Business and Industry Law Articles

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

Legal Considerations for Operating a Home-Based Business

Almost half of the small businesses in the U.S. are operated from home, and that number is growing as the working population ages and changes careers. While the convenience of operating a home-based business is hard to beat, you need to be sure you are not running afoul of any local regulations or state tax laws while operating your business. Some considerations:

101 of Non-Compete Agreements: Everything You Need to Know about Protecting Your Business

Today’s advances – technological, scientific, and business – are all driven by competition. As a business owner or an entrepreneur, you’re likely faced with a serious competition that drives you to constantly enhance and update your product and services range. Competition is healthy, as it promotes innovation – but what happens when you find a competitor amongst your own employees?

Accessory Liability and ‘Common Design’

A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.

Tax Effects of the Dissolution of Companies in Panama

Article 528-A of the Commercial Code, added by Act 85 of 2012, deals with the dissolution of companies and explains causes and effects of their permanence in time to the end of the liquidation of its assets, after collecting their debt and pay its liabilities.

Lending Out Money Safely in Kenya

The concept of lending out small loans has become synonymous among Kenyans.

Tax Deductability of Bribes in Greece

The prohibition of tax deductibility of bribes and the risk of claiming these payments as "expenses" in order to get a tax return under the Greek law.

Regulation to Avoid Double Taxation in Accordance to the International Agreements Signed by Panama

The application for the tax benefit must clearly state the provisions supporting the right for the benefit.

Family Offices

Many family offices (FO) started their business as so called single family offices, where the family owns the FO and serves only the owner family. Instead of covering the entire operative costs, many owners of single FO decided to offer its services to other families as well. This concept is called multi-family office (MFO) or multi-client family office. Only a few MFO have founded their business independently, without a large family backing it.

Commercial Contracts: Breach of Warranty

Claims under a contractual warranty must fully comply with procedures set out in commercial contracts – including where a limitation period is imposed on warranty claims. The UK courts have recently upheld restrictions on warranty claims relatively strictly against purchasers. In a recent case, the purchasers under a commercial contract were time barred from making a claim when a dispute arose.

No Cyber Liability Coverage for Knowing Refusal to Release Data

Last month, one of the first courts to address coverage under a cyber liability policy held that allegations of refusal to release data to a customer did not trigger a duty to defend the insured for technology errors and omissions liability.

Know the Rules for Hiring and Managing Interns

Many small businesses thrive with the extra help interns provide at little or no cost to the business. However, there are things small business owners need to know about hiring and managing interns.

HRC Constance on Margin of Discretion and Liability of Managing Director

Managing directors of a GmbH (German limited liability company) enjoy a margin of discretion within which they are not subject to personal liability. Even in the case of unjustifiable dealings, liability for shareholder-managing directors is not triggered until later on.

Unfair Competition in Germany: Abundance of Information and Labelling Requirements

Unfair competition harms consumers and businesses that comply with the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb (UWG)). Violations of the UWG can be sanctioned.

Non-Payment of Hire

In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.

Business Succession: Small And Medium-Sized Businesses Seeking Young Professionals

Wanted: Successor! The Frankfurter Rundschau reports that, according to a study by the bank KfW, the managers of around 580,000 small and medium-sized businesses wish to retire by 2017.

When Buying from Foreign Sources, What Can You Do if the Seller Does Not Send Your Product?

Buyers large and small have begun purchasing from foreign sources. Sites like have revolutionized the international market for consumers, while the Internet in general has made it easier for companies to interface and conduct business with others around the world.

Employee Incentivisation – An Overview

Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company

Compliance To Prevent Losses

For their own benefit, executive boards ought to issue carefully defined rules of conduct. Compliance is an important topic both from a legal and media perspective.

Statute of Limitations for Collecting Debt

For torts, crimes and even the collection of debt, there are laws regarding how long a claim is actionable. These laws help provide a sense of finality for affected individuals so that they do not have to forever be worried about potential adverse effects.

Are Verbal Agreements Binding?

Verbal agreements are contracts even though they were not memorialized in a writing. Assuming that the contract is valid, the verbal agreement between two parties is binding. However, verbal contracts may have unique complications to them.

Concept and Purposes of Due Diligence in Spain

The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.

Minimum Wage: Principal Employer Also Liable For Subcontractors

The introduction of the national minimum wage does not only apply to direct employment relationships; general contractors are also liable for their subcontractors.

Planning for the Unplanned - Does Your Business Have an Exit Strategy?

In an another article that I recently published, "5 Common Legal Missteps That Small Business Owners Make," I provided a general overview of each of the listed mistakes, as well as some advice for how to avoid, or overcome, them. Some of those mistakes, however, including number 2 on the list – not discussing and executing a buy-sell agreement or exit strategy – deserve more in-depth treatment and discussion.

5 Common Legal Missteps Many Small Business Owners Make and How to Avoid Them

Whether you are just beginning to think about forming your own business, or you've been "in the game" for years, there are 5 legal missteps that anybody can make, and that are made all too often. Luckily, however, these common missteps are also fairly easy to avoid, with just a bit of knowledge and planning!

62% Take 121 Days to Settle Invoices

The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.

Shipping Contracts: Interpreting the Terms

The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual fact-finders to be reasonable.

Legal Process Outsourcing (LPO) in Egypt

Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).

Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.

Outline of the New Insurance Code of the Democratic Republic of Congo

The new DRC Insurance Code represents a real revolution in this sector, which has been so far affected by the disparity of laws, which are sometimes obsolete and unsuitable to the international conventions in this matter, and by the monopoly granted to the "Société Nationale des Assurances ".

Adjudication Agreements: When are they Legally Binding?

The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.

The German Protection against Dismissal Act and its Implications

Employers wishing to dismiss their employees have to be mindful of various regulations, the most significant of which in many cases is the German Protection Against Dismissal Act (Kündigungsschutzgesetz (KSchG)).

Legal Audits in Kenya

Legal Audits are becoming a key component in corporate governance.

Commercial Contracts: Duty of Good Faith

When will the parties to commercial contracts be legally required to act honestly and with integrity? A recent ruling of the UK’s High Court makes clear when the obligation to act honestly and with integrity will be implied into a commercial contract. The court was required to consider in what circumstances a requirement to act honestly and with integrity would become an implied term of a commercial contract and, furthermore, what behavior would trigger a breach of that obligation.

Fixed-Term Employment Contracts and What to Watch Out For

Newly concluded employment contracts can be restricted to a period of 24 months. Mistakes in a fixed-term employment contract can result in lawsuits before a labour court.

Used Car Does Not Run, What Can You Do?

Attorneys frequently receive questions regarding defective used cars. All too often, people purchase a used vehicle with verbal assurances that everything works fine and that it will be quite reliable, only to discover that neither is the case. What can you do when this happens to you?

Cyprus Companies Law Further Amended

Cyprus is keen to preserve its favourable recognition amidst changes in the global economy. The aim of the new amendments to the Cyprus Companies Law, Cap. 113 (“CCL”) is therefore to ensure that Cyprus continues to offer a clear and stable approach to corporate law by updating or adapting a number of existing provisions to meet recent developments.

Updates on Indian Companies Act

There was a time when talks were going around that starting up a private company and its maintenance will become a tedious task with numerous compliances and strict procedures, will cause it to take a back seat. The exemptions provided to private limited company under the Indian Companies Act, 2013, come as a stroke of blissful breeze.

Promotion of Investments by Venture Capital Funds in Spain

The new law for the investments in venture capital funds in Spain represents a further step for Spain out of the crisis and ant opportunity for investors.

Practical Considerations in Setting up a Corporate Joint Venture under English Law

Are you thinking of setting up a corporate joint venture in England? If so then here are a few practical matters to consider before you enter into the joint venture.

Efficacy and Validity in International Law

Compliance and its relation to validity is one of the central points in the discussions related to the international law. H Kelsen stated that ‘the efficacy of law constitutes a condition of the validity of law’[1], where efficacy refers to ‘whether law is actually observed’[2] and ‘validity whether law must be observed’[3].

Singapore The Island Nation with Global Significance

Singapore is a hub for international arbitration. Learn more about the city-state and what to do to prepare for an upcoming arbitration.

Commercial Contracts: Beware Signature Blocks

Correct execution of commercial contracts is an important step to ensure the terms of the contracts are legally binding on the parties. How will the courts decide whether or not a contract is binding where there is a dispute over how the contract terms have been accepted - other than with a signature in the contract itself? A recent ruling of the High Court in the UK provides useful guidance to commercial lawyers and their clients on the signing of legal documents.

Corporate Joint Ventures – Initial Considerations under English Law

Are you considering setting up a joint venture in Europe? If so you might consider setting up the joint venture under English Law. Here are a few initial considerations.

Compulsory Marine Liability Insurance

If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.

Voluntary Liquidation of Branch and Representative Offices of Foreign Legal Entities in Kazakhstan

  By Integrites
Many legal entities, including non-resident legal entities (hereinafter the "Legal entities") while conducting their business activities often face the necessity of expanding their businesses not only within their country of incorporation but also by the presence of in different regions as well.

Duty of Care: A Professional Consultant’s Duty to Warn

Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?

Following Ruling Against Top Manager – Compliance Becoming Increasingly Important

It is clear following the spectacular ruling against a former top manager that case law is becoming tougher and compliance increasingly important for businesses and corporations.

D&O Liability: Recourse Claims Against Executive Board, Managing Directors or Supervisory Board

Recourse can be taken against governing entities such as managing directors, executive boards or supervisory boards where mistakes are made in managing the company. The extent of recourse claims is disputed.

Market Entry in Germany for Foreign Investors: Consider Legal and Tax Aspects

The German market is of interest to many foreign investors. However, there are a lot of legal and tax aspects that need to be considered when entering the German market.

Company Incorporation in Myanmar - 100% Foreign Ownership

The Republic Union of Myanmar laws and regulations are different in many aspects.

The Right to Place Items on the Agenda: A Powerful Weapon for Shareholders

The right to place items on the agenda can be a powerful tool. In this way shareholders can apply pressure to the board, or, as the case may be, the company. Recently, a dispute about adding an item to the agenda of a meeting at Fugro by Boskalis was submitted to the court in preliminary relief proceedings.

What Are the Elements of a Contract?

Two individuals or entities may reach an agreement regarding any course of business and put this agreement in the form of a contract. If one of the parties does not uphold his end of the bargain, the non-breaching party may pursue legal remedies for this breach. In order to prevail with such a lawsuit, the moving party must establish certain legal elements.

German Executive Board Liable for Inadequate Compliance System

The executive board of a stock corporation (Aktiengesellschaft (AG)) or the management of a German limited liability company (GmbH) bears responsibility and is liable for a functioning compliance system. This stems from a ruling of the Munich Regional Court.

Removing a Shareholder from a Business

Here is the flow of issues when a shareholder is removed from a business: Termination of employment → Buy-back of shares → Non-competition → Claims for unfair oppression. Let’s start at the beginning, which is the end of employment.

Are There Any Ways to Fight Big Businesses Moving Into the Neighborhood?

The American economy has changed quite a bit over the last few decades. One of the biggest changes over the last 100 years has been a shift away from small, family owned stores to the “big box” megastore.

Overview of Cyprus Merger Control Rules

The Cypriot regime governing the control of concentrations is often surprising for foreign businesses and their counsel, due to the relatively low thresholds. Considering however that entirely foreign-to-foreign mergers and acquisitions, as well as joint ventures, can be caught under the Cypriot merger control regime, we have authored this note as guidance to all parties involved in a transaction that meets the jurisdictional thresholds that trigger a Cyprus filing.

Weak Euro Can Result in Problems for Foreign Currency Loans

The ECB wants to purchase government bonds on a large scale. One consequence of this could be another collapse in the euro exchange rate. This might lead to problems for financial investments with foreign currency loans.

Shareholder Agreements under English Law – Basic Share Structure and Share Transfer Considerations

If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates the rights and obligations of shareholders.

Bundesverfassungsgericht Overturns Tax Privileges for Company Heirs in Germany

On December 17, the German Federal Constitutional Court (Bundesverfassungsgericht) overturned tax privileges for company heirs which were said to be unconstitutional. The legislature has until mid-2016 to establish a new arrangement.

Shipping Contract Disputes

A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in question contained a jurisdiction clause, which can affect both the outcome of the case and any damages awarded.

Valuation: Duty of Care to Investors

What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.

Shipping Arbitration Agreements

Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.

Trademark Law: Financial Institutions Fight Over Use Of Colour Red

Two large credit institutions are fighting over the use of a particular colour because colours have a significant and memorable effect on consumers.

Fast Food and Franchise

A well-known fast food chain has terminated the contract with one of its franchisees in Germany, but the latter is fighting back. There are several pitfalls that one needs to be mindful of regarding franchise agreements.

Ruling on Inheritance Tax Unnerves Family Businesses

The German Federal Constitutional Court’s (Bundesverfassungsgericht) ruling on inheritance tax is unsettling many businesses. Tax privileges for company heirs shall be limited going forward.

Minimum Wage Creates New Obligations For Employers

The statutory minimum wage of 8.50 euros per hour applies in Germany as of this year. One in every eight businesses, or twelve per cent, throughout Germany are affected by the minimum wage.

How Do I Setup a Corporation?

Congratulations on planning to start your own business. But, as many a budding entrepreneur has discovered, it is not as easy as picking a name and opening a shop. To actually establish a business, you need to make a few choices and go through a series of filings. So, how do you setup a corporation?

What Makes a Contract Valid?

Attorneys hear this question quite frequently: what makes a contract valid? In truth, many components come together to make a valid contract, but some are essential while others are merely useful or even extraneous. So, here are the components of a valid contract:

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

The new Turkish Commercial Code (“NTCC”) No. 6102 entered into force on July 01, 2012. In parallel with the harmonization process of Turkish Law with acquis communautaire, the NTCC has significantly changed the system and replaced the outdated provisions of the former 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.

Thailand Business Structures Incorporation

Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.

Inheritance Tax: Cuts For Company Heirs

Following the German Constitutional Court’s (Bundesverfassungsgericht) ruling at the end of 2014 that inheritance tax must be partially reformed, company heirs may be faced with large cuts.

Concept and Purposes of Due Diligence in Spain

The due diligence refers to an investigation procedure prior to acquiring or investing in a project. The aim of the due diligence is to give the investor or buyer a full knowledge of all the costs, benefits and risks involved in the transaction, so that he can take a reflexive decision.

Tax Evasion: More Than 18,000 Proceedings Suspended Following Voluntary Disclosure

The number of voluntary declarations in cases of tax evasion is increasing and with it the number of suspended proceedings. More than 18,000 proceedings were suspended in 2013 according to media reports.

Incorporation of Companies in Hong Kong and in Singapore

In light of increased recent interest in incorporating corporations in Hong Kong and in Singapore, we have summarized briefly hereunder the procedures and the advantages of such corporations, as follows:

Tax evasion: Typical mistakes with voluntary declaration

Although there are no formal requirements for a voluntary declaration in cases of tax evasion, mistakes can result in the ineffectiveness of the voluntary declaration and the threat of a conviction.

Tax Evasion: Voluntary Disclosure, Interest And Penalties

Voluntary disclosure in cases of tax evasion remains a possibility in 2015, but tax evaders will be asked by the exchequer to pay a heavy price.

Tax Evasion: More Than 25,000 Voluntary Declarations In Baden-Württemberg Already

The number of voluntary declarations in cases of tax evasion continues to increase. More than 25,000 voluntary declarations have since been submitted in Baden-Württemberg according to media reports.

The Basics of Crowdfunding

Over the past couple of years, the process of crowdfunding has become hugely popular as a means to start businesses, launch new products, or support any number of causes. In this post, we’ll cover what crowdfunding is and how it gained popularity as well as the different types of crowdfunding so that you can either utilize the different platforms available to fund your own project, or to make wiser investments.

Business Tax Deductions

Business expenses are the associated costs of carrying on a business. Such expenses are typically deductible if a business is operated to make a profit.

The Process of Qualifying to Do Business in Another State

If your Florida-based business has operations in more than one state, you should be aware of the operating requirements for each state in which you do business — a process known as “qualifying to do business.” Whether or not your company must qualify to do business in another state depends on whether it engages in intrastate commerce or interstate commerce.

The Importance of Non-compete and Non-solicitation Provisions in Your Employment Agreements

Reasons to consider non-compete and non-solicitation agreements.

What to Do with Your Liquor License if Your Business Closes

How to handle a New York liquor license when not operating.

Is Sole Proprietorship the Right Business Structure for Your Company?

Sole proprietorship are the most popular form of business structure in the United States, with more than 70% of businesses owned and operated by sole proprietors.

Luxembourg Declares War On Tax Evasion – Voluntary Disclosure As An Alternative

Even Luxembourg is now taking the fight against tax evasion seriously. Income from interest will soon be reported to the German exchequer. Those affected ought to consider a voluntary declaration.

Foreign Companies in Ecuador

Foreign companies wishing to open a branch in Ecuador, should be incorporated in their country of origin as a trading company, may be of limited liability or a Inc and consider the following issues.

Promotion of Investments by Venture Capital Funds in Spain

The new law for the investments in venture capital funds in Spain represents a further step for Spain out of the crisis and ant opportunity for investors.

Tax Evasion: Longer Limitation Periods For Illicit Earnings Outside Of EU – Voluntary Disclosure

The planned law to tighten the rules for voluntary disclosure in cases of tax evasion is expected to be adopted before Christmas. Voluntary disclosure will then be more expensive and difficult from 2015.

Tax Evasion: Bundestag Discussing Tightening the Rules for Voluntary Disclosure

The German Bundestag is currently discussing the draft legislation concerning the planned tightening of the rules for voluntary disclosure in cases of tax evasion. The law is likely be passed before Christmas.

Tax Evasion: Only An Error-Free Voluntary Declaration Affords Protection Against Conviction

Voluntary disclosure can pave the way back to legality in cases of tax evasion. However, this will only succeed if the voluntary declaration really is error-free.

Amendments to Hong Kong Listing Rules relating to Risk Management and Internal Control

On 19 December 2014, the Stock Exchange of Hong Kong published amendments to the Corporate Governance Code and Corporate Governance Report contained in Appendix 14 of the Main Board Listing Rules (“the Code”) to include specific provisions relating to risk management and internal controls into the Code.

Worry and Reassurance: A New Food Safety Law in China and What You Can do for Your Customers

Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are still out there. But there are two things to keep in mind.

Risk Management and Prevention Strategies for Start-Ups in China

For any start-up, there are multiple legal issues involved in building your business but risk management and prevention issues can be arranged into four major risk areas.

What Does the FDA Do

If you have ever looked at a warning label on food or medicine, you may have noticed something that said “FDA Warning,” or “The FDA requires.” But what is the FDA, what does it do, and how does it enforce its rules?

Avoiding of Risks in Property Interests Purchase in the Ukraine

Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.

10 Legal Tips for Business Startups in Florida

If you are starting a Florida business, you are certainly not alone. The last economic recession made entrepreneurs of many Florida residents.

Intellectual Property: 3 Legal Tools to Help You Protect Your Business Idea

If the success of your small business rests with your intellectual property, then you should be very interested in how you can protect it. Filing for a patent can be costly and time-consuming; you may not be able to wait that long, especially if you need to share your idea with others for it to come to fruition.

Common Defenses for a Breach of Contract Claim

Breach of contract claims — when one party sues another for failing to deliver on the terms of a written or oral agreement — are one of the most common business disputes in Florida courts today. Consequently, it is useful for Florida business owners to be aware of some of the common defenses for a breach of contract claim:

How Lawyers Help Small Businesses

It is easy for small businesses to gloss over hiring a lawyer because other matters, such as marketing, operations and advertising seem more pressing. Many legal issues may not be of immediate concern to small business owners who easily justify holding off on paying for these services. However, there are many ways that lawyers can help small businesses.

10 Ways Real Estate Agents Can Avoid Litigation

It is possible for any industry to avoid litigation. Here are ten ways that insurance agents can try to avoid litigation. However many of these would apply to any industry.

Acquisition of Real Estate in Turkey by Foreign Individuals

Every country has its own legislation regarding acquisition of real estate by foreign individuals within the scope of its own political, economical and social requirements. Acquisition of real property by foreign real persons in Turkey is restricted by laws as well. The main purpose of this brief article is to explore the legal restrictions of purchasing real estate in Turkey by foreign individuals.

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