, including valuation methods, by Christopher C. Melcher.
The Changing Publishing Industry Discussed
July 27, 2009 By Law Firm of Attorney R. Sebastian Gibson
Perspective on the changing book publishing industry and the effect of big box retailers, online booksellers and electronic publishing.
How Literary Super Agents Sell Manuscripts to Book Publishers Using Auctions
July 27, 2009 By Law Firm of Attorney R. Sebastian Gibson
Perspective on the use of “Best Bid” and “Best Offer” Auctions as well as “Rolling” and “Rounds” auctions in the sale of manuscripts and projects to publishers in the book publishing industry.
Access to Ports and Terminals.
July 24, 2009 By Burges Salmon LLP
In this Rail Briefing we look at a complex area of law which deals
with how freight operators can achieve access to ports and
terminals. Although we look at some general principles, a complete
in-depth analysis of the law is outside the scope of this briefing.
Supreme People’s Court Issues 2nd Interpretation of Contract Law
July 24, 2009 By Angela Wang & Co.
On 13 May 2009, the Supreme People’s Court (“SPC”) of the People’s Republic of China (“PRC”) issued an “Interpretation on Several Issues concerning the application of the PRC Contract Law (2)” (“Interpretation”). This second interpretation of the Contract Law aims to clarify some of the vague and controversial provisions in the existing Contract Law, promulgated on 1 October 1999.
Importance of Professional Associations' Merger under the Roof of Federation
July 23, 2009 By Kocali Law Office
At the point reached today it is realized that great and utmost efforts must be exercised for ensuring that Professional Associations should take much more effective role in the protection of property rights of Owners of the Works of Art and related Right Holders.
The Enforcement of Foreign Judgments in Canada
July 13, 2009 By Ellyn Law LLP
This article is for information only and not legal advice. The author discusses the enforcement of foreign judgments in Canada. This article was originally presented in French at the Conference of the Association of French Speaking Lawyers of Ontario (AJEFO) in Niagara Falls, Ontario, June 4, 2004. It has been translated into English by the author. The content is still current to 2009.
Resolving Shareholder Disputes in Canada
July 13, 2009 By Ellyn Law LLP
This article discusses issues affecting disputes among shareholders of private corporations in Ontario, Canada. The authors are partners of a Toronto law firm which focuses on litigation, arbitration and resolution of shareholder and other business disputes.
Execution of Shares in a Limited Liability Company
July 13, 2009 By Iurico Law Office
A share in a company is a property law of a transferable type. It is subject to execution just like any other property law. However, a limited liability company agreement might restrict this conduct of law transactions and, which is directly connected herewith, restrict the execution.
Execution Proceedings against a Debtor after Obtaining a Favorable Court Verdict
July 13, 2009 By Iurico Law Office
In which manner shall execution proceedings be commenced against a debtor after obtaining a favorable court verdict?
Liability of Some Entrepreneurs towards Third Persons for an Incurred Damage - Poland
July 13, 2009 By Iurico Law Office
It is a principle that in the Polish legal system only the person who due to his fault causes damage to another person is obliged to compensate the damage (see article 415 of the Civil Code dated 23.04.1964, Journal of Laws no. 16, item 93 as amended).
Declaration of Bankruptcy: a Definition and Description of the Required Proceedings - Poland
July 13, 2009 By Iurico Law Office
In the Polish legal system both the possibility of declaring bankruptcy both of an entrepreneur as well as a consumer.
Corporation Contractual Penalties in Poland
July 13, 2009 By Iurico Law Office
Pursuant to article no. 356 § 3 of the Polish Commercial Code there is a possibility to make a reservation in the statute of a joint-stock company with regard to “contractual compensation” for non-fulfillment or unsatisfactory fulfillment of some repeated services which are connected with a share.
Company Law Reform
July 12, 2009 By Commercial Legal Centre
The new Companies Act 2006 was the result of an 8 year review and consultation process.
Newly Introduced Legislation in Relation to Joint Ventures - Turkey
July 10, 2009 By Serap Zuvin Law Offices
With the enactment of the Communiqué numbered 2009/2, which was published in the Official Gazette dated 01.04.2009 and numbered 27187 by the Ministry of Industry and Commerce (“Communiqué”), “Business Partnerships” or “Joint Ventures” (“JVs”) terms have been introduced to the Turkish Legal System.
Winding Down: How to Properly Close your Business
July 7, 2009 By Law Offices of H. Michael Soroy
Businesses close for a number of reasons. Sometimes, they close because the founder has suddenly become ill or has passed away, or perhaps because of bad economic times, increased competition or poor management. No matter why, all business owners must undertake a number of steps before closing their doors.
Business Enterprises with Foreign Partners
June 29, 2009 By Harrington Law Associates, PLLC
This memorandum was prepared for a client who owns a US company and who was considering a joint venture in the State of Florida with a non-US individual. The venture entailed acquisition of US real property for the purpose of lease or resell. Because the legal and business concepts discussed are of general application, and because foreign investment in US real estate is of the moment, the key points of the memorandum are set forth herein for public benefit.
Erosion of Corporate Liability Protections
June 29, 2009 By Harrington Law Associates, PLLC
One of the principle advantages to incorporating your business is liability protection. The purpose of this article is to make business owners aware of certain limitations to that protection. Specifically, the focus here is on business law in Florida, though the concepts apply to businesses in all U.S. states and territories.
Dental and Medical Professional Corporations - Are you properly incorporated?
June 28, 2009 By Anurag Gupta Professional Corporation
Several years ago the Ontario government allowed dentists and doctors to incorporate professionally such that professionals were able to take advantage of the small business deduction limit. If your articles were amended sometime after January 2006 with subsequent share issuances to family members, you would want to ensure that the amendments and reorganization of the corporation was done properly.
Singapore Business Law - Read Before Signing
June 21, 2009 By Chris Chua & Associates
“Don’t Worry, it’s a Standard Contract. Please Sign Here” - we give you several reasons why you should not comply.
Singapore Business Law - Top 10 Legal Tips for a Small Business in Singapore
June 21, 2009 By Chris Chua & Associates
Running a business is exciting. But without the right advice, it can also be a minefield, especially where legal matters are concerned. We provide some tips to guide you through the minefield.
Foreign Investment in Securities in China
June 19, 2009 By MMLC Group
The Chinese securities market is a hot area for foreign investment. Currently, China has opened the B-share market to foreign investors, and begun to open the A-share market to qualified foreign institutional investors, which means China has opened its domestic stock market to foreign capital. In terms of securities firms, China is beginning to widen market access to foreign capital.
Continuing Disclosure Obligations and Chinese Contracts – Beware
June 17, 2009 By MMLC Group
In late May 2009, the Justicw John Gilmour of the Federal Court of Australia, reserved his decision in the case brought by the Australian Securities and Investments Commission (“ASIC”) against billionaire, Andrew (Twiggy) Forrest of Fortescue Metals Group. This article looks at the precarious nature of contracting with a Chinese entity and the care that must be shown, when issuing public announcements.
A Primer on Starting a New Business in Canada
June 15, 2009 By Anurag Gupta Professional Corporation
Thinking of starting a new business but are confused whether it should be a sole proprietorship, a partnership or a corporation? Each form has its disadvantages and advantages.
Food Safety Concerns in California Rise from Processed Food Items
June 12, 2009 By The Reeves Law Group
Food safety is a major concern for more and more Americans as food poisoning continues to plague many. A mild case of food poisoning, however, may be the least of your worries when it comes to many processed food items.
E-Commerce International Approach
June 10, 2009 By S.R. Dinodia & Co.
International taxation of E-commerce
You Own the Business; Should you Own the Space?
June 6, 2009 By The Gierach Law Firm
Both individuals and businesses are faced with the choice of whether to lease or whether to purchase property. Many of the same considerations apply whether the property is an automobile, a personal residence or an office condo or building. These considerations need to be weighed by the individual or company to determine which is the right decision for you.
Plan Ahead when Selling your Business to Get the Best Price
June 6, 2009 By The Gierach Law Firm
Small business owners generally fail to plan ahead when they think they might have an interest in selling their business and consequently fail to achieve the best price. When a person sells a house, they normally redo the kitchen or bathrooms, change the carpet, or revamp the landscaping in order to achieve their top dollar for the eventual sale of the home.
Hiring a Lawyer before Starting a Franchise could Save you down the Road
June 5, 2009 By The Gierach Law Firm
Many people come out of a corporate environment with a severance payment and look for a business that they can invest in.
‘Divorcing’ a Business Partner
June 5, 2009 By The Gierach Law Firm
When a business is new and the prospect of potential success is in the air, life looks and feels good. Just as in a marriage, partners do not go into a partnership assuming that either the partnership will fail or they will need to “divorce” their partner. If the parties follow their attorney’s advice, they may have a written partnership agreement to guide and control the termination of the departing partner’s interest in the partnership.
Like a Marriage, a New Business Partnership Needs a 'Pre-nup'
June 5, 2009 By The Gierach Law Firm
When you begin a new business with a partner, no matter what the form of the business, you should have a "prenuptial agreement" for your business.
Keeping Vacation Homes in the Family
June 4, 2009 By The Gierach Law Firm
Now that autumn has officially arrived, many people have spent fond memories of visits with their family in a vacation property. Perhaps you own a vacation property in Michigan along the water or at Eagle Ridge in Galena on the golf course. Wherever the property is located, one important question is how to keep the vacation home in the family after you have passed on.
LLCs and Stock Corporations in Austria – A Comparison
June 3, 2009 By Graf Patsch Taucher LLC, Attorneys at Law
The Austrian legal system offers a broad variety of company types for individuals and legal entities. Austrian law recognizes civil partnerships, general and limited partnerships, silent partnerships, commercial cooperatives as well as companies with limited liability (LLC) and joint Stock Corporations.
Which Business Entity Is Right For You
June 3, 2009 By The Gierach Law Firm
You have decided to start your own business and have begun researching into, among other things, which business entity is right for you. There are partnerships, S-corps, C-corps, LLPs, LLCs and PCs. Quite frankly, your research is starting to look like alphabet soup.
Warranties, Representations Protect Buyer
June 3, 2009 By The Gierach Law Firm
Many business owners are retrenching in this current economic turmoil, but those who are able to project beyond
the current crisis see business opportunities.
Re-registration of Bulgarian Companies and the Obligation of Publishing Financial Reports
May 29, 2009 By Valova & Angelova
In accordance with the new Commercial Register Act all Bulgarian companies registered before enforcement of the Commercial Register Act (01. 01.08) should be re-registered under the terms of the new Commercial Register Act.
Establishing a Branch in Romania
May 29, 2009 By Enescu & Cuc Law Firm
It is possible under Romanian Law to establish branches of an existing foreign company starting its business activities in Romania. The general term of a Romanian “branch” refers to the location where companies create secondary quarters, locations where the company sets up entities which are either only empowered to administer the Romanian company’s business or only empowered to represent.
New Guidelines Now Allow PRC Banks to Extend M&A Loans
May 29, 2009 By Angela Wang & Co.
To promote the expansion of PRC companies domestically and internationally by mergers and acquisitions in the current global economic crisis, the China Banking Regulatory Commission has promulgated the “Guidelines on Risk Management for Loans extended by Commercial Banks for Mergers and Acquisitions” (the “Guidelines”) on 6 December 2008.
FIDIC Contracting Conditions are Mandatory for Works Contracted with Romanian Authorities
May 26, 2009 By Ion Florin Chivu Law Offices
In the present article we will briefly present the legal provisions in force in Romania which make the use of the FIDIC Conditions of Contract mandatory when Romanian authorities are either beneficiaries or employers.
Setting up a Nongovernmental and Nonprofit Organization in Romania
May 21, 2009 By Ion Florin Chivu Law Offices
In the following we will briefly present the characteristics of Romanian nongovernmental and nonprofit organizations.
Preserving Business Value When Acquiring Real Property
May 12, 2009 By Leighton Legal Group LLC
This information is designed to provide a general overview with regard to the subject matter covered. The author and publisher and host are not providing legal, accounting, or specific advice to your situation. You should consult with the professional advisors of your choice for specific advice.
Some Tools for Business Succession Planning
May 12, 2009 By Leighton Legal Group LLC
In order to preserve the value the business owner has created, it’s important to plan for the orderly transition of ownership. This article covers some of the tools for that planning.
Preserving Business Value for your Intended Beneficiaries
May 12, 2009 By Leighton Legal Group LLC
Dale Carnegie advised those seeking success to start with the end in mind. Business owners would do well to plan for preserving the value of their business for the time when they are no longer in business.
Preserving Business Value when Key People Stop Being Part of the Business - After a Merger
May 12, 2009 By Leighton Legal Group LLC
This information is designed to provide a general overview with regard to the subject matter covered. The author and publisher and host are not providing legal, accounting, or specific advice to your situation. You should consult with the professional advisors of your choice for specific advice.
Business Succession Planning: Funding the Plan
May 8, 2009 By Leighton Legal Group LLC
There are two basic sources of funding your business succession plan. Either the seller funds the transition plan, or the buyer does. How you fund the plan will affect the price, the terms, and the subsequent involvement of the selling owner.
Protecting Business Value from Claims of Creditors
May 8, 2009 By Leighton Legal Group LLC
This information is designed to provide a general overview with regard to the subject matter covered. The author and publisher and host are not providing legal, accounting, or specific advice to your situation. You should consult with the professional advisor of your choice for specific advice.
Gifts to Charity: Helping Good Causes and Good for Business
May 8, 2009 By Leighton Legal Group LLC
So you wrapped up your annual income tax filing responsibilities. Do you just want to put away the tax matters until next year?
Independent Broker Can Help Preserve and Protect Business Value When Trying to Sell
May 8, 2009 By Leighton Legal Group LLC
The business owner who has decided to sell the enterprise still wants to preserve business value through the sales process. An independent broker can add value to this process by identifying motivated buyers, guiding the client on determining a price, navigating the course, and preserving confidentiality.
Before you Jump In: Deciding to Start your Business
May 8, 2009 By Leighton Legal Group LLC
So you think that the best boss in America would be the man or woman who stares at you in your mirror each morning. So you think you can build the better mousetrap, provide the better service, create the better way.
Management and Maintenance Contracts for Investment Properties in Bulgaria
May 5, 2009 By Stefanova and Ivanova Law Firm
Reputable market researchers has described Bulgaria’s property market as one that has made a return for 2009 and more precisely the winter sports resorts that the country is becoming increasingly famous for.
Can Foreign Investors Purchase Land in Romania?
April 24, 2009 By Ion Florin Chivu Law Offices
Before the accession of Romania in the European Union there existed strict rules that prevented foreign investors, either legal or natural persons, to purchase land in Romania. After January 1st, 2007 when Romania joined the European Union these rules have been changed and as such presently foreign investors are allowed to purchase land in Romania under certain conditions.
How can a Foreign Investor Hold Shares in a Romanian Limited Liability Company?
April 17, 2009 By Ion Florin Chivu Law Offices
Foreign natural or legal persons are admitted by the Romanian law to hold shares in Romanian limited liability companies. There is no limitation as to the share capital with a foreign investor, either legal or natural person, can hold in a Romanian limited liability company. As such, a foreign investor can hold the total share capital of a Romanian limited liability company, it thus being the sole shareholder.
Easing the Prohibition of Financial Assistance Rules in Malta - Recent Developments
April 17, 2009 By CSB Advocates
Maltese law by the Companies Act in 1995, replacing the Commercial Partnerships Ordinance originally promulgated in 1962. Drawing extensively on the UK rules, the Maltese law provisions were introduced to bring Maltese law in line with developments in company law theory and practice in Anglo-Saxon jurisdictions in this regard, primarily curbing abusive practices in takeovers and acquisitions by protecting the company’s capital and, safeguarding its shareholders, creditors and employees.
China’s New Anti-Monopoly Law – An Analysis of Recent Decisions Regarding Foreign Investment and Trade
April 16, 2009 By MMLC Group
This article analyses the new Chinese Anti-Monopoly Law, and recent decisions in international M&A transactions under this law - including the Inev/Anheuser Busch transaction, the Coca Cola/Huiyuan transaction and the Mitsubishi Rayon/Lucite transaction. This article also suggests steps that can be taken to maximise chances of approval being obtained from the Chinese Anti-Monopoly Bureau in M&A transactions requiring approval.
New Frontiers for Corporate Regulations in Nigeria
April 16, 2009 By Brooke Chambers
The development of the law, legal events and time have been complimentary for centuries. Every standard law will require updating after the occurence of influential events especially comparative global trends in corporate law and practices. One of such laws is the Nigerian Companies and Allied Matters Act 1990 which remains the most single significant corporate law in Nigeria. Some of the required updating are new business laws, new corporate regulatory practices, corporate ethics, etc...
Consents and Approvals for Acquisition of Voting Shares in Charter Capital of LLPs and JSCs - Kazakhstan
April 6, 2009 By McGuireWoods Kazakhstan
A transaction on acquisition of participatory interest or shares in charter capital of legal entities concluded without consents and approvals required by the Kazakhstani legislation may be acknowledged invalid by court at the suit of interested parties.
So your Business has a Legal Problem. . . 8 Useful Tips on what to Expect from your Lawyer
April 4, 2009 By Ellyn Law LLP
As a business owner, you are usually run off your feet with the challenges of operating your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because they don’t know where to turn, don’t have the time, or most often, are afraid of how much it will cost and how much time it will take. The authors give tips on how to get legal advice efficiently.
The Business Legal Checkup: Preventive Advice for the Legal Health of your Business - Canada
April 4, 2009 By Ellyn Law LLP
The authors, explain how a Business Legal Checkup ("BLC") can be useful. BLC is a diagnostic tool small and medium size businesses can use to verify if legal aspects of their operation comply with law and to minimize risk, litigation and expense. When the BLC is completed, the business owner receives a lawyer’s report red-flagging matters which need correction, improvement or further legal advice. Contact the authors for more information.
Setting up a Limited Liability Company in Romania
April 3, 2009 By Ion Florin Chivu Law Offices
In the following we would like to generally refer to the conditions, costs, steps and time frame for setting up a limited liability company in Romania.
From Regulation to Self Regulation - Russia
April 1, 2009 By Lidings Law Firm
In July 2008, the State Duma passed the Federal Law No. 148-FZ “On Amendments to the Town Planning Code of the Russian Federation and Other Statutes of the Russian Federation” (“Statute”) which introduces substantial amendments to the construction business in Russia and delegates regulation over construction activity to self-regulating organizations.
Relevant Aspects about Distribution Contracts Prepared in the USA and Executed in Mexico
March 30, 2009 By Molina Izabal SC
By definition, most of the Distribution Contracts signed between US distributors and Mexican growers, involve 2 different applicable laws and jurisdictions. Even though the majority of these contracts are prepared and signed, under the regulations of some US state, once the default of the grower comes up, those contracts need to be executed by a Mexican Court, where the grower is actually located.
What Type of Company should I Set up in Romania, as a Foreign Investor?
March 27, 2009 By Goia & Taralunga Law Offices
The most frequently used types of companies in Romania are the limited liability company (“SRL”) and the joint stock company (“SA”). They are also the most recommended. From a fiscal point of view, one can choose to set up a ‘micro company’ or a ‘small and medium company’.
Practice & Procedures for Properly Closing a Foreign Invested Company in China
March 26, 2009 By Gaopeng & Partners
In light of the financial downturn, many foreign invested companies simply are abandoned by their foreign investors. However with recent guidelines issued by the Chinese government, foreign investors may be subject to more substantial liability, for failure to properly close their FIE. This article sets forth guidelines regarding proper closure of an FIE.
Suspension of the Execution of the Public Registry of Commerce of the City of Buenos Aires, Argentina
March 25, 2009 By Canosa Abogados
On February 6th, 2009, the National Commercial Chamber of Appeals conceded as a provisional measure the suspension of the effects of law No 2,875 passed by the Legislature of the City of Buenos Aires (the “Law”). Such law created the Public Registry of Commerce of the City of Buenos Aires (the “PRC of the City of Buenos Aires”).
People’s Republic of China Now Allows Capital Contribution by Equity
March 23, 2009 By Angela Wang & Co.
In a move welcomed by both domestic and foreign investors, the State Administration of Industry and Commerce (“SAIC”) promulgated the “Administrative Measures for Registration of Capital Contribution by Equity Stock” on 14 January 2009 (“Measures”) and the Measures became effective on 1 March 2009.
Establishing a Legal Presence in Russia
March 20, 2009 By Norman DL Associates
Choosing which type of legal entity to register is one of the most important stages before undertaking business activity in Russia. The type of legal presence will influence all activity, including financial and tax reporting, customs and currency control. Therefore, an investor should pay special attention to determining the appropriate corporate form which will help him achieve his goals while meeting all legal requirements.
Anti-Crisis Measure #1: Cutting Labor Costs - Ukraine
March 18, 2009 By Frishberg & Partners
Admittedly, the current economic crisis has dealt a severe blow to the foreign business community in Kiev. As a result, most companies are taking radical anti-crisis measures in order to survive. And cutting labor costs is at the top of everyone’s list.
You Own the Business, Should you Own the Space?
March 8, 2009 By The Gierach Law Firm
Both individuals and businesses are faced with the choice of whether to lease or whether to purchase property. Many of the same considerations apply whether the property is an automobile, a personal residence or an office condo or building. These considerations need to be weighed by the individual or company to determine which is the right decision for you.
Investigation and Self-Protection Prudent when Hiring Contractors
March 8, 2009 By The Gierach Law Firm
Recently, there was an article in The Sun in which some Naperville residents claimed that the contractor ripped them off (October 19, 2005). What could these homeowners have done to protect themselves from a potentially unscrupulous contractor?
Termination of Employment Relationship in Indonesia
March 3, 2009 By Simbolon & Partners
Recently the problem of the termination of employment relationship is frightening many of the employments in Indonesia. This phenomenon is caused by a severe global economic crisis that occurred at this time causing many companies to consider retrenchment, including reduction the number of the employments. This has caused the rising number of unemployment in Indonesia. This condition should be avoided so all the parties, both entrepreneur and workers do not have more in suffer.
Is there a Contract, has there Been a Breach of Contract, and What Damages can a California Contract Lawyer Recover?
March 1, 2009 By Law Firm of Attorney R. Sebastian Gibson
This article shows how a contract lawyer in California determines if a contract exists under California law, whether there has been a breach of that contract and what damages the performing party is entitled to recover. As this California contract attorney shows, just as there are different types of contracts, written, oral and implied, there are also different types of damages that may be available if there is jurisdiction in California and if the statute of limitations has not run out.
Nigeria and Debt-Financing of Joint Venture Cash Calls
February 21, 2009 By Blackfriars LLP
Nigerian Government may debt finance and/or equity finance its 2009 joint venture cash call obligations.
