Business and Industry Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Business and Industry.
Information about starting and registering a business, including types and establishment process and liabilities of shareholders and regulations of a company, establishment process and customary time period as well as list of necessary documents for a company establishment in Turkey.
Voluntary disclosure in cases of tax evasion is a complex issue. Even minor errors can result in an ineffective voluntary declaration, and then there is the threat of a conviction for tax evasion.
Small business lawyers play a vital role in the formation and retention of a business. They are also a source of trust and expertise for small businesses that must rely on their work and advice. Here are several questions to ask a small business lawyer before deciding to hire him or her.
In light of the advancing globalisation of trade and commerce, distribution law is becoming increasingly complex because national and international standards and laws have to be observed.
What is a Transfer of Ownership? As they say, all good things must come to an end. Maybe you’d like to retire, or maybe it’s time to pass the family business to the next generation. For one reason or another, many business owners will face a time when they need to transfer their ownership rights to another person or entity.
According to a survey by the “Welt am Sonntag”, the authorities have already received more than 35,000 voluntary declarations for tax evasion in this year.
This brief information note aims to provide information regarding capital company formations in Turkey and in Romania in a comparative manner.
General contract law is characterised by the principle of contractual freedom. This private autonomy applies as long as it does not infringe laws or is contra bonos mores.
Right and obligation of property brokerage company is stipulated under the Minister of Trade Regulation Number 33/M-DAG/PER/8/2008 on Property Brokerage Company (“Permendag No. 33/M-DAG/PER/ 8/2008“). Property brokerage company is the entity that operates as a sale and purchase broker, lease broker, research and assessment, marketing, as well as consultancy and information dissemination relating to a property based on employer’s or client’s instruction under a written agreement (“Company”).
Breaking Employment law? You may be a great employer, but you may be breaking employment law without even knowing you’re doing it. It’s pretty easy, as a business owner and an employer, to accidentally break the law. Here are five ways it can happen.
Ever bought something only to discover it did not work? Usually a larger retailer will take the item back, but some smaller companies are not always so willing to do so. When this happens, what can you, as the consumer, do about it?
To receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.
It is crucial both in one’s private life and in business to cover oneself against damage and loss. It is not, however, always easy to enforce claims from an insurance policy if damage or loss has occurred.
It’s easy to feel lost when first reading the language used in business contracts; all those details swirling around are important, but often difficult to follow. Placing legal terms in context, and gaining an understanding of provisions, are great ways to start feeling comfortable with this common contract that’s the backbone of every transaction.
Any entrepreneur participating in economic life finds himself facing an abundance of laws, standards and regulations arising from various fields of law – national and international.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
Perhaps fuel could be the quickest product to come in to mind when thinking about petroleum, but the list of petroleum products is long and includes numerous materials such as propane, liquid fuels blending such as kerosene, benzene, etc…lubricants, sulfar, asphalt and many more….Petroleum contracts through the history were designed with crude oil in mind, and this ethos still dominate the structure of the contracts up to this date.
Banking secrecy might soon be a thing of the past and tax evaders will come under more and more pressure. 51 states have signed a tax treaty in Berlin concerning the automatic exchange of information.
Strong business contracts are essential to protect yourself and your business. Below are four key steps to creating effective business contracts.
Every citizen comes into contact with sales tax, also referred to as turnover tax, on an almost daily basis, as it is payable on every purchase and service.
Tax evaders who wish to pre-empt a conviction for tax evasion with a voluntary declaration ought to hurry. Stricter rules for voluntary disclosure shall apply from 2015.
Switzerland has perhaps had its day as a tax haven. According to media reports, Swiss investigators are supporting German tax investigators in searching several banks.
Switzerland is serious about the fight against illicit earnings and tax evasion. It wants to participate in the automatic exchange of information between EU states.
Opening of the representative office of the foreign company in Ukraine can be a complicated process where numerous ins and outs must be taken into account. It may be full of unnecessary delays and worries for citizen of other countries, since they are not familiar with the requirements of the Ukrainian legislation. In addition, language barrier is also a subject for consideration.
According to the widely common international practices, originals of the most important documents should be executed in more than one language which are native for each of the participants of the agreement. In such a manner, all the parties of the international agreement should clearly understand and accept the essence and conditions of document to follow with the stamps and signatures at the moment of signing the document.
Foreigners interested to put footprint in Turkey have various options, such as formation of a capital company in Turkey (mostly used joint stock companies and limited liability companies) or incorporation of its' Branch offices and Liaison Offices in Turkey.
Companies and entrepreneurs are responsible for ensuring that no legal violations arise from within the company. That is why compliance is an important issue.
The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant to a specific activity or sector, as well as on the needs and goals of the investor.
Following the privatization of energy market in Turkey, in last 10 years, many big investors have lined up to obtain energy generation, distribution, wholesale and retail-sale licenses in order to make investments in energy sector due to its high profit potential.
Things are becoming increasingly more difficult for tax evaders within the EU. The EU finance ministers have now agreed to a comprehensive exchange of information among the national tax authorities.
By STA Law Firm
Agreeing with your spouse to reimburse him or after a shopping trip? A contract. Buying a plane ticket? A contract. Signing an offer letter from an employer who has offered you a job? A contract. A multi-page complex document laying out terms and conditions of a high value corporate deal? A contract.
The key provisions of a Management Agreement for an ambulatory surgery center. Most surgery centers have a manager. Sometimes the manager is an outside management service organization (MSO) that specializes in surgery centers, and sometimes the manager is an insider entity owned by the founder / physicians of the surgery center.
Explaining the legal issues for health care franchises. Medical, dental, and veterinary franchises exist in the marketplace, witness Doctors Express, Comfort Dental, and Banfield Pet Hospital. Let’s see if they’re legal.
Corporate succession has to be arranged in many companies before long. If the firm is bequeathed then it should be anticipated that tax privileges are set to be withdrawn in the foreseeable future.
Every year, people flock to different locations for a change of scenery. Whether contracting with a vacation home agency, organization, national chain or individual homeowner, there may be a variety of remedies available if the home is not available upon arrival. However, the first step is usually to try to work it out before seeking legal remedies.
To achieve the aspirations and hopes of our wise leadership, and to materialize their goals by execute huge projects supporting development plans wheel that serve both citizens and residents on equal basis. Solutions should founded and obstacles should be overcomes to meet this request through attracting world experiences.
Tax evaders who now act swiftly and submit a voluntary declaration can save a lot of money because penalty surcharges in the context of voluntary disclosure will substantially increase from 2015.
The district court in Amsterdam had recently ruled – in preliminary relief proceedings – that invoking the regulation in a shareholders’ agreement that a decision to dismiss a director should be adopted unanimously, was contrary to the principles of reasonableness and fairness that apply to Dutch law in general. According to the court in preliminary relief proceedings such a stipulation was out of line, and not in the interest of the company. Dutch corporate lawyer Martijn Kessler explains.
A 72-year-old master hairdresser was sentenced by the Regional Court (Landgericht) of Duisburg to two and a half years in prison for tax evasion. She was said to have evaded approx. 445,000 in taxes.
Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H, and the stipulations of the 2nd paragraph of the 7th Article of the Regions Law issued in 1412H, and this stipulates that the Prince of each region is to be responsible for execution of the judiciary rules in its final status, and now we conclude that the administrative ruler was the one to execute such judicial rules.
A Cyprus company can be registered within two working days provided the pertinent documentation is submitted to the Registrar of Companies.
It is possible to evade taxes even in the absence of intention. In these cases, an amended tax return is preferable to a voluntary declaration.
Many Florida couples are co-owners of a family business. As long as their marriage continues on good terms, the business usually runs without a hitch.
Legal parlance in our system is not to be confused with standard English. Often, words commonly used in standard English have a very different meaning in the legal context. For example, take the word 'consideration.' You know that this word typically refers to civility or empathy in socializing. Not so in legalese.
By Planet Depos
Taking depositions in Germany can be easy with the proper planning and scheduling.
How a dissolution matter can effect a functioning family business in California.
Not all businesses have policies in place that will allow you to have a full refund if you are not satisfied with goods. However, there may be a variety of remedies available to you if you are not satisfied with an order of goods that you received.
More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out of arbitration cases. Judges often have to remind litigants of the deference given to arbitrators, when the parties have agreed on arbitration as their dispute resolution method. In this presentation, Igor Ellyn reviews nine of the latest cases and explains how they affect the law and practice of arbitration in Ontario and Canada.
Understand your timeshare contract obligations, the hidden language, and the defenses that may get you out of your agreement.
There are numerous ways in which a product may be considered defective. Once an item enters the stream of commerce and injures someone, the victim may be able to pursue a products liability claim against the party found to be responsible.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
Much has been made over the last few years about net neutrality. Still, most people are confused by what this term refers to and why it matters. This confusion is understandable given the misleading nature of the name, and the way it is often misapplied in the media. But, net neutrality is actually a very important concept to understand and one that could directly impact the way the Internet works and how we all use it.
When bringing a new partner into your group medical practice, first think whether the new partner will fit in with the culture. Culture includes things like required coverage hours, the handling of employees, and the division of money. As always, let’s talk about the money.
Managed care contracts are not take-it-or-leave-it deals. A physician practice can and should negotiate its managed care contracts. Read this article to learn how to do it. I focus on three major topics: compensation, exit, and unilateral actions by the payor.
In this article, I explain the basic negotiation points in an Operating Agreement for a California ambulatory surgery center (ASC). I focus mainly on control and on exit (buy-sell).
Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.
Georgia's Right to Repair Act allocates specifics obligations, duties and rights to homeowners and home builders. And this article helps explain the process in an effort to avoid construction litigation.
Supreme Court of Cyprus Reaffirmed the Principle that Directors do not Owe Fiduciaries Duties to Shareholders
In Wail Abuljebain v. Unetec-United Engineering and Technical Consultants et al, Civil Appeal 182/2009, 05 February 2015, the Supreme Court of Cyprus delivered a salutary reminder that Directors’ fiduciary duties are owed to the Company itself, as a whole, and not to its shareholders, parent or affiliate Company.
There have been detailed knowledge on assignment of registered shares transactions at Article 593 and following articles of Turkish Commercial Code.
The first step a company based outside Italy has to take before starting a business in Italy is chosing the most appropriate form of incorporation. This article is a short introduction to the options available.
Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” was published on The Economist’s on 25 May 2013.
Nowadays many foreigners plan to establish their own business in other country. It can be very profitable because every country has some advantages in comparison with other countries. For example, agro-industrial and agricultural spheres in Ukraine are developed on a very high level and the profit of having business in such spheres in Ukraine can be much higher than in other countries.
Turkey has been becoming a “shopping mall heaven” ever since 1988 which is the time that the first shopping mall was built in Turkey.
Egypt has enormous mineral wealth, but it does not yet exploit it properly. This is because the participation rate of the wealth in the gross national product, according to the Ministry of Planning for the fiscal year 2013/2014 is estimated 4% only. This production percentage is nothing in relation to the wealth that Egypt possesses.
The largest part of all documents confirming one or another status of the foreign person by some country will require a further legalization according to current regulations of any other country, where a foreign national plans to work and/or reside in the future.
It's not a secret that Ukraine is still one of the market dark horses in context of entrepreneurship. Not many of large companies venture to base their businesses here despite of the wide range of potentially profitable areas for investment. The events of winter and spring of 2014 scared even those who worked steadily for our economy for years. However, now due to the current European course, there are good prospects for the climate improvement in this area
On December 4th the Official Gazette published Law 1/2014 amending the Capital Companies Act to implement corporate governance modifications. This reform is based on the Report of the Committee of Experts submitted to the Council of Ministers on the 23rd of May 2014.
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.
In 2014, the share of Cyprus companies exceeded 30% of the total foreign direct investment in Ukraine. Following the recently imposed duty to disclose beneficial owners, the proposed denunciation of double tax treaty with Cyprus initiated by the Ukrainian government, and the improved Ukrainian transfer pricing rules, the question is whether it is still good to do business in Ukraine through Cyprus.
This article intends to highlight and decipher some of the most common clauses that appear in a typical business contract. These basic provisions, called boilerplates, are included in agreements to protect the contracting parties. They typically follow a standard format and they are worded carefully in order to hold up in a court of law. Even though most contracts include these boilerplates, many people do not read nor understand what they are signing.
Don’t say it if you don’t have to, and never in writing.
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.
Business clients dealing with international trade frequently asked us whether an independent bank guarantee issued under the URDG 758 (the ICC Uniform Rules for Demand Guarantees 2010) is valid, binding and enforceable under the Italian law or not and, if not, whether and how it can be amended in order to ensure it is valid, binding and enforceable as an independent bank guarantee under the Italian law.
This reform is of crucial importance since it makes numerous amendments to the listed company’s regime.
Savings of up to €48 million thanks to new rules for cross-border judgments.
Turkey, as an emerging market, has its ups and downs to invest from time to time. These times depend on several different factors, but tracing them has crucial importance for investors. Focusing into Mergers & Acquisitions deals can be inspiring when taking decisions for investments.
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.
Procedures of Land Acquisition in the Framework of Investment – Land Acquisition Deriving in Indonesia
Land Acquisition in the framework of investment is particularly regulated by Decree of State Minister for Agrarian Affairs/ Head of the National Land Agency Number 21 of 1994 on Procedures of Land Acquisition for Company in the Framework of Investment (“Kepmenag No.21/1994”).
Like lawyers, private investigators may charge in a variety of ways. In order to have a clear understanding, ask for a written explanation of fees.
The jurisdiction of courts ends at state borders. This makes it difficult to enforce claims against foreign debtors. Notwithstanding this, creditors can be helped to ensure that justice is done to them.
Despite the fact that the German market is considered to be the third biggest economy in the world, with an annual turnover of (if you mention turnover an exact figure is expected) Billions of Euros, Israeli business presence in Germany is still relatively poor. How should business be done in Germany? Which Israeli businesses succeed in Germany and in interacting with Germans, and how can the Israeli “Chuzpa” be more helpful? These are things one ought to consider.
Legal proceedings are not decided in court; rather, it is comprehensive and detailed preparation that is decisive for the successful conduct of a case.
Your IRA is protected from creditors if you have to file bankruptcy, but what happens to that IRA if you die and leave it to a child? Many assumed that the inherited IRA retained that creditor protection in a child’s bankruptcy. The United States Supreme Court ruled otherwise in Clark v. Rameker, 134 S. Ct. 2242 (2014).
The rules pertaining to voluntary disclosure in the event of tax evasion are set to be tightened from 2015, but even now a voluntary declaration has to be able to satisfy certain conditions for it to be effective.
As part of the implementation of the Competition Ordinance (Cap 619), the Hong Kong Competition Commission (“Commission”) is required to issue guidelines on how it expects to interpret and enforce the Ordinance (Section 35). For that reason, the Commission together with the Communications Authority on 9 October 2014 jointly published 6 draft guidelines (“Guidelines”) for public consultation.
A recent decision by the Supreme Court of Ohio highlights the importance of having clear terms in contracts between general contractors and subcontractors, especially in regard to payment provisions.
Parties to a contract usually feel a sense of security knowing that their agreement is embodied in a written, properly executed document containing all of the agreed upon terms. However, if such an agreement is a “dual source” supply contract executed under Michigan law, the parties may not be as secure as they believe.
Just how limited is your liability if you own a limited liability company?
Voluntary disclosure can spell a return to a state of legal tax affairs for tax evaders. However, despite growing pressure, voluntary declarations should be thoroughly considered and well prepared.
TQM is commonly known for the principles of continuous improvement, awareness of total cost of quality, recognition that everyone holds responsibility for quality, customer orientation/focus, process orientation, commitment of senior management etc. However, quality has been commonly associated with industries where it originated and not with services which are difficult to measure, evaluate and apply a zero-defect concept to.
Legal action can be taken even against the assessment notice of a tax office. Those who get involved in a tax dispute normally require plenty of stamina and competent legal representation.
The finance ministers of the G20 are continuing to expedite the fight against tax evasion. Account data is rapidly set to be automatically exchanged among them.
In order to assert oneself in an increasingly global market, many firms are making growth their priority. Yet there are many legal aspects that need to be observed in cases involving takeovers, acquisitions or mergers.
Thanks to relatively favourable conditions for the financing or use of property, leasing enjoys great popularity. The lease agreement regulates the corresponding rights and obligations.
The receipt and service of papers play a vital role in international procedural law, e.g. they set in motion important time-limits.
The German Federal Court of Justice (Bundesgerichtshof (BGH)) reached a decision on September 18 in a trademark lawsuit and prohibited the defendant from using a registered colour trademark (Az.: I ZR 228/12).
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
By STA Law Firm
Setting up a business in a new jurisdiction often calls for deciding on legal structure of entity to be incorporated. Investors may consider setting up a sole proprietorship, a limited liability partnership, joint-venture from of business or operate as co-operative society. There is no yardstick in choosing the entity type - a lot depends on careful planning, understanding governance norms, exit strategy & more. The best choice isn't always obvious or readily available.