When does it consider the existence worker’s illeg […] When does it consider the existence worker’s illegal transfer?
Category: company
It is increasingly common for companies to organize the development of their business activity, through figures known as outsourcing. This term implies a cost reduction and limitation of liability of the “client company”, to which such services are provided, derived from the labour relations with the persons providing those external services from which they benefit, […]
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Tax liability for business succession: a real risk […] Tax liability for business succession: a real risk.
Within the economic circulation, on many occasions investment opportunities come up and offer us either the possibility of acquiring other businesses, or either to acquire functioning businesses or others that have ended their activity, but we think that we can relaunch with another type of management. Usually, the acquiring party prefers to buy the business […]
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The Register Book of Partnership or Register Book […] The Register Book of Partnership or Register Book of Contracts between the Single-Member Company and Sole Shareholder.
Should a Single-Member Company present a Register Book of Partners or Register Book of Nominative Shares? It is known, that the administrative body of limited liability companies is obligated to maintain and present a Registration book of Partners, which should contain as follows: (i) the statement of the shares (complete identification, nationality, and address) and […]
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Corporate and negotiation conflicts. Three keys fo […] Corporate and negotiation conflicts. Three keys for success.
In over my 15 years of professional practice I have participated as legal advisor in many corporate conflicts. In some cases, as a lawyer of organizations´ administrators and main shareholders and, in other cases, as a legal representative of minority partners, “rebels” with or without cause that try to enforce their rights with different objectives. […]
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When a group of businesses is considered to be at […] When a group of businesses is considered to be at labour level?
Many of our clients maintain a structure with various interrelated corporate organizations, but ignore exactly which are the consequences that this act can lead to. This is why we should differentiate between “a group of businesses” and “business group”. The first concept is safer in terms of the possible consequences in a labour level, while […]
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Compensation for clients in the agency contract. Compensation for clients in the agency contract.
The article 28 of the agency contract’s Law (Ley de Contrato de Agencia, “LCA”) establishes that “… when the agency contract extinguishes for either a fixed or indeterminate period of time, the agent which has provided new clients to the entrepreneur or that has increased noticeably the operations with the pre-existing clients, will have the […]
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Submission to arbitration in commercial contracts. […] Submission to arbitration in commercial contracts.
It is common in the commercial contracts, collaboration agreements between companies, and agreements of intention, that contractual parties in addition to regulating the main business purpose, individual obligations, contractual terms, resolution causes, or confidentiality duties, they also have to agree before which jurisdiction they will submit to settle the controversies that may arise in the […]
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The statutory stipulations of the remuneration to […] The statutory stipulations of the remuneration to the Administrators and their effects on the deductibility of the corpo […]
In this blog post, we are going to deal with content that often is unnoticed by the small and medium-sized companies, being able to be a main contingency focus with the tax authorities if the proper compliance of the commercial regulations is not adequately revised. In the first place, we must attend to the corporate […]
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The promissory note in asset acquisition operation […] The promissory note in asset acquisition operations.
The promissory note is an instrument used oftentimes in international operations for asset acquisitions, by virtue of which one part (issuer) undertakes to finance the other (beneficiary) a certain amount of money. Although the common thing is that the promissory note makes the funds available in favour of the beneficiary upon prior fulfilment of certain […]
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When the insolvency proceeding is considered guilt […] When the insolvency proceeding is considered guilty.
Article 163 of the Bankruptcy Law states that the bankruptcy must be declared either fortuitous or guilty. Although the Law does not define fortuitous bankruptcy, Article 164 exhaustively regulates the so-called guilty bankruptcy, considering that its declaration applies if, within the two years prior to the date of declaration of the bankruptcy, there was fraud […]
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