banks and financial organizations
Sooner or later, any business is faced with the need to change its operational manager. The founding owners eventually move away from solving current issues, giving way to hired, young and daring managers. Often, to create additional motivation, this process is accompanied by the allocation of managers stakes in the company.
From the point of view of increasing the involvement and interest of a manager in a business, this is certainly the right step. However, trusting hired directors to resolve operational issues, it is necessary to retain the ability at any time to reverse the transfer of authority and ownership. After all, no one guarantees that having received a share in the business, the new co-owner will not decide to go to work somewhere else.
We show by a real example how the dependence of ownership of shares on the fulfillment of an employee’s labor function in one of our projects was ensured. Important: inclusion in co-owners was due to participation in management. Accordingly, when an employee is dismissed from the company, there must be grounds for depriving him of his share. 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