Any questions regarding the conditions for participating in the business, including the possibility of leaving the business, selling a share or a business as a whole, should be discussed at the stage of creation and active development of the business, until everyone is inspired and does not think about possible difficulties.
At the same time, it is important that all, even the most non-standard arrangements of partners, be settled as much as possible, taking into account the real tools and capabilities of the current legislation. This will help to avoid future unexpected scenarios of relations.
Today is another case from our practice to illustrate how you can formalize the fantasy vision of business owners regarding a possible way out of it. Continue reading
The risks posed by the lack of proper regulation of relations between business owners have been devoted to more than one issue of our newsletter. As well as the methods of legal consolidation of partners ’agreements, ranging from“ direct appointment ”instruments – shareholder agreements and agreements on the exercise of participants’ rights, to the features of certain legal forms (for example, business partnerships) and intricacies in relations between the parent and subsidiary companies. But the further the development of Russian medium-sized business and the legal literacy of its owners goes, the more questions there are.
At the same time, more and more tasks from the category of “how to regulate relations between partners at the start.” As we decided one of them – we show on an example from practice. Continue reading
Imagine a common situation: a trademark is registered in the ownership of one company or individual entrepreneur, and another uses it. In other words, it is necessary to formalize the use of a trademark in operating activities. The question arises – how to do this and what risks there are in solving this problem.
Who can pay for what, so that royalties are rightfully taken into account in expenses
Payment for the use of intellectual property (royalties) is a common phenomenon. Continue reading
Simplification of the business structure: 5 reasons for enlarging a group of companies and 6 reasons not to do this
Structuring a business is usually associated with an increase in the number of companies in a group. There are many reasons for this. There are even more solutions to isolate certain functions into separate entities. But today we will not split up, but enlarge the business. Simplify the structure of the company.
As practice has shown, there is no less motive to reduce the number of companies in a group than to multiply it. Especially against the background of tax control, which is actively opposing the artificial fragmentation of the business. We will begin with tax incentives to simplify the legal structure of companies. Continue reading
Entrepreneurs are not former – there are only not identified
“On the direction of the review of judicial practice in disputes related to the qualification of the activities of individuals as entrepreneurial for tax purposes”, there were more frequent cases when ordinary citizens received requests in which they are invited to provide explanations on the use of property or the grounds for generating income to non-cash accounts with a proposal to pay taxes. Continue reading