A credit application with a personal guaranty clause included. Permits #1 company to sell merchandise to #2 company on credit or other
terms, without binding #1 company.
In this issue: Implications of the Impending Elimination of Canadian Withholding Tax on Interest Payments by Brian E. Bomstein and Martin Fingerhut; The Socioeconomic and Safety Impact of Counterfeits in Canada by Robert J. ("RJ") Falconi; Cartels in Canada: Practical Approaches to Manage Risk by Patti Phelan and James Musgrove
In order for in-house counsel not to find themselves the subject of the next audit committee inquiry at their company, it is vital that they know how to properly investigate and pursue internal allegations of such "white collar" crimes as fraud, theft, and corporate malfeasance. The fact that the allegation is never the only focus of a possible audit means how your legal department responded to the claim should be enough to get you to read the steps in handling such cases outlined here.
This article explains why it is a challenging, but critical, exercise for companies that operate globally to establish clear and consistent guidelines for the assessment of litigation risk.
Read Sean Venden's reasons explaining why in-house counsel should have a basic knowledge of accounting and where they can gain that knowledge.
Strong internal controls are vital. For closely held companies, which are not mandated to comply with section 404 of Sarbanes-Oxley and its related financial controls, a lack of internal controls can create an atmosphere for improper financial oversight. It is the job of the head of the finance department and the corporate counsel to make sure that financial controls are in place that will adequately protect the company.
Lists warning signs of financial mismanagement and/or fraud. These attributes were found in companies' operations and activities who are alleged to have engaged in financial mismanagement and/or fraud. Also, lists ways in-house counsel are well situated to address important aspects of many accounting matters and what they can do.
This issue provides what you need to know about European Insolvency Regulation 1346/2000, Italian insolvency laws, U.K. corporate insolvency law, new insolvency and bankruptcy legislation in Italy, and courting justice.
Every CLO needs to be on the lookout for financial mismanagement and corporate fraud. While you don't have to go back to school for an MBA, you do need to learn lessons from your peers' mistakes. Here, the author examines 10 red flags you need to be aware of.
This issue includes articles on class actions, employment, and tax issues in Canada.