Business and Industry Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry.
August 1, 2013 By GRP Rainer LLP
The management board of a stock corporation has ample room for manoeuvre with respect to its duty of care. This reduces the liability risk a little.
August 1, 2013 By Angela Wang & Co.
When negotiating a contract in China, one of the major concerns will be the governing law of the contract if a foreign party is involved as rights and obligations under the contract would be interpreted differently by different governing laws.
July 31, 2013 By Abogados Lombardi Aguilar Group
Panamanian corporations may be organized by two or more elderly (who may be Panamanian or foreign) as well as legal entities, for any purpose (lawful) for which the incorporators subscribe at least one share each (they are considered shareholders), the authorized capital stock of the corporation in training
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
The provisions of the Company Law concerning liquidation are to be applied unless the company’s Memorandum or Articles of Association provide a specific procedure for its liquidation, upon resolving the company’s dissolution an agreement is reached between the partners as to its liquidation-n procedure.
July 31, 2013 By Al Rowaad Advocates & Legal Consultancy
Companies incorporated under provisions of Company law in a specific form may be changed to another type, after satisfying the legal requirements under Company Law. (Company Law, Part Nine, Chapters 1 & 2, Arts. 273-280, Part Ten, Chapters 1 & 2, Arts. 281-312)
July 30, 2013 By Abogados Lombardi Aguilar Group
Corporate authority problems may arise occasionally, with Panama legal doctrine providing interesting solutions.
July 29, 2013 By GRP Rainer LLP
Despite the absence of statutory regulations, erroneous resolutions of the supervisory board can be proceeded against and actions lodged.
The decision to amalgamate the companies should be made in accordance with the provisions adopted for the amendment of the Memorandum and Articles of Association of the company, and will only be valid subject to the approval of the Competent Authority specified in the Company Law for that type of company.
The dissolution of a company can result in its termination.
The Commercial Companies Law covers the formation and regulation of Branches and Representative Offices of foreign companies in the UAE, and stipulates that they may be 100% foreign owned provided that a local service agent is appointed.
July 18, 2013 By Legalmax Law firm
Nowadays foreign investors seek to establish their legal presence in Uzbekistan in order to better explore and understand the Uzbekistan market. While considering different options, investors face certain dilemmas, e.g. whether to open a representative or branch office, or a subsidiary; as well as issues regarding economic and other risks, and so on.
The old English proverb says, “There are only two things in life that we can’t avoid, death and taxes,” – and it confirms once again the value and importance of the tax due diligence procedure as one of crucial attributes of most M&A (mergers and acquisitions) transactions.
As you know, most of the national companies in a certain period of their development set themselves the task to bring out their goods, works and services to foreign markets, which may be done, including through the expansion of their actual geographical presence outside the country of incorporation of the company, or the location of the head office.
Today, Kazakhstan, being one of the leading economies of the CIS countries, is "a jurisdiction open to investment activities", which opens great economic opportunities for foreign investors due to the favorable investment climate and a fairly high level of development of legislation and business-oriented tax and customs policies.
July 16, 2013 By ADMD Law Office
The United States Congress enacted ESIGN in 2000 (Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 – 7006, (2012)) and Turkish Parliament enacted the 'Elektronik İmza Kanunu' (Electronic Signatures Law - EIK) in 2004. This article targets to summarize a comparison of approach between these statutes.
July 15, 2013 By Al Rowaad Advocates & Legal Consultancy
Whether there is a need to restructure a business, to protect assets or simply develop an international presence for a business, one of the ways of doing so, is by opening an Offshore company.
July 10, 2013 By Law Firm Iuridica
In Poland can be created following commercial partnerships: a registered partnership, a professional partnership, a limited partnership, a limited joint-stock partnership. Companies in Poland are as following: limited liability company and joint-stock company.
July 10, 2013 By GRP Rainer LLP
In the view of the Federal Court of Justice, the level of knowledge of the board deciding on the dismissal is decisive in determining the reasons for a dismissal of a GmbH director without notice.
July 8, 2013 By Yav & Associates
There are different types of commercial companies that can exist in a member state of OHADA (the organization for the Harmonization of Business in Africa) such as the Democratic Republic of Congo [DRC]. This article discusses the types of companies and their incorporation or establishment in the Democratic Republic of Congo
July 3, 2013 By GRP Rainer LLP
The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.
July 2, 2013 By Angela Wang & Co.
The New Guidance on Direct Marketing issued by the Privacy Commissioner for Personal Data provides practical guidance on data users’ compliance with the new regulatory requirements for direct marketing under the new Part VIA of Hong Kong’s Personal Data (Privacy) Ordinance which came into effect on 1 April 2013.
July 2, 2013 By Al Rowaad Advocates & Legal Consultancy
Futures and Derivatives Trading To perform as a trader (broker) of commodities in the UAE the company (a legal entity incorporated according to the UAE law or foreign company incorporated outside the UAE) needs to carry out the necessary procedures to obtain a membership from DGCX (Dubai Gold and Commodities Exchange).
July 1, 2013 By GRP Rainer LLP
Special duties are assigned to the lessor if the tenancy liability of the lessor is excluded under an assignment of legal warranty claims respective of a sales contract in the lease agreement.
June 30, 2013 By Boling Rice LLC
Starting a new company or planning on becoming a partner in a new company? Your personal assets are not as protect as you may think. Before starting that new company or joining a partnership, read on to learn how to protect yourself from personal asset exposure now and when you exit the company.
June 26, 2013 By GRP Rainer LLP
It has been confirmed again and again in the jurisprudence of the Federal Labour Court (BAG) that the potentially very tight deadlines in labour law must be imperatively adhered to.
June 25, 2013 By GRP Rainer LLP
The intended use of a German limited liability company can be based on commercial, non-commercial or non-material activity.
June 24, 2013 By GRP Rainer LLP
For the classification of leased premises as residential or commercial tenancies, the focus of the tenancy is decisive.
June 17, 2013 By CSB Advocates
By virtue of Act 3 of 2013 Article 211 of the Companies Act was amended such that, the words "is holder of, or has any interest in, any shares or debentures of the company or" in paragraph (b) of sub-article (2) thereof have been deleted.
June 17, 2013 By GRP Rainer LLP
The classification of a rental space as either a residential or commercial tenancy conforms to the emphasis given by the lease tenancy agreement.
June 16, 2013 By Thomas R. Spencer, PA
Under most circumstances, Arbitration is a better dispute settlement process.
In this article I discuss the merger of dental practices, from a legal perspective. Without further adieu:
In this article, I give some thoughts on preparing to sell your solo veterinary practice.
Most veterinary practices want to classify their hired veterinarians as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Tenancy Termination Possible, if Landlord Would Like to Use Property for Commercial Purpose - Germany
June 14, 2013 By GRP Rainer LLP
It is now permissible for a landlord to cancel a lease agreement contract if the landlord wishes to use the leased property for commercial purposes and therefore not for personal use.
June 13, 2013 By GRP Rainer LLP
A company with limited liability (GmbH/Ltd.) can be established with commercial, non-commercial or non-material intended purposes.
Broker-dealers are subject to regulation by the SEC, FINRA, Self Regulatory Organizations (“SROs”) such as stock exchanges, and the states in which they do business.
On March 8, 2013, the Securities and Exchange Commission (the “SEC”) charged Brian Reiss, a California securities lawyer, with churning out baseless legal opinions for penny stocks traded on the OTC Markets platform.
Familiar to everyone in connection with real property, squatting consists of occupying an abandoned or empty property that the squatter does not have lawful permission to use.
June 12, 2013 By Legal Power Law Firm
The Cameroon Government in its effort to protect foreign direct investment has adopted a legal framework made up of on the one hand of national laws and specific contractual agreement signed between Cameroon and a prospective foreign investor and on the other hand , of Inter- Governmental Bilateral Regional and Multilateral Treaties agreed to by the Government.
June 12, 2013 By GRP Rainer LLP
A license agreement usually refers to a contract with pecuniary interest valid indefinitely with provisions on use transfer service made applicable for a certain period of time.
June 11, 2013 By Al Rowaad Advocates & Legal Consultancy
The growth of international businesses in Dubai has made it a major commercial hub for global institutions and companies. The articles below provide an insight into the different types of business organizations in Dubai, and the processes involved in the dissolution, amalgamation, transformation and liquidation of businesses.
It has become routine for public companies and private companies seeking to go public to place restrictive legends (“Restrictive Legends” on the certificates representing their Restricted Securities not covered by a registration statement under the Securities Act of 1933, as amended (the “Securities Act”).
How FINRA Rule 6490 lmpacts Reverse Mergers
Foreign private issuers may raise capital in the U.S. using an offering registered on a registration statement under the Securities Act or by selling securities that are exempt from the SEC’s registration requirements.
Private companies in going public transactions that intend to be quoted on the OTC Markets OTCQB must first become reporting with the Securities and Exchange Commission (the “SEC”). This is typically accomplished by the private company filing a Form S-1 registration statement under the Securities Act of 1933, as amended (the “Securities Act”).
June 7, 2013 By FCB&A
An overview of key developments affecting doing business in Angola and an introduction to its legal system for foreign investment, currency regulations and incentives, business vehicles and relevant restrictions and liabilities. It provides short overviews on the laws regulating employment relationships including redundancies and on competition law, data protection, product liability/safety, taxation/tax residency and IP rights over patents, trade marks, registered and unregistered designs.
June 7, 2013 By GRP Rainer LLP
If a businessman purchases a defective item from another businessman, he can demand the delivery of the defective item within the framework of his claim for supplementary performance, but not the reimbursement of any additional costs.
June 6, 2013 By GRP Rainer LLP
Corporation tax is a particular form of income tax that is paid by corporations, legal persons and estates.
June 5, 2013 By Ortega Business Law Firm, APC
California’s minimum wage was set at $8.00 per hour in 2008 and has since not been changed for the last six years. However, Assembly Bill 10 could change all of that.
Most dental practices want to classify their hired dentists as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
In this article, I explain business joint ventures. A joint venture exists when two or more businesses team up to engage in a limited activity, for example, one business has customer relationships in a particular market while the other has back-end personnel, so they team up to offer a vertically integrated service in that market.
In this article, I outline Professional Service Agreements for hospital-based physicians. I cover the fundamental terms of the contract, namely, (1) defining the medical services to be provided as against the payment of compensation, (2) exclusivity, and (3) term & termination.
June 4, 2013 By GRP Rainer LLP
A developer is someone who himself or through a third party has a building project implemented at their own or someone else’s expense and is legally and commercially responsible for this.
June 3, 2013 By GRP Rainer LLP
Business ideas involving the purchase and sale of gold are booming at the moment, but they are not always without legal objection.
May 29, 2013 By GRP Rainer LLP
The dismissal of an employee on grounds of suspicion had been decided in the judgment dated 25 October 2012 (Ref.: 2 AZR 700/11) by the German Federal Labour Court (BAG).
May 27, 2013 By GRP Rainer LLP
An employer who wishes to terminate an employee on the grounds of suspicion of a crime must pay attention to the argumentation presented in the employment tribunal process.
May 24, 2013 By Pardini & Associates
The industrial property legislation had significant changes, as: any registered trademark must be used within the Panamanian territory, etc.
May 24, 2013 By Pardini & Associates
The Panama-USA free trade agreement has entailed the modification of several legislations.
May 24, 2013 By GRP Rainer LLP
For proof of signature authority of a member of a civil law company (GbR), a company stamp is sufficient.
May 23, 2013 By Sheldon Mak & Anderson PC
A bipartisan group in the U.S. House of Representatives recently introduced legislation intended to combat the illegal distribution of counterfeit goods via rogue websites hosted overseas. The proposed bill greatly expands protections for intellectual property (IP) and, if passed, would bring sweeping changes to copyright law.
May 16, 2013 By GRP Rainer LLP
Under circumstances an overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of partnership of the GbR, can be inappropriate.
Legal Advice on the Arbitration Clause After Separation of CIETAC Shanghai and South China from CIETAC Beijing
May 15, 2013 By WiseLink Law Firm Shanghai
The separation of CIETAC Shanghai and CIETAC South China from CIETAC Beijing has made a great noise, causing some confusion and legal issues about the arbitration clause. The author intents to briefly clarify it in this article.
May 15, 2013 By GRP Rainer LLP
The seller of a house who fraudulently conceals an existing defect is potentially unable to plead an article of agreement excluding all warranties for defects.
May 14, 2013 By Angela Wang & Co.
It has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to principles such as agency and trust to circumvent the doctrine of privity of contract.
May 14, 2013 By GRP Rainer LLP
There are many different duties to accomplish pursuant to the provisions of the Commercial Code (HGB) by a commercial agent.
May 12, 2013 By Beitia-Carrillo Consultores & Asociados
In few months the Rules of the game for Panamanian Corporations could be changed.
May 7, 2013 By GRP Rainer LLP
The German Commercial Code (HGB) contains many duties for a commercial agent. In the case of non-fulfilment of these duties the commercial agent can be exposed to claims for damages.
May 6, 2013 By GRP Rainer LLP
In some circumstances a commitment of partners in a partnership organised under the German Civil Law (GbR) binding the partners to the partnership for an overly long period may be inappropriate.
May 3, 2013 By GRP Rainer LLP
The planning process would potentially be useless and a claim laid by the architect for remuneration could not be successful, if the specified budget framework is exceeded by the architect at a later date.
April 29, 2013 By GRP Rainer LLP
Minor breaches of a restraint on competition on the part of the commercial agent do not present the businessman with a good cause for dismissal without notice.
April 25, 2013 By GRP Rainer LLP
The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.
April 22, 2013 By GRP Rainer LLP
A commercial agent has various duties to fulfill pursuant to the provisions of the Commercial Code (HGB).
April 17, 2013 By GRP Rainer LLP
Architect’s liabilities arising from non-disclosure. If an architect knows that a contractual penalty was agreed in the building contract, he has to instruct his client about its retention at the time of acceptance.
Most medical practices want to classify their hired physicians as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Most businesses want to classify their workers as contractors not employees. Contractors are cheaper and easier than employees. You don’t withhold taxes for contractors, nor do you pay benefits, workers compensation or unemployment insurance, nor must you comply with the wage & hour laws (including overtime) for contractors.
Here is a quick outline to help you avoid personal liability from your business. You’ll see that most of the authors advice derives from an informed use of corporations and corporate law, which is why…
April 15, 2013 By GRP Rainer LLP
An overly long commitment of partners in a partnership organised under the German Civil Law (GbR) that arises out of the memorandum of partnership of the GbR, can be inappropriate in some circumstances.
April 12, 2013 By GRP Rainer LLP
A business can potentially be acting anti-competitively if the notice of included sales tax only becomes visible after clicking on the button “shipping and payment options”.
April 10, 2013 By Ellyn Law LLP
This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.
Business Succession: Examination of Any Claims to Supplement Compulsory Portions is Advisable - Germany
April 5, 2013 By GRP Rainer LLP
Some problems can stand in the way of succession planning of a business, all the more if persons entitled to a compulsory portion are disadvantaged in the process of succession.
April 3, 2013 By GRP Rainer LLP
If the shareholder has shares that are, pursuant to the memorandum of association, to be gratuitously assigned back after the expiration of the agreement, which he previously acquired in return for consideration, this clause is potentially void.
March 29, 2013 By Bangkok Base - Antares Consulting Limited
Thailand is recovering from historic floods that inundated the country on a scale never seen before. Drastic taxation measures helped to boost the economy in 2012. Despite uncertainty about the evolution of the global economy, the Thai economy is expected to rebound sharply with GDP growing by 5.5% in 2012 and 5% in 2013 (according to The World Bank).
March 28, 2013 By CSB Advocates
The internationally recognised regulator of web addresses Icann (Internet Corporation for Assigned Names and Numbers) is constantly seeking new ways to avoid abusive use of domain names. One of the more common abuses is that of cybersquatting, the act of registering domain names consisting in somebody else’s trademark in order to make gains of that trademark’s reputation. There are several types of cybersquatting, however this is the most common.
March 26, 2013 By CSB Advocates
When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for technology and the digital agenda Neelie Kroes is now actively trying to challenge this notion. Few people realize, for example, that Angry Birds and Skype were actually created in Europe. These may not trump the prolific success of Silicon Valley, but they are certainly a start.
March 25, 2013 By Wagner Sidlofsky LLP
Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the problem the Rabbis created a legal document recharacterizing the "loan" as a commercial agreement & lender as an investor and the interest as shared profit. This agreement is called the Heter Iska. Given the different rights that flow from a loan the author poses the question -is there a litigation risk to a lender who signs a Heter Iska?
March 25, 2013 By Jayadeep Hari & Jamil
"With great power comes great responsibility." Glamorous as it may be, the post of a company director entails the accountability and undertaking at the company's behest. The article is a brief on who a "Director" is and the duties that comes with the name.
March 25, 2013 By Shanghai Promise Law Firm
Yiwu, 300 kilometers away from Shanghai, is the largest market of petty commodity wholesales in the world and sees a non-stop stream of foreign buyers looking to place their orders. Along with almost unlimited selection, though, comes a good deal of risk which all Yiwu traders should prepare for. This Survival Guide is meant to help traders reduce their risk and enhance their profit potential.
Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.
In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.
Delay in Application of Uniform Act Organizing and Harmonizing Company Accounting Systems - Democratic Republic of the Congo (DRC)
The entry into force of the OHADA Treaty in the Democratic Republic of the Congo (DRC) resulted in the immediate application of the Treaty, its Regulations and Uniform Acts. It also led to the repeal of any DRC anterior legal instruments contrary to the Treaty and its Uniform Acts.
This article gives a very brief overview of how an accountant leaves or closes an accounting practice. The accountant can’t just walk away – leaving or closing an accounting practice is more complex than you think.
This article gives a quick overview of buying and selling an accounting practice. The author discusses the deal from due diligence, through deal terms, to the definitive deal documents.
In this article, the author gives some thoughts on preparing to sell your solo medical practice.
March 18, 2013 By GRP Rainer LLP
In its judgment of 19 February 2013 (Az.: II ZR 56/12), the Federal Court of Justice (BGH) commented on the interest in bringing proceedings to challenge the election of a supervisory board.
March 11, 2013 By Fisher & Talwar
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.
March 11, 2013 By Ortega Business Law Firm, APC
On September 21, 2012, Governor Jerry Brown signed into law Senate Bill 323. Specifically, section 20 of the Bill replaced the Beverly-Killea Limited Liability Company Act (Beverly-Killea) with the California Revised Uniform Limited Liability Company Act (RULLCA) to govern the formation and operation of limited liability companies (LLCs).
March 11, 2013 By GRP Rainer LLP
Should an employee be posted to a subsidiary company abroad over a long period of time, this can potentially have an impact on the arrangement of his professional expenses.
March 7, 2013 By GRP Rainer LLP
If succession planning for a business is pending then a few problems could be in store, specifically if the beneficiaries of a compulsory portion are disadvantaged in business succession.
Potential Hidden Profit Distributions in the Form of Inflated Salaries for Managing Directors - Germany
March 6, 2013 By GRP Rainer LLP
Benefits within a company arising exclusively form the corporate relationship are often paid out under the guise of inflated salaries.
March 5, 2013 By Abdullah A. Al Fallaj Law Firm
Franchise: always been described and known concession system.