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Corporate and commercial law is one of the central areas of law, aimed at regulating the conduct of companies and corporations across a wide range of aspects. Lawyers specializing in this field assist both in the establishment stage of companies and in their ongoing management, while ensuring compliance with the law and protecting the interests of shareholders and the company.

What are Corporate and Commercial Laws?

Corporate and commercial laws deal with the system of laws and regulations governing the activities of companies and corporations. The field includes company formation, proper management of its operations, distribution of responsibilities among shareholders, conflict prevention, and management of business disputes.

This field also focuses on ensuring transparency and reporting to state authorities, while considering the rights of employees, suppliers, and customers. The purpose of these laws is to ensure that company operations are stable, fair, and beneficial to all parties involved.

Sub-fields in Corporate and Commercial Law

Company Formation: Part of the role of company formation lawyers is to guide entrepreneurs through the company registration process and choosing the appropriate legal structure – limited company, partnership, non-profit, or other entity. The process includes drafting company articles, registration with authorities, and ensuring compliance with relevant laws.
Mergers and Acquisitions: This field deals with combining or acquiring companies, focusing on finding legal arrangements that will ensure the success of the transaction. A recommended lawyer in the field will know how to conduct negotiations, draft contracts, and perform legal due diligence.
Securities Law: This field includes regulation of trading in stocks and bonds and ensuring proper and transparent operations with the Securities Authority. Lawyers in this field assist companies in drafting prospectuses and obtaining regulatory approvals.
Insolvency and Company Recovery Laws: When a company faces financial crisis, expert lawyers can assist in liquidation or recovery processes. The goal is to protect creditors' rights and find solutions that will allow business operations to continue, if possible.
Business Disputes: Lawyers specializing in corporate law assist in managing and resolving disputes between shareholders, managers, or business partners through negotiation, mediation, or legal proceedings.

How Can a Specialized Lawyer Help?

A lawyer specializing in corporate and commercial law has comprehensive expertise in managing complex legal processes and providing legal advice tailored to company needs. Here are several ways they can help:

Ongoing Consultation: The lawyer accompanies companies in their ongoing management, addressing any legal questions that may arise, such as planning employment contracts or checking compliance with relevant regulations.
Legal Representation: During business disputes, lawsuits, or regulatory investigations, an expert lawyer represents the company's interests and protects it in court.
Crisis Management: In cases of financial or business crises, the lawyer will assist in strategic planning for company recovery or orderly liquidation.
Risk Prevention: The lawyer will provide proactive recommendations for identifying and managing legal risks, such as drafting contracts that ensure legal protection.

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Frequently Asked Questions

What is the difference between a limited company and a partnership?

A limited company is a separate legal entity whose owners are protected from personal liability for company debts. In contrast, in a partnership, liability is shared personally among partners and sometimes their personal assets are also at risk.

What is a company's articles of association and why is it important?

A company's articles of association is a document that defines the company's objectives, board powers, and relationships between shareholders. It helps ensure proper management and prevents disputes between involved parties.

How does the company merger process work?

The process begins with due diligence examining the companies' financial and legal status. Then, negotiations are conducted and contracts are drafted regulating merger terms. Finally, regulatory approval is required according to law.

What to do in case of a shareholder dispute?

Consult a lawyer specializing in commercial and business disputes. They will examine the articles and existing contracts, suggest solutions such as mediation or negotiation, and if necessary, proceed with legal action.

Can a company in insolvency be rehabilitated?

Yes, with an expert lawyer, a recovery plan can be developed including debt restructuring, negotiations with creditors, and steps to improve business management.

What are the regulatory obligations of a public company?

Public companies must regularly report to the securities authority, publish prospectuses, and ensure full transparency with shareholders and the public.

How do you register a limited company?

Submit an application to the companies registrar including the articles of association, shareholder and director details, and pay a fee. The process also includes registering and approving the company name.

What to do in case of contract breach between companies?

In case of contract breach, consult a lawyer who will examine the circumstances of the breach, recommend legal actions, and represent you in legal proceedings if necessary.

How does a lawyer assist in selling a company?

A lawyer manages the negotiation process, drafts legal contracts, and performs due diligence to ensure the sale is conducted legally and correctly.

When is legal counsel required in corporate law?

Legal counsel is required at every stage – from company formation, through ongoing management to handling mergers, acquisitions, or complex legal disputes.