By Bryce Town, Morrison Kent
The sale or purchase of all land in New Zealand is now caught by new legislation as of 1 October, 2015. All sellers and buyers must provide their lawyer with a completed and signed tax statement before possession of the land can be legally transferred.
By Bryce Town, Morrison Kent
By Sonal Shah, Lawrence Grant
The need to consider effective structures to meet business requirements in an ever changing economic environment means we are constantly faced with creating opportunities for international traders wishing to use a UK entity in a potentially UK tax free environment. As such, we note an ever increasing use of a UK Limited Liability Partnership, or LLP.
By Merrill April, Sarah Martin & Lara Shillito; Memery Crystal LLP
The European Court of Justice (ECJ) has ruled in favour of the UK Government in the landmark USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (C-80/14) (the Woolworths case), ruling that the obligation to collectively consult is triggered where an employer proposes 20 or more redundancy dismissals within 90 days ‘at one establishment’, not across the entire business. It further held that an ‘establishment’ is the entity to which the workers made redundant are assigned to carry out their duties (for example, an office, construction site, shop). On 13 May the ECJ reaffirmed this decision in Lyttle and others v Bluebird UK Bidco 2 Limited (the Bluebird case) and held that a single retail store is capable of being an ‘establishment’.
By Stephen R. Larson, Christian & Barton, L.L.P.
The United States relies on its economic sanctions programs to achieve its diplomatic and political goals around the world. This reliance matters to non-U.S. banks because the sanctions are typically designed to be far-reaching, may be aggressively enforced, and increasingly look to the financial sector as a highly-effective and efficient way to exert economic pressure.
By Maurício Pepe De Lion and Amanda Cretella dos Santos, Santos Neto Advogados
Commissions are legal in Brazil as an exclusive or nonexclusive form of financial retribution (compensation) to certain kinds of professionals, such as salespeople covering a specific territory, in the context of an employment agreement entered into between the parties. According to current labor legislation, such employees might be hired as: (i) pure commission agents, category in which a fixed monthly fee will not be due, but only commission over sales performed by them1; or (ii) mixed commission agents, category in which workers will be entitled to receive a fixed monthly fee plus commission over sales.
By Merrill April, Sarah Martin and Lara Shillito, Memery Crystal
“As I often say, we have come a long way from the days of slavery, but in 2014, discrimination and inequality still saturate our society in modern ways.”
Reverend Al Sharpton.
Modern slavery encompasses slavery, forced and compulsory labour and human trafficking. The Modern Slavery Act 2015 was passed in March 2015 (the “Act”) with the aim of providing law enforcement agencies with further means to tackle modern slavery.
By Robert Bleicher, Carr McClellan PC
Trade secrets, as businesses and their advisors know, are often a company’s most valuable intellectual property assets. Protecting those assets, and avoiding claims that a company improperly used a competitor’s trade secrets when hiring a new employee or participating in a collaborative business venture, should be very high on the checklist of best management practices.
By Dr. Jorge Marcos García Landa, Corporativo García Landa SC
What constitutes the offence of transactions using funds from illicit sources (known as money laundering)? The most accepted definition is the one approved by the 1988 United Nations Convention Against Illicit Worldwide Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention):
By Tracie L. Clabaugh, Offit Kurman
In this ever-changing economy, many companies try to cut costs by: (i) using verbal agreements, (ii) reusing contracts, or (iii) using "form" contracts found on the internet. Entering into a contract is a significant commitment and investment for all parties involved and you and your company need to be adequately protected. Individuals and companies should make it a point to carefully consider all of the issues involved in a transaction prior to entering into a contract.
By Meryl Duval, Associate, Morrison Kent Lawyers, NZ
Should you register subordination agreements on the New Zealand Personal Property Securities Register (PPSR)? A subordination agreement is an arrangement between secured creditors where a creditor having higher priority enters into an arrangement (subordination agreement) which allows a lower priority creditor to leapfrog the higher priority creditor.
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