събота, 18 август 2012 г.

Free Legal Documents


There is a variety of free legal documents available on the web nowadays. There are many websites that offer document templates and these websites can vary from law firm websites to private business websites, which main goal is to sell legal templates. However, in order to attract customers to buy those templates, firms usually offer such legal document templates for free.  Additionally, free legal documents can also be found on private websites where the owner of the website offers legal templates due to different reasons.  With the variety of free legal document templates on the internet, the quality of each of those may differ significantly. The free legal document templates may vary from a basic/simple to one that also consists of instruction and advice on when you can use this document and how to fill it out.

It is a personal choice whether or not to download and use free legal document templates. A free legal document template can be useful, but it heavily depends on the quality and on the person that is going to review the document. Lawyers are well aware of what constitutes a good quality legal document template such as a contract template for the sale of goods, for example. Most importantly, it is the lawyer who can help and adjust the template to fit with the circumstances of the situation. 

сряда, 11 юли 2012 г.

Create a Partnership Agreement


  Take the time to create a good partnership agreement

It is not a big surprise that everyone who considers entering a partnership should also think of a suitable partnership agreement. It is surprising how many people still neglect its importance or totally forget about it till the very last moment.  The consequences are normally not great for the businesses (like most things which are not well planned). Do not rush to be one of these people, take the time to create a good partnership agreement.

Before even thinking of the partnership agreement, it is essential that you know why you enter the partnership. A common answer by many people why they have had a partnership agreement is that it seemed like a good idea. However, many of them have problems to elaborate in what way it was good for the business. Do not get carried away, think how the agreement can be useful for your business. Think how it cannot be useful for your business, either. In other words, you need to know what you expect to come out of the whole thing. If you do not, maybe the better idea here is to reconsider your decision to have that partnership. 

After you have clarified your expectations, you need to think how to create the partnership agreement conditions so that they have a good chance to happen. You need to include the clauses of the partnership agreement to justify its existence. The first and most important thing is who the partners are. Here should stay not only their names but also address, tax numbers, etc. The next thing to include is the object(s) of the agreement. If you have more than one object, do not hesitate to include them in different points. Be sure to cover everything that you think might cause a problem. Better include something unclear than not. If you have several different issues, it is not a problem to create more than one partnership with the very same partner. It is not illegal and if it is justifiable, you can do that, as well. Be aware that the administrative costs and the time involved in the process will be undoubtedly more than a single agreement. However, everything depends on the case – so be as flexible as you can. 

It is highly recommended that the partnership agreement be concise, clear and relevant for the particular case. But most of all, it needs to be effective and serve its purpose. Do not include clauses that have no reference to the agreement like hobbies, fiction, etc. Stick to the point! If you have an agreement for apple delivery, discuss the prices, delivery dates, quality, etc. Do not write what would happen if you get delivered tomatoes. One hint – if you want tomatoes so much, include them in another point. Be very clear – include quantitative measures wherever it is possible. “Hundred kilograms” has much more meaning than “some amount, the same is with “between 6th and 8th July” than “sometime in July”.

събота, 19 май 2012 г.

Components of a Shareholders Agreement


What makes a shareholders agreement complete?


As the name suggests, the shareholders agreement is an agreement that deals with the rights and obligations of the shareholders in a particular company. There are some obvious advantages of the shareholders agreement (flexibility, low administer costs, confidentiality, increased protection of the shareholders) and unfortunately, some disadvantages (problems with bankruptcy, monopolistic practices).

However, all shareholders agreements would normally contain the following things: ownership and voting rights section, control and management section, dispute resolution and other features. The ownership section states how shareholders can trade the shares and outlines any restrictions that they might have. For example, some shares are not allowed to sell for some period – that can be a week but it can be a year as well. Or you can sell them, but you pay a fine for that. Other shares explicitly require approval by the Board and just then can be sold. Remember that before going for a shareholders agreement it is essential to know how to establish successful business relationships. 

There are shares that can substitute for obligations or even for real estate assets. In general, most shares can be sold freely but companies design different kinds of shares to meet their needs. There are more than 500 different types of shares according to many sources and it will take a while to describe all of them. It is also mentioned in this chapter, how interest on shares is formed. Some shares also give the right to vote while others do not. Many people are also given the opportunity to change the type of their shares. It is also very important to describe the per-emption rights here. This is the exclusive right to buy newly issued shares before anyone else. It is normally granted to current shareholders and it is meant to keep the control of the company. Minority shareholders also get protection in this section.