Corporate law: How to Start a Business

Business owners require legal counsel on corporate law issues in order to properly structure their company. Because each country has its own domestic laws, corporate law professionals should provide services to each client on an individual basis. A legal assessment of corporate governance will allow you to understand how effectively the board of directors works and analyze the quality of managers' performance of functional duties.

The most important aspects of corporate law

A corporate lawyer offers a variety of services, including advice on transactional business needs, assistance in resolving business disputes, and compliance with legal requirements.

Business consulting includes consultations on the following topics: 

• establishment; management; 
• international dispute resolution; 
• reorganization of a legal entity; 
• transactional assistance; 
• mergers and acquisitions; 
• debt and equity financing.

Entrepreneurs who want to trade on the stock exchanges of America, Europe, and Asia require corporate law advice. Lawyers can help with the following issues: conducting organizational due diligence, obtaining financing from banks or private investors, venture capitalists, and private equity participants. The following are some of the ways a business consultant can help your company.

How to Form a Legal Entity

To establish a legal entity, you must have knowledge in several areas, including legal, tax, and financial knowledge, as well as experience working with documents and reporting. Legal consultants will assist you in selecting the best business structure for your needs and will advise you on the preparation of a memorandum of association. This will help employees and shareholders understand the business model that will be used.

To establish a legal entity, you must first complete the following steps:

• The founders' composition, organizational and legal form, name, and location are all chosen.
• Document preparation for constituents.
• Authorized capital is created.
• Registration with the appropriate tax authorities.
• Opening a bank account.
• Print creation.

When establishing a company, our experts can advise you on the following corporate law issues: 

• consultation on registration requirements in the jurisdiction requested by the client; support of the document preparation process; 
• consultation on compliance with licensing standards; 
• contract due diligence.

What exactly is corporate governance?

Corporate governance is a control method in which the board of directors and managers manage the company and make key and significant project decisions. To have an impeccable reputation, a company must follow the rules and laws of the country in which it does business and have transparent management principles.

Specialists advise clients on creating a framework for management and control, developing a competent structure through corporate documentation, and advising top management on their rights and obligations.

Our firm provides the following services: 

• advice on the implementation of legal norms; 
• advice on the preparation of a draft agreement on corporate governance concepts; 
• legal consulting on corporate governance principles; 
• legal expertise of contracts; 
• and advice to board members on their responsibilities.

Planning for business succession

The availability of constituent documents that provide for various opportunities to ensure the continuity of the organization, including a succession plan, is an important component of a successful business.

Asset protection and restructuring, merger or acquisition assistance, and personal estate planning assistance are all part of succession planning. As a result, the transfer of property rights between their owners will be clearly constructed.

The following asset transfer services are available from us:

• Complete due diligence.
• Identifying the possibility of transferring the business (and finding a solution in the absence of such a possibility).
• Help in locating external strategic buyers.
• Agreements for the sale of shares or assets are prepared.

Options for Financing

To expand the business, various financing options must be considered: 

• capital structuring; 
• increase in initial share capital; 
• coordination of debt transactions; 
• and prevention and analysis of bankruptcy cases.

A lawyer with extensive experience and high qualifications can help clients apply for participation in the financing program, as well as choose the best way for your business to raise capital to meet your needs.

Acquisitions and mergers

In the time-consuming process of buying or selling a business, you must ensure that all parties involved are treated fairly. A merger's success is dependent on a thorough understanding of industry dynamics, the shape of the merging companies, and well-thought-out integration plans. The relevant legal requirements for mergers and acquisitions must be strictly followed.

Our company can assist you with the following:

• Creation of a suitable transaction mechanism.
• Considering the investment attractiveness of a particular investment object.
• Assist in the preparation of agreements for international mergers and acquisitions.

The planned transaction's success is dependent on the correct risk assessment of the target company. To accomplish this, a thorough review of suppliers and all necessary elements of the target company is required, as well as the identification of unforeseen circumstances and risks associated with the purchase and sale of a legal entity. In the event of a merger, assistance in obtaining regulatory approvals requires the consultation of relevant specialists.

Transactional assistance

Because the business relies on various financial transactions with customers, partners, and suppliers, an appropriate level of project management is required. All documents, including marketing contracts, non-disclosure agreements, employee proposal letters, and so on, must clearly define the host's rights and obligations and protect your interests.

Using qualified specialists to draft transaction documents will allow you to avoid costly judicial dispute resolution in the future.

Dispute Resolution in Business

If you are still involved in a legal dispute, you should seek the assistance of a lawyer, who will be able to analyze the current situation and offer various courses of action. When necessary (if mediation or other appropriate methods have not been successful), corporate lawyers collaborate with litigators to resolve a business conflict.

We can assist you in resolving the following types of disputes:

• сorporate - disputes arising between shareholders as a result of contracts for the purchase and sale of shares, etc.; 
• contractual - disputes arising under commercial contracts, including sales and purchase agreements, supply and leasing agreements; 
• financial and securities market activities; 
• investment; 
• infringement of intellectual property rights; 
• labor.

Business assistance

IncFine works on both domestic and international transactions for clients ranging from technology start-ups to multinational corporations.

The following services are provided by the company:

• Assistance in determining a corporate culture and a jurisdiction in which to register.
• Assistance in obtaining permits and advice on the implementation of business license requirements
• Contract preparation.
• Establishment of foreign subsidiaries and branches
• Identifying appropriate investment strategies.
• Buying and selling a company.
• Reorganization of the group.
• Check for dependability.
• Agreements on cooperation are signed.
• International M&A transactions, including asset due diligence upon sale of the organization's assets.
• Help with conflict resolution.