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Common Disputes among Partnerships and Shareholders

Businesses are rarely a one-person endeavour – they’re usually joint enterprises, relying on different people with different skills to help drive growth and set goals. But sometimes, business owners, Directors, Partners and Shareholders don’t see eye to eye. Disagreements over company policies and direction, a lack of role clarity, and even allegations of misconduct or legal wrongdoing can cause strife amongst the leadership of a company. 

Disputes can be difficult, emotional and costly, which is why we at Alliance Law Firm  are dedicated to helping you navigate the murky waters of handling your dispute and taking legal measures if needed.

Though closely related, there are certain intricacies to both partnership and shareholder disputes that make strong, practical legal advice necessary, even if your goal is a peaceful resolution.

The Difference Between CEO, President & Managing Director

The corporate titles of chief executive officer, president and managing director carry distinctly different meanings. Chief executive officers serve as companies’ strategists and cheerleaders, with the implementation of objectives left to senior management. Managing directors act like CEOs, but operate in the two-tiered corporate board setup characteristic of British firms. Company presidents are more actively involved as managers, on the other hand, but also report to a board of directors that guides the organization’s direction.

CEO Responsibilities

A chief executive officer sets the tone for a company’s image, management and operations. At large corporations, the CEO may function more like a strategist, with other senior executives responsible for implementing his plans. At smaller firms, like retail stores, the CEO may also oversee budgeting, hiring, purchasing and day-to-day management. In either instance, a CEO faces constant pressure to help his firm achieve its long-term financial goals, or risk jeopardizing his future.

Company Presidents

At governmental agencies or nonprofit corporations, a corporate president may be more directly involved than CEOs in day-to-day management activities. At the Corporation for Public Broadcasting, for example, the president must report all significant activities and undertakings to the board of directors. The president also develops the annual CPB budget, and serves as chief spokesman.

Managing Directors

The managing director is a British phenomenon who acts like a CEO, but in a different environment than his U.S. counterpart. About 79 percent of British firms split power between CEOs and an independent board chairman, The Wall Street Journal noted in March 2009. The director is also bound by the Companies Act of 2006, which requires him to consider the social and environmental consequences of his decisions. The act marked the first time that such guarantees became part of British law, according to a Corporate Responsibility Coalition analysis.

How to get permanent residence permit in the Republic of Azerbaijan?

How to get permanent residence permit in the Republic of Azerbaijan?

According to the Migration Code of the Republic of Azerbaijan, foreigners or stateless persons living in the territory of the Republic of Azerbaijan for two years continuously can apply for getting permanent residence permit  in Azerbaijan.

The duration of temporary residence in the territory of the Republic of Azerbaijan is considered uninterrupted if the person does not stay outside of the territory of the Republic of Azerbaijan for more than 90 days within 180 days.

Immigrants are foreigners or stateless persons who are allowed to reside permanently in the country. Immigrant status is granted to these persons for five years and may be renewed for five years in the form of re-documentation. The number of extensions is not limited.

İn the following cases Foreigners (stateless persons) and their family members may apply for a permanent residence permit in Azerbaijan:

• Persons in close kinship with a citizen of the Republic of Azerbaijan;
• Persons who are family members of foreigners or stateless persons temporarily or permanently residing in the territory of the Republic of Azerbaijan;
• Heads of branches and representative offices of foreign juridical persons in the Republic of Azerbaijan and their deputies;
• Heads and deputy heads of a juridical person established in the Republic of Azerbaijan and whose founder or at least one of the founders is a foreign juridical person or individual;
• Persons engaged in entrepreneurial activity in the Republic of Azerbaijan;
• Persons investing at least 500,000 manats (approx: USD 295.000) in the economy of the country;
• Persons possess real estate worth at least 100,000 manats (approx: USD 59.000) in the territory of the Republic of Azerbaijan;
• Persons who have deposited at least 100,000 manats (approx: USD 59.000) in banks functioning in the Republic of Azerbaijan based on term deposit agreements;
• Highly qualified specialists in economics, industry, military, science, culture, sports, and other fields;
• Persons who are specialists included in the category defined by the President of the Republic of Azerbaijan invited by citizens of the Republic of Azerbaijan or juridical persons established in the Republic of Azerbaijan to perform works rendering services in the activity spheres determined by the President of the Republic of Azerbaijan.

Note: The applications for a Permanent Residence Permit must be made at least 3 months before the expiry date of the temporary residence permit.

Cases of non-issuance (non-extension) of a permit for permanent residence of foreigners and stateless persons in the territory of the Republic of Azerbaijan and cancellation of a previously issued permit are as follows:

• In cases where the national security or public order of the Republic of Azerbaijan may be harmed;
• When they are carriers of a virus or any disease that is on the list of dangerous infectious diseases approved by the relevant executive authority (except for those who are married to the citizens of the Republic of Azerbaijan);
• When they do not possess the identity documents or do not submit one or more of the documents specified in Article 53 of this Code;
• When they submit fraud documents or wrong information to obtain a permit for permanent residence in the Republic of Azerbaijan;
• When they were convicted for deliberate commission of a serious or aggravated crime, if the penalty was not served or withdrawn in the order established by law;
• When they do not have funds required to meet their minimum needs and the needs of the family members staying with them (except for cases when they have a close relative, a citizen of the Republic of Azerbaijan, or a person who possesses a permit for permanent residence in the Republic of Azerbaijan who undertakes a commitment to maintaining them when they stay in the country);
• When they fail to submit another document to meet the minimum needs of himself/herself and his/her family members within 10 working days if the person who took over the financial security of the foreigner or stateless person (family members accompanying him) refuses to provide such security;
• When they fail to submit documents on another place of residence for registration within 10 working days in case of an application for deregistration of a foreigner or stateless person by the persons applying for consent provided for in Article 53.1.14 of the Migration Code of the Republic of Azerbaijan;
• Leaving the territory of the Republic of Azerbaijan to reside in a foreign state;
• When the total number of days of their stay outside the territory of the Republic of Azerbaijan in any year since the date of issuance of a permanent residence permit exceeds 180 days;
• Elimination of circumstances that were grounds for obtaining a temporary residence permit in the territory of the Republic of Azerbaijan;
• When they do not know the rights and obligations of a foreigner or stateless person residing in the territory of the Republic of Azerbaijan permanently as it is provided for by the laws of the Republic of Azerbaijan and do not speak the state language;
• When their stay in the Republic of Azerbaijan is considered undesirable;
• When a decision on their expulsion from the Republic of Azerbaijan was made;
• When they violated the declared purpose of their visit to the Republic of Azerbaijan during their permanent residence in the territory of the Republic of Azerbaijan;
• When they failed to pay the administrative fine imposed for violation of rules of stay and residence of foreigners and stateless persons in the Republic of Azerbaijan.

How to get Temporary Residence permit in Azerbaijan?

Foreigners and stateless persons intending to reside temporarily in the territory of the Republic of Azerbaijan should get a relevant permit for it.

Permit for temporary residence in the territory of the Republic of Azerbaijan is issued to foreigners and stateless persons by the State Migration Service of the Republic of Azerbaijan.

Applications of foreigners and stateless persons for issuance of permit for temporary residence in the territory of the Republic of Azerbaijan are processed within the period provided by the Law of the Republic of Azerbaijan “On State Fee” in accordance with the amount of state fee paid under this Law.

In case a permit for temporary residence in the territory of the Republic of Azerbaijan is issued to foreigners and stateless persons, those persons are provided with a permission card for temporary residence in the territory of the Republic of Azerbaijan by the State Migration Service of the Republic of Azerbaijan.

Foreigners and stateless persons are issued permit for temporary residence in the territory of the Republic of Azerbaijan in the following cases:

• In case they are in close relationship with a citizen of the Republic of Azerbaijan;
• In case they invest at least 500 000 manats in the economy of the country;
• In case they possess real estate which is worth at least 100 000 manats in the territory of the Republic of Azerbaijan;
• In case they deposit money in the amount of at least 100.000 manats in the banks functioning in the Republic of Azerbaijan on the basis of a term deposit agreement;
• In case they are highly qualified specialists in the spheres of economy, industry, military, science, culture, sports, etc;
• In case they are specialists included to the category defined by the President of the Republic of Azerbaijan who have been invited by the citizens of the Republic of Azerbaijan or juridical persons established in the Republic of Azerbaijan for the purpose of doing works or rendering services in the activity spheres determined by the President of the Republic of Azerbaijan;
• In case they are family members of foreigners or stateless persons temporarily or permanently residing in the territory of the Republic of Azerbaijan;
• In case they hold positions of head or deputy head in the branch or representation of a foreign juridical person in the Republic of Azerbaijan;
• In case they hold positions of head or deputy head of juridical person established in the Republic of Azerbaijan, the founder or at least one of the founders of which is a foreign juridical or physical person;
• In case they engage in entrepreneurship activity in the Republic of Azerbaijan (this case is only considered as a ground for issuance of a permit for temporary residence in the territory of the Republic of Azerbaijan, when those persons work actually by concluding labor contract with at least 5 persons on full time employment or 10 persons on part-time employment. In this case, at least 80 percent of the workers are required to be citizens of the Republic of Azerbaijan);
• In case they are recruited by the relevant executive authorities;
• In case they are military servicemen and experts invited to serve or work for the Armed Forces of the Republic of Azerbaijan and other armed units, established according to the legislation of the Republic of Azerbaijan;
• In case they are an accredited employee of the mass media in the Republic of Azerbaijan;
• In case they are seamen;

What Skills Does a Business Lawyer Need

How to Become a Business Lawyer

Business law is an exciting yet diverse career opportunity for an aspiring lawyer. Your job could consist of doing anything from company restructuring and mergers to contract or property law. The work is as varied as any business; but in general, your role is to be the guide for businesses and companies in any legal matters.

What Is a Business Lawyer?

A business lawyer is responsible for assisting corporations with legal matters. Their role is to ensure everything done at the company is legal and above board. From mergers and acquisitions to incorporations and bankruptcies, every legal aspect related to the company’s business activity will be under your purview.

What Does a Business Lawyer Do?

While it will vary from company to company, here are some common tasks you might be expected to perform as a company Lawyer.

Starting businesses. Some business lawyers may be asked to help individuals decide what type of business they should run. Sole proprietorship, an LLC, a partnership, or a corporation—there are many options—and ensuring your client establishes the right one means savings and tax benefits for them.

Contract law. When one party fails to live up to its obligations or duties, things can get complicated. And your job will be to negotiate a settlement and sort out whatever problems there may be. This may involve writing employment contracts, NDAs, or even taking those in breach to court.

Property law. Many businesses own or lease properties, and this comes with its fair share of paperwork. Real estate law is a complex web that your business clients might find difficult to navigate, so you’ll be tasked with bringing your legal expertise to hand and guiding them through it.

How Do I Become a Business Lawyer?

Becoming a lawyer is a challenging career path that requires hard work and many years of education. You’ll need to earn a bachelor’s degree, get admitted to law school, and pass the rigorous lawyer certification or “bar” exam for your state.

What Skills Does a Business Lawyer Need?

Career counselors who can see beyond what their clients can’t, will find themselves rewarded in not only the success of their role but also emotionally. Career counselors need empathy and kindness just as much as training and technical skill.

If you are interested in becoming a career counselor, you will need a balance of hard and soft skills, some of which include:

An analytical mind: able to quickly solve problems and issues for your business clients.

Clear communication skills: you may be meeting clients from diverse backgrounds and different countries.

Research skills: you need to know or find what laws or regulations apply in each specific matter, no matter how obscure.

Teamwork skills: few lawyers work alone, so being comfortable working in a team is essential.

Excellent written skills: You’ll be charged with preparing various legal documents, so being a confident writer is a must.