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Legal regulation of representation of foreign business entities

Legal regulation of representation of foreign business entities

Rossylna O. V. Legal regulation of representation of foreign business entities. This article is devoted to the legal regulation of foreign business entities. The aim of the research is to analyze the legal status of persons, who can represent interests of foreign business entities` in business procedure. Conditions of consul`s proce- dural representation are determined. If business entity is unable to protect its rights and interests, consul represents its interests at court for as long as it could appoint a representative or it will be able to defend their rights and interests personally. Consul performs its functions personally or authorizes their execution to another consular official. Consul performs their duties without warrant of authority. The legal status of foreign attorney, that he has in Ukraine, and foreign experience in this issue are analyzed in details. The Parliament enshrined the model of «open doors», i.e. a model of almost unlimited access to the market of paid legal services for foreign attorneys. The author noticed that such simplified procedure for the ad- mission of foreign lawyers to practice of advocacy does not always promote the high standards of legal aid. Legal status of Ukraine`s attorney depends on the pol- icy of a particular State to the model of foreign attorney`s admission to the mar- ket of legal services.
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LEGAL  ASPECT OF FOREIGN FRANCHISE AGREEMENT PROTECTION IN BUSINESS DEVELOPMENT IN  INDONESIA

LEGAL ASPECT OF FOREIGN FRANCHISE AGREEMENT PROTECTION IN BUSINESS DEVELOPMENT IN INDONESIA

Gurnick states in Margono and Angkasa (Margono. Suyud and, Amir Angkasa, 2003), franchising is a model that is the most popular business for entrepreneurs because it has an effective method of supplying certain models to the market by buying the right to copy intellectual property. Owned by franchise owners. This can be in the form of brand names, products, and confidential information by providing support to franchisees such as providing training support, marketing strategies, ad groups, and purchasing regulations. Therefore, the existence of a franchise business has grown significantly. It has also received recognition from senior businessmen and business law experts, even though the law does not yet exist. However, since 1983, through the Supreme Court Jurisprudence Number 3051 / K / Sip / 1981 dated December 26, 1983 in the case of the initiates of the Gold Bond brand in providing brand licenses in Indonesia. Because one of the legal aspects of a franchise is the use of a license brand by the licensor to the license holder. Therefore, prior to the enactment of Supreme Court Jurisprudence, legal protection for franchising was carried out through franchise contracts made by other parties using the Third Book on Engagement and Articles listed in the KUH Perdata or Burgelijke wet Boek (BW). This regulates the agreement, as in Article 1320, Article 1338, and Article 1365 of the Civil Code.
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CONTROLLED FOREIGN COMPANIES (CFC) RULES IN INDONESIA : TO ANALYZE THE LAW HARMONY AND AN IMPACT FOR START UP COMPANIES OR FOREIGN NON EXCHANGE BUSINESS ENTITIES

CONTROLLED FOREIGN COMPANIES (CFC) RULES IN INDONESIA : TO ANALYZE THE LAW HARMONY AND AN IMPACT FOR START UP COMPANIES OR FOREIGN NON EXCHANGE BUSINESS ENTITIES

The researcher chose both urgency because CFC regulations in Indonesia will adapting tax policy in facing international taxation regime which is the context of assets participation. We saw that Regulation of the Minister of Finance number 107 / PMK.03 / 2017 strongly made on the direct recommendation of BEPS Action Plan (Danang,2018) hence researcher will study whether this regulation has been able to accommodate and be consistent in its application. Then the second urgency arose because the researcher saw that the latest CFC regulations impose a deemed dividend system which in its application is currently unfair for the Indonesia Taxpayer. This problem can triggers domestic taxpayers to ultimately not invest their money into non-exchange business entities (which can inflict a financial loss of their companies) or more extreme action is to move their holding company outside Indonesia (Permana, 2018).
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Global business, local law: the Indian legal system as a communal resource in foreign investment relations

Global business, local law: the Indian legal system as a communal resource in foreign investment relations

Such an appreciation of difference – in interests and values and, therefore, in legal needs – is ‘particularly necessary today when the importance of instrumental economic relations is so strongly emphasised politically, and legal analysis seems impelled towards a similar emphasis’ (Cotterrell, 2002b, p. 78). Economic values, such as efficiency and competition, are used to evaluate an ever-wider range of social relations, including those which take place through legal systems. Furthermore, it is increasingly accepted that the interests of those engaged in instrumental economic relations ought to be promoted ahead of those engaged in other forms of social relations. This preoccupation with liberal economic values and interests is narrowing socio-legal landscapes across the globe through processes which Bronwen morgan (2003) has termed ‘thick meta-regulation’. The possibility of particular concern to the present study is that liberal economic values and interests may be challenging the present and future capacity of national legal systems to act as communal resource in investor-government-civil society relations.
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Land market in Hungary

Land market in Hungary

Land lease: The regulations on leasing of Civil Code apply to land lease. The duration of the land lease is reg- ulated by the Act on Agricultural Land. Based on it Hun- garian private persons and legal entities or organisations without legal entities – with the exception of the Hungar- ian State and local governments – the duration of the land lease cannot exceed 10 years. Only one branch of cultivation is excluded, that is forest and land leasing for afforestation; this can only be contracted until the end of the fifth year following the termination of the produc- tion period (fellable age). In the cases of vineyards, or- chards or of other plantations – or if vineyards or orchards are to be planted – the land lease can only be contracted until the end of that year when the plantation is still of value (period of depreciation). The duration of the contract of lease with the Hungarian National Land Fund – a com- pany in public interest – as lessor, cannot exceed 50 years. A foreign private person and legal entity can only sign a contract of lease for the same duration as a Hungarian private person.
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Banks: Old Actors of the New Economy

Banks: Old Actors of the New Economy

At the same time, there is a question of the subject structure of the bank legal relationship. The Federal Law No. 29-FL dated March 14, 2013 “About the modification of the separate acts of the Russian Federation” from among subjects of the banking system excluded the foreign banks branches. Concerning the remaining in the list the foreign banks representations (the separate divisions located out of the credit organization position, which are representing its interests and carrying out their protection), clearly keep the ban on the bank operations implementation owing to the direct instruction contained in article 22 of the law about the banks and the bank activity. Moreover, the banking operations in the territory of our country require special permission (license) issued by the Bank of Russia. In this regard, the allocation in the law of the foreign banks representations as the independent participants of the Russian banking system seems hardly appropriate. It is also necessary to note that, fixed in the Art. 1 of the Law “About the Banks and the Bank Activity” the bank concept as the credit organization, which has an exclusive right to carry out the bank operations in total concerning attraction in deposits of the individuals and entities funds, placement of the specified means on its own behalf and at own expense on the terms of a repayable, payment, maturity, opening and maintaining bank accounts of individuals and legal entities, the legislator does not provide the definition of the “banking” concept that creates a certain problems of its right application (Pashkov and Yudenkov, 2016). Along with it, the legislator operates with the terms “bank operations,” “bank transactions,” “activity of the credit organization” that complicates law-enforcement process.
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Flourishing Sector Wise Entry Mode Strategies Of Chinese FDI In Bangladesh

Flourishing Sector Wise Entry Mode Strategies Of Chinese FDI In Bangladesh

While U.S.-based General Electric and French company Snecma formed a joint venture to produce civilian jet engines, German-based DaimlerChrysler chose to establish a wholly owned subsidiary in Alabama to manufacture sport-utility vehicles. Once the entry mode is selected, firms determine the specific approach they will use to establish or realize the chosen entry mode. Specific investment approaches include (a) greenfield investment or wholly-own subsidiary (i.e., building a brand-new facility), (b) cross- border mergers, (c) cross-border acquisitions, and (d) sharing or utilizing existing facilities or joint venture. China’s Legal Entities for Foreign Investment There are two types of joint-ventures which have varying capital requirements, structure, and tax implications: equity joint-ventures (EJV ) and cooperative/contractual joint-ventures (CJV). Both EJVs and CJVs are registered as limited liability companies (LLCs), where equity interests are made through the contribution of registered capital. EJVs are historically the most common joint-venture vehicle. 'Outward Direct Investment – ODI A business strategy where a domestic firm expands its operations to a foreign country either via a Green field investment, merger/acquisition and/or expansion of an existing foreign facility. Employing outward direct investment is a natural progression for firms as better business opportunities will be available in foreign countries when domestic markets become too saturated. China’s outward foreign direct investment (OFDI) is still small relative to its massive inward FDI, China’s overseas companies have been gaining momentum in moving international capital, investing across a broad spectrum of sectors ranging from natural resources to manufacturing to telecommunications and many others. Since China was a developing
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Elective Tax Classification for Qualifying Foreign and Domestic Business Entities under the Final Check the Box Regulations

Elective Tax Classification for Qualifying Foreign and Domestic Business Entities under the Final Check the Box Regulations

Elective Tax Classification for Qualifying Foreign and Domestic Business Entities under the Final Check the Box Regulations SMU Law Review Volume 51 | Issue 1 Article 5 1998 Elective Tax Classificatio[.]

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Legal or business personality of the commercial companies according to business law in Kosovo

Legal or business personality of the commercial companies according to business law in Kosovo

Companies are founded by two or more physic persons or entities that are awarded for the achievement of common objectives in business, making contributions to society, as defined in its charter that in essence is a general term that means a society - society trading. As such the company has an identity apart from the legal authentic it is clearly separate from its members or shareholders. In this segment Kosovo has an interesting and intense legislative history. The transformation of the Company Law, from the time former social system to the establishment of UNMIK - Regulation in 1999 mark the greatest progress towards a modern economy - market. Two recent laws on commercial companies are based on the German model. It what is important has to do with the provision of legal guarantees for the provision of basic modalities for an early business organization in which local and foreign investors are familiar. The dilemma which now arises in the field of theory of business law is that it has been reasonable choice lawmakers two business formations to legal subjectivity removed and replaced with business subjectivity. It what is evident has to do with the fact that, at least so far, there is no comment, justification, debate, etc., that this setting expressed above, at least in terms of the science, to handle in terms of advantages or its disadvantages. The paper aims to provide a view of why partnerships society, despite the lack of legal personality has strong and stable position in life legal practice of doing business in our country.
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Legal and Structural Basis for Regulation of Foreign Economic Relations in the Russian Federation Entities (Republic of Buryatia Case)

Legal and Structural Basis for Regulation of Foreign Economic Relations in the Russian Federation Entities (Republic of Buryatia Case)

Affairs (RF); establishing offices abroad, granting their consent to offices of administrative and territorial units of foreign states located on the territory of the constituent entity. At the same time, according to the Federal Act “On International Treaties of the Russian Federation” (Federal Act, 1995), agreements made by the entity with a foreign partner are not considered international agreements. The performance of regional representative office is aimed at reaching agreements on international and foreign economic relations, and, consequently, it excludes diplomatic and consular functions. In entities of Russia the right to implement foreign economic relations is vested in both legislative and executive powers - Ministries, Departments, Committees or their Subdivisions, created on the level of the entities. Powers of the entities in the field of foreign trade are considerably determined by the regional legislation. Therefore, the people’s Khural of the Republic of Buryatia along with the President of Buryatia are responsible for domestic policy and foreign economic relations in the republic (Act of the Republic of Buryatia, 1995). For instance, the Ministry of Economy has a power to implement the republican policy in the field of international economic cooperation between the Republic of Buryatia and foreign entities (Decree of the Government of the Republic of Buryatia, 2012). Legislation of the entities of Russia on foreign economic cooperation can also grant a wide mandate to the government authorities of the Russian Federation entities in this area. For example, according to the Act of the Buryat Republic “On the treaties and agreements of Buryatia” (Act of the Republic of Buryatia, 2010), the republic is authorized to enter into agreements, i.e., a bilateral and/or multilateral acts establishing, modifying and terminating by mutual consent of the rights and responsibilities of the people’s Khural
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Government Regulation and the Legal Environment of Business

Government Regulation and the Legal Environment of Business

especially where foreign owners’ property is being expropriated. The guarantees of the Fifth Amendment (incorporated against state action by the Fourteenth Amendment) are available to property owners where state, county, or municipal government uses the power of eminent domain to take private property for public purposes. Just what is a public purpose is a matter of some debate. For example, if a city were to condemn economically viable businesses or neighborhoods to construct a baseball stadium with public money to entice a private enterprise (the baseball team) to stay, is a public purpose being served? In Kelo v. City of New London, Mrs. Kelo and other residents fought the city of New London, in its attempt to use powers of eminent domain to create an industrial park and recreation area that would have Pfizer & Co. as a principal tenant. [3] The city argued that increasing its tax base was a sufficient public purpose. In a very close decision, the Supreme Court determined that New London’s actions did not violate the takings clause. However, political reactions in various states resulted in a great deal of new state legislation that would limit the scope of public purpose in eminent domain takings and provide additional compensation to property owners in many cases.
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The Nexus between Improvements in Economic Freedom and Growth: Evidence from CEE Countries in Transition

The Nexus between Improvements in Economic Freedom and Growth: Evidence from CEE Countries in Transition

The results of first part of the causality analysis provided a solid basis to claim that in the period 2000-2009 improvement in economic freedom was an important growth factor, especially for less and moderately developed new EU economies in transition. In addition, this result implied that change in economic freedom was one of the significant factors stimulating the convergence of these countries towards highly developed EU members (acceptance of Hypotheses 1 and 2). The empirical analysis also provided a basis to specify the areas of economic freedom which were found to be especially important for growth in GDP per capita - monetary and fiscal freedom; trade openness; regulation of credit, labour, and business; legal structure and security of property rights; access to sound money (acceptance of Hypothesis 3). These findings are in line with empirical results published by other authors, since to the best of our knowledge a causal link from economic freedom to overall GDP or GDP per capita is reported as an empirical regularity in most of the contributions addressing the topic. Thus, market liberalization indeed seems to be an appropriate reform for countries whose concerns include fast economic growth.
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Introduction: Civil Legal Representation

Introduction: Civil Legal Representation

Engler suggests a three-prong approach to determining which cases and/or clients are the most appropriate beneficiaries of a full right to civil counsel and which are not—first, determine whether litigants’ needs can be met by expanding the roles of court personnel (judges, mediators, and clerks) in assisting unrepresented parties; second, determine whether assistance programs short of full attorney representation (hotlines, self-help centers, and advice offices) can prevent the forfeiture of legal rights without counsel; and finally, if neither changes in the role of court personnel nor the use of assistance programs are sufficient in protecting litigants’ rights, only then must full representation be provided. Engler advocates the use of current data and future research to explore where the stakes for unrepresented parties are too high and the power imbalances too great to risk anything less than full counsel, and, conversely, where other strategies can meet the needs of parties. He urges the use of pilot projects to test out the efficacy of counsel versus other methods of assistance and to create new data to support increased funding for projects. This article in the cluster gives advocates hope and a clear roadmap for moving forward in the face of recent setbacks in the movement for a civil Gideon.
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Legal entities and criminal law – principles of sanctioning

Legal entities and criminal law – principles of sanctioning

It can be imposed where it is necessary to inform the public of a judgment of conviction, mainly because of the nature and the seriousness of the criminal off ence, or where required by the interest of protecting the safety of people, property or society. Those conditions indicate a strong preventive nature of this punishment: the publication of the judgment warns other people against legal entities that commit serious crime that could harm their life, health or property or put them at risk. The penalty forces the legal entity to publicize, at its own cost, the fi nal and conclusive judgment or some part thereof determined by the judge. The publication will appear in some public medium channel determined by the judge and will include data about the legal entity convicted (its business name and registered offi ce). Any data relating to third legal or natural persons will be made anonymous. This penalty aff ects the good name of the legal entity convicted. It has a signifi cant defamatory eff ect and can indirectly aff ect the assets of the legal entity, e.g. by causing some of its customers and sponsors to turn away from the company. 21
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ERNIE: Enhanced Language Representation with Informative Entities

ERNIE: Enhanced Language Representation with Informative Entities

Given an entity mention and its context, entity typ- ing requires systems to label the entity mention with its respective semantic types. To evaluate performance on this task, we fine-tune ERNIE on two well-established datasets FIGER (Ling et al., 2015) and Open Entity (Choi et al., 2018). The training set of FIGER is labeled with distant su- pervision, and its test set is annotated by human. Open Entity is a completely manually-annotated dataset. The statistics of these two datasets are shown in Table 1. We compare our model with the following baseline models for entity typing: NFGEC. NFGEC is a hybrid model proposed by Shimaoka et al. (2016). NFGEC combines the representations of entity mention, context and ex- tra hand-craft features as input, and is the state- of-the-art model on FIGER. As this paper focuses on comparing the general language representation abilities of various neural models, we thus do not use the hand-craft features in this work.
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Automatic Extraction of Entities and Relation from Legal Documents

Automatic Extraction of Entities and Relation from Legal Documents

In recent years, the journalists and com- puter sciences speak to each other to identify useful technologies which would help them in extracting useful information. This is called ”computational Journalism”. In this paper, we present a method that will enable the journalists to automatically identifies and annotates entities such as names of people, organizations, role and functions of people in legal documents; the relationship between these entities are also explored. The system uses a combina- tion of both statistical and rule based tech- nique. The statistical method used is Con- ditional Random Fields and for the rule based technique, document and language specific regular expressions are used.
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Cooperation and development of enterprises with the example of a strategic business network

Cooperation and development of enterprises with the example of a strategic business network

To sum up the above analyses, it should be remembered that relations between enterprises, which include connection of cooperating parties with the producer in the form of a business network will be burdened with the human factor and turbulence of the environment in which an enterprise operates. This research shows the role of motivation and training directed to the partners, which they sometimes request themselves, which results from continuous willingness to be enriched with new experience. It also indicates an important role of regional supervisors who are the ambassadors of the producer's company in the field. Creating a strategy of cooperation with the partners, it is certainly important to be aware of the existing factors that contribute to or limit possibilities of the development of partner cooperation with the producer and adequately aim at strengthening positive factors and at eliminating barriers.
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From Pathways to Biomolecular Events: Opportunities and Challenges

From Pathways to Biomolecular Events: Opportunities and Challenges

To be able to efficiently support (some aspect of) pathway annotation through IE, the applied extrac- tion model should be able, for both entities and reac- tions, to 1) recognize mentions of all relevant types of entity/reaction and 2) differentiate between en- tity/reaction types at the same or finer granularity as the pathway representation. For example, an IE sys- tem that does not detect mentions of protein com- plexes cannot efficiently support aspects of pathway annotation that involve this type; a system that de- tects proteins and complexes with no distinction be- tween the two will be similarly limited. In the fol- lowing, we consider entity and reaction types sep- arately to determine to what extent these require- ments are filled by presently available resources for event extraction, in particular the GENIA corpus (Kim et al., 2008) and the BioNLP ST 2009 (Kim et al., 2009b) and 2011 corpora.
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Audit Documentation According To The International Standards In Slovakia

Audit Documentation According To The International Standards In Slovakia

The quality control of auditor’s work is very important. The control is performed by the inspectors of the Slovak Chamber of Auditors. The aim of the control of auditor’s work is improving the quality of auditors in the Slovak Republic. Slovak Chamber of Auditors publishes, in advance, a list of to be controlled entities on the website of the Chamber, so that the auditing companies, as well as, the individuals can be prepared for inspection.

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The Context for Australian SME Exits

The Context for Australian SME Exits

The June 30, 2004 Australian Bureau of Statistics count of Australian businesses reported that there were 3,015,318 active private and public businesses (ABS, 2005A and ABS, 2005B). This count excluded businesses without ABNs, general government, the central bank, non- profit institutions serving households, charitable institutions, social and sporting clubs, trade unions and other associations, unincorporated entities, diplomatic or trade missions, and foreign governments. An exclusion of businesses without ABNs, i.e. with turnovers <$50,000, is numerically significant; however, for the purposes of this analysis, where counts of non-employing businesses are generally excluded, this will also eliminate almost all non- employing businesses. Accessing readily available and reliable data on activities of very
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