April 10, 2012
A few days ago I was thinking on this next blog entry, trying to find a corporate issue that could be addressed different depending on the jurisdiction and this question came to mind: Could a company in process of being incorporated enter into an agreement provided there is a clause conditioning the validity of the agreement to the incorporation fulfillment?
Before going forward with the post, keep in mind that this is not the case that a company is not incorporated and hold back this information from the other party. This is the case, when everybody knows the company is in process of incorporation and both parties agree to proceed nevertheless.
November 22, 2011
There comes a time in any lawyers practice that we must sit back and ask ourselves “is my client telling me what to tell him? Does my client really want my opinion?.
Personally, been there done that! More often that I would like, I’ve found myself trying to,convince my own client of my opinion and my recommendation. Trying to convince him as if I was convincing my counterparts.
Clients have come with issues and consultations, have been rendered the opinion or recommendation, and as if was the more normal thing in the world, have “questioned” them with the “but I really think” speech.
August 29, 2011
On July 11th, 2011, Law # 12.441 changed the Brazilian Civil Code currently in force, creating the figure of the limited liability individual company. In Portuguese, this type of company is called “empresa individual de responsabilidade limitada,” which is being referred to by the initials “EIRELI.”
Individuals have been always able to constitute companies with only one partner, which were called, before the changes introduced in the Brazilian Civil Code in 2002, “firma individual.” After such changes, the designation for such type of company changed to “empresário individual.” Either way, the liability of the individual was unlimited, that is, the patrimony of the individual could be seized for the payment of debts made in name of the company.
August 1, 2011
Following introductory comments from Alishan Naqvee, comments on the FCPA from Stuart Gerson and the UK Bribery Act from Charles Wander, the group discussed their thoughts on anti-corruption legislation in their own countries. The discussion was quite lengthy, so I’ve broken it up into multiple posts.
Sueli Avellar Fonseca began with comments about Brazil, which she noted is rated highly on the corruption scale. She said that all the public departments and politicians engage in corruption. The government had created a commission to investigate the existence of corruption and their conclusion was that there is no evidence. Despite this, over the last eight years of the current government, they have made approximately 20 commissions and these commissions are all paid duties to vote in favor of the government.
June 28, 2011
With my readers permission, today I´ll briefly address a different topic. Rather than analyzing a legal issue in my country, I´ll talk about a new gadget I got. Since early May, I´ve been using and exploring the Blackberry Playbook.
Much to my liking the Playbook has turned out an excellent choice for my line of work (when comparing it with my wife´s Ipad), considering I´m also a Blackberry phone user. The power combination of the Playbook and the phone, with the Bridge software is great for managing my emails, tasks, calendar and BB Messenger from the Playbook (of course, if I have the phone within reach).
One of the things everybody was saying about this first generation of Playbook is that it only works efficiently where there is a wi-fi connection, because it can´t be used with 3G. That is true to some extent. My solution is quite simple: whenever I need internet access for any of my apps and there isn´t wi-fi (let´s be honest: there are just a few places with no wifi) I use my phone internet to access it from the Playbook, using the internet tethering option of the phone.
June 15, 2011
Today’s the big day! The International Lawyers Network is unveiling our new content-driven website at http://www.ilntoday.com. We gave our member firms a sneak peek at last week’s 23rd Annual Conference, and this week we’re revealing it to you!
The redesigned site embodies the latest technology to best serve the growing needs of ILN members and their clients, and provides a variety of benefits, including:
March 4, 2011
Current Company Law No.479-08, have been modified by Law No.31-11 of February 10th, 2011. Some of the company types have been modified, as well as new types have been created. We´ll prepare an in depth look into this new law and will share with our readers the most important aspects.
July 22, 2010
Simple Limited Company
The Simple Limited Companies are those that exist under a trade name and are composed of one or several joint partners that respond in a subsidiary, limitless and shared manner for the social obligations, and one or several joint partners that only are obligated up to the payment of their contributions.
July 13, 2010
Collective Name Societies
The Collective Name Society is that which exists under a trade name and in which all the partners have the quality of retailers and respond, in a subsidiary, limitless and shared way, for the social obligations.