Conflict of law clause is incorporated in an agreement to take care of situations where the Parties to the Contract belong to two different jurisdictions. Applicable laws in different jurisdictions can vary materially and can have profound impact in the case of disputes.
Private trusts are generally used to put aside properties for special purposes and to ring-fence the assets from being frittered away by the vagaries of business and human affairs. Learn how to make sure they serve their purpose well.
When you think about starting a business, you think about the product/service you’d sell, who your customers would be, what you will charge, how you will market your product and many other things. Few people think of the legal structure within which the business will be run.
No serious businessman would risk the disclosure of his business or trade secrets for the sake of a single or insignificant transaction. But a badly drafted NDA can lead to just that.
Do you feel anxious and agitated when you receive a longish agreement to be approved and signed, after you have negotiated and finalised all essential terms of the contract? Do you have your own in-house or dedicated legal team to scrutinise such agreements? Here is an 11 point checklist you can use before you sign an agreement.
A little line at the end of every contract or agreement asks you to sign and put a place and date of signing. Most people rarely pay attention to the location. But it can have far reaching consequences.
With high profile scandals across the world, it is more important than ever to understand how to ensure your organization does everything to make it a safe place for women.
Changing the legal structure of your business can be a daunting task and can have ramifications across a variety of laws. This is a brief guide on how to think about the process.
A force majeure event is an act of God or State that allows a Party to a contract to avoid meeting its obligations. However, if such a force majeure clause is not explicitly present in a contract, this defence cannot be invoked.
Material progress of any civilization is dependent to a large extent on upholding of sanctity of a contract and right to hold property/wealth. In fact, even the social order can continue only until people honour the tacit Social Contract which brought the society and State in existence. It is therefore vital for every person in business to understand the basics of contract law.
Tax administrators world over, as also OECD, have come to realise the inherent limitations of traditional transaction methods and in the process Transactional Profit Methods have gained greater acceptance than before. This is evident from the suggested amendments in ‘Transfer Pricing Guidelines for Multinational Enterprises and tax Administrators’ issued by OECD in 1995. They are no longer transfer pricing methods of last resort.
Dr. C. P. Ramaswami analyses the defects of the proposed Direct Tax Code and argues that if this Bill is introduced in Parliament it will be a calamity, and if passed – a disaster.
The article deals with the problems/limitations of taxing transactions entered into over internet that, specially the ones that cut across national boundaries.
