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  • General partnershipsDatum26.12.2024 15:46
    Thema von TimothyHughes im Forum Dies ist ein Forum in...

    A general partnership is a type of legal structure where two or more individuals co-operate or form an association in order to establish a business, for the purpose of making a profit as a group. The incorporation process is also known as company formation. Profits are usually distributed equally between the partners, who are also equally personally liable for the entire company. However, the general partnership dissolves if one of the partners decides to withdraw from the shared business.

    Even though general partnerships offer some tax exemptions, it should be pointed out that they have one major disadvantage in terms of personal liability. In a general partnership, the actions of one partner are automatically considered to be endorsed by the others, making each partner personally liable for the others’ actions. The liability of partners in a general partnership can be summed up as follows:

    Each partner is responsible for his or her own actions.
    Each partner is responsible for the actions of all other partners.
    Each partner is responsible for the actions of the partnership’s employees.
    Consequently, we would strongly recommend that you think twice and perform due diligence on your potential business partner(s). A good alternative to a general partnership may be a limited partnership or a limited liability partnership.

    Owners of a general partnership
    The owners of a general partnership are called 'the general partners', and they hold unlimited liability for the company. They are deemed to be partners after the agreement to incorporate a company has been finalised. Each partner has the power to conduct business on behalf of the company without permission or authorisation from the other general partners. General partners must always take tax planning into consideration, and it is highly advisable that they do not take any substantial risks on behalf of the company, since their personal assets would be put at risk.

    Functions of a general partnership
    General partnerships are formed for various reasons and they have certain legal implications, for example for company management procedures, profit-sharing, responsibility for partners’ debts, etc. Profits are always shared equally among all of the company’s partners, and they have absolute individual authority to manage and run the business. Moreover, all partners are considered to be liable if one or more of them have dealings with a third party, as any one partner can enter into and perform agreements on behalf of the partnership as a whole.

  • Top destination for global investments Datum19.03.2023 11:40
    Thema von TimothyHughes im Forum Dies ist ein Forum in...

    Every year over USD 1 trillion is distributed worldwide in the form of foreign direct investment. Investments by foreign investors and entrepreneurs are of significant value to the country and are seen as a sign of a healthy economic, political and legal environment. When it comes to investing your money, some countries are simply better than others. It depends on numerous factors such as the country's overall economy and growth opportunities, political stability, taxation and the overall legal system, the complexity of starting a business, opening an account and the workforce.

    In this article, we summarize three jurisdictions in terms of benefits and other features crucial to foreign investors. These countries have already proven that they can attract multinationals and other investments, but when it comes to choosing the right place to invest, each country is different and might be better than others in one or more factors.

    Singapore
    The first country to analyse is Singapore as it takes the 2nd place among the best countries to invest in and the 15th place among the best countries in the world in the US News Best Countries Ranking developed in cooperation with its international partners.

    Located in Southeast Asia, Singapore is a bustling metropolis and a home to one of the busiest ports in the world. As one of the four economic tigers of Asia, the country has experienced an impressive growth in the recent past due to efficient production and manufacturing practices and innovations in pharmaceutical and electronics industries. High GDP per capita and low unemployment place Singapore among the wealthiest countries in the world.

    Due to its impressive growth, along with growing immigration Singapore attracts best professionals for its workforce. The country offers cultural diversity and with four official languages is an important gateway for international trade.
    Corporate tax rate is 17% but can be reduced if taking advantage of numerous government subsidies, incentives and other schemes.
    Legal system of Singapore is recognized for its integrity, efficiency and fairness making the country better than many others as a place for starting and operating a business. World Bank group has recognized Singapore’s political and regulatory environment as the most business-friendly in the world.
    Other factors:
    Least corrupt country in Asia;
    Best IP protection in Asia;
    Most popular country for arbitration in Asia.

    United Arab Emirates
    The United Arab Emirates or UAE is listed as the 22nd best country in the world and is not mentioned among the best countries to invest in according to the ranking mentioned above.

    Before discovering oil in the middle of the 20th century, UAE’s economy was mainly based on fishing and pearl industries. The country experienced a rapid growth and overall transformation along with the beginning of oil exports in the 1960s. Nowadays, the country’s GDP can be compared with those of leading European countries and World Economic Forum has named UAE as the most competitive place in the Arab world.

    When establishing a business in UAE, foreign investors are able to choose between offshore or onshore registrations depending on which suits better for the business nature and planned activities. Onshore registration means that the investor establishes a business presence in the UAE mainland. Meanwhile, offshore registration typically refers to a business presence in one of the free trade zones of the UAE.
    The UAE does not impose a corporate income tax on a federal level. However, most of the Emirates have some taxation in place for corporate income and can reach even 55% for certain industries. In practice, corporate income tax is mainly imposed on gas and oil companies as well as branches of foreign banks.
    Other factors:
    UAE is among the Gulf’s most liberal places with legal system allowing the freedom of religion;
    No sales tax or VAT, but with plans to introduce in the future;
    In addition to traditional banking, recently Islamic (or sharia-law compliant) banking has witnessed a tremendous growth.

    Hong Kong
    Hong Kong is a special administrative region of China. While Hong Kong is often considered as a separate entity from China, it is not a country and therefore enters all lists and rankings under the name of China. China takes 26th place among best countries to invest in and 20th place among best countries in general.

    Hong Kong’s legal system is characterised by the strict adherence to principles and the rule of law. It operates a free trade economic system and promotes minimal government interference in most sections of the economy. This reflects on the small number of tariffs and duties on traded goods and therefore it is a better place for investments than other parts of China.
    Foreign investments are attracted by promoting a favourable investment climate with low taxes, few restrictions and additional incentives to encourage investments. Corporate profits tax rate is 16.5% with a possibility to waive 75% of the tax. There is no tax levied on dividends.
    Company incorporation is a simple and fast-forward process. All applications for company incorporation also include an application for the business registry. The application can be submitted online and the processing generally takes one hour (as opposed to four days if the application is submitted in hard copy).

  • Trademark and brandDatum09.10.2022 14:18
    Thema von TimothyHughes im Forum Dies ist ein Forum in...

    In the context of EU intellectual property, a trademark is a sign that identifies a company. It allows one brand to be distinguished from another, or more specifically, to distinguish one company's products or services from another company's products or services.

    In fact, any distinctive sign can be considered a trademark: it can be a word, a design, a logo, and even a specific shape, color, or sound. In particular, a registered trademark is a legally protected sign and property right. Any sign that can characterize the company can be registered and become the trademark of the company. Because of this, a trademark is a different legal term than a trademark, which is often used in marketing studies. One can say that one protects a trademark if one wants to register a trademark. Any consumer who knows a company has an idea of ​​its products and services, as well as a general idea of ​​the company as a whole. This idea is the brand.

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