This brief resource (Quick Counsel) reviews the regime of compensation of post contractual non-compete clauses in employment contracts, as well as in a number of commercial contracts. It focuses on the rules applicable in France, while highlighting some particularities in other European countries.
This Top Ten provides a brief overview of some of the most attractive reasons a foreign investor should take into consideration when deciding to invest in Romania. From a business standpoint, information on the following areas could raise the interest of a potential investor in Romania.
Preemptive clauses allow a person or entity to acquire priority shares of a company before they are transferred. Although preemptive clauses can be embedded directly into the bylaws, drafters may also insert them into shareholders' agreements. This QuickCounsel will review the pertinence, validity, and effectiveness of such preemptive clauses under French law.
Learn about practical solutions that can help your organization foster responsible content sharing among employees and limit risks of copyright violations by the organization's employees.
The Shanghai Free Trade Zone ("FTZ") was launched on September 29, 2013, which is considered China's most significant attempt at financial reform since establishing the Shenzhen Economic Special Zone on the border with Hong Kong in 1980. Based on the current rules and regulations issued by the State Council and the Shanghai Municipal People's Government, the following brief article explains key issues and new changes applicable to the FTZ.
After more than fifty years, Civil Law in Hungary will be completely rewritten by the New Civil Code that will come into effect this year on the 15th of March. Several areas of law that have formerly been regulated in separate acts will now be incorporated into the new Code. These areas of law include family law, company law, as well as the law regarding civic organizations. Critics say that the new law sacrifices too much for dogmatic integrity and disassembles the unity of corporate law by extending current provisions for companies to all legal entities which will result, in many cases, in incomplete, inconsequent or redundant regulation. On the other hand, the concept of the new law is to provide more freedom to contracting parties. The present article seeks to summarize the ten most important matters that will have the largest influence on businesses.
Although it might not be the document most commonly on the minds of nonprofit directors, officers or staff, bylaws form the backbone of governance for nonprofit organizations; they are a very important document. This article covers some of the most important things to remember when drafting bylaws.
The aim of a liquidated damages clause is to specify in advance the indemnification for a party that suffers from a breach of contractual obligations. Non-performance of a contract, without any evidence of actual damage, is grounds for pre-estimated compensation. This clause obviously limits the necessity to seek indemnification in court and is in demand in business contracts. However, if challenged, its efficiency may be greatly reduced by the intervention of a judge who has the power to modify the amount of the compensation determined in the contract. The distinction between liquidated damages and penalty clauses has a greater impact in common law countries than in those influenced by Civil Code tradition. This QuickCounsel assesses several court decisions in various European countries that bring to light these differences.
This Top Ten examines ten key issues that should be at the top of directors' minds as we enter 2014 and the upcoming proxy season.
This brief article reviews regulations applicable to crowd-funding in France, the United Kingdom, and Italy, with some discussion of the practical application of the rules.