Describe how purchasing strategy is becoming more intertwined with o.pdfakukukkusarees
Describe how organizations can overcome the geographic, cultural, and language challenges
when seeking potential overseas suppliers. Give specific examples.
Decide how organizations can instill the same ethical standards in overseas suppliers, especially
Asian suppliers.
Explain what other two (2) assessments, in addition to what is published in the Global
Competitiveness Report, you might need to determine the risks and opportunities of an overseas
supplier for your company or organization or institution. Expand on the value add of these two
(2) assessments.
Solution
Each country has its own cultural customs, and these will affect local business deals. Firms in
Saudi Arabia will often mention the prophet Mohammed during their business deal; Chinese
firms place great emphasis on business cards; and Brazilian firms are often late to appointments.
Although there are exceptions in all these cases, as cultural rules they generally hold true.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
Part of the webinar series: Complex Financial Litigation 2021
See more at https://www.financialpoise.com/webinars/
169
8Grievances, Mediation, and Arbitration
Ingram Publishing/Thinkstock
Learning Objectives
After completing this chapter, you should be able to:
• Compare and contrast grievance procedures by type of business entity.
• Describe the purpose of negotiations.
• Summarize the process of mediation.
• Explain the process of arbitration and differentiate the various types.
• Evaluate the career paths available in dispute resolution.
sea81813_08_c08_169-192.indd 169 12/10/14 3:12 PM
Section 8.1 Dispute Resolution
Introduction
In Chapter 7 we saw the significance of a collective bargaining agreement and some of its
important components. Most CBAs have language that reflects the reality that in every work-
place there are bound to be disagreements, whether between workers or between workers
and management. With that recognition comes the realization that not only does discord lead
to an unpleasant workplace, it also reduces productivity. Given that it is inevitable, workers
and managers alike are wise to plan ahead for inevitable disagreements by formulating griev-
ance procedures or dispute resolution plans.
This chapter will explore the major types of dispute resolution and what each entails. It will
cover the major steps of some of these processes and provide resources to learn more about
both the processes and job opportunities in this area.
8.1 Dispute Resolution
The term dispute resolution refers to a process, formal or informal, by which people attempt
to solve differences between themselves. There are three major types of dispute resolution:
negotiation, mediation, and arbitration.
This chapter follows the collective bargaining chapter because approximately 97% of all
collective bargaining agreements have a grievance procedure (Craver, 1990); breaching the
agreement results in arbitration. Therefore, understanding the grievance procedure is a natu-
ral progression from collective bargaining.
Despite its direct relationship to collective bargaining, dispute resolution is not unique to
labor unions or management. It is a tool used in every facet of life, one you have likely person-
ally used no matter your background or employment history. For example, when you have
worked out with family and friends matters as mundane as what to have for dinner, which
movie to attend, or where to go on vacation, you have negotiated an agreement and/or par-
ticipated in dispute resolution.
Everyone has practice with negotiating, but there are other types of dispute resolution: medi-
ation and arbitration. These are also tools that can be used both in a labor context and else-
where; in other words, they are not limited in their application. This is because grievances
arise in every context, whether on the world stage, in a family, among roommates, or in the
workplace. Grievances can run the gamut from petty complaints that are quickly resolved to
serious allegations such as sexual harassment.
In the workplace a grie.
Describe how purchasing strategy is becoming more intertwined with o.pdfakukukkusarees
Describe how organizations can overcome the geographic, cultural, and language challenges
when seeking potential overseas suppliers. Give specific examples.
Decide how organizations can instill the same ethical standards in overseas suppliers, especially
Asian suppliers.
Explain what other two (2) assessments, in addition to what is published in the Global
Competitiveness Report, you might need to determine the risks and opportunities of an overseas
supplier for your company or organization or institution. Expand on the value add of these two
(2) assessments.
Solution
Each country has its own cultural customs, and these will affect local business deals. Firms in
Saudi Arabia will often mention the prophet Mohammed during their business deal; Chinese
firms place great emphasis on business cards; and Brazilian firms are often late to appointments.
Although there are exceptions in all these cases, as cultural rules they generally hold true.
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
Part of the webinar series: Complex Financial Litigation 2021
See more at https://www.financialpoise.com/webinars/
169
8Grievances, Mediation, and Arbitration
Ingram Publishing/Thinkstock
Learning Objectives
After completing this chapter, you should be able to:
• Compare and contrast grievance procedures by type of business entity.
• Describe the purpose of negotiations.
• Summarize the process of mediation.
• Explain the process of arbitration and differentiate the various types.
• Evaluate the career paths available in dispute resolution.
sea81813_08_c08_169-192.indd 169 12/10/14 3:12 PM
Section 8.1 Dispute Resolution
Introduction
In Chapter 7 we saw the significance of a collective bargaining agreement and some of its
important components. Most CBAs have language that reflects the reality that in every work-
place there are bound to be disagreements, whether between workers or between workers
and management. With that recognition comes the realization that not only does discord lead
to an unpleasant workplace, it also reduces productivity. Given that it is inevitable, workers
and managers alike are wise to plan ahead for inevitable disagreements by formulating griev-
ance procedures or dispute resolution plans.
This chapter will explore the major types of dispute resolution and what each entails. It will
cover the major steps of some of these processes and provide resources to learn more about
both the processes and job opportunities in this area.
8.1 Dispute Resolution
The term dispute resolution refers to a process, formal or informal, by which people attempt
to solve differences between themselves. There are three major types of dispute resolution:
negotiation, mediation, and arbitration.
This chapter follows the collective bargaining chapter because approximately 97% of all
collective bargaining agreements have a grievance procedure (Craver, 1990); breaching the
agreement results in arbitration. Therefore, understanding the grievance procedure is a natu-
ral progression from collective bargaining.
Despite its direct relationship to collective bargaining, dispute resolution is not unique to
labor unions or management. It is a tool used in every facet of life, one you have likely person-
ally used no matter your background or employment history. For example, when you have
worked out with family and friends matters as mundane as what to have for dinner, which
movie to attend, or where to go on vacation, you have negotiated an agreement and/or par-
ticipated in dispute resolution.
Everyone has practice with negotiating, but there are other types of dispute resolution: medi-
ation and arbitration. These are also tools that can be used both in a labor context and else-
where; in other words, they are not limited in their application. This is because grievances
arise in every context, whether on the world stage, in a family, among roommates, or in the
workplace. Grievances can run the gamut from petty complaints that are quickly resolved to
serious allegations such as sexual harassment.
In the workplace a grie.
What You Need to Address When Going into Business with SomeoneKieran McCarthy
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This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
The Victoria Law Group is a Miami-based law firm which operates under the principle that all clients, no matter how big or small, deserve nothing less than the highest quality legal representation.
Contracts are the lifeblood of business. Often times, the best defense to an unfortunate business situation and an unfortunate business result is a well-drafted contract. Our Business and Commercial Law Group is comprised of attorneys with in-house experience, whose primary function was to draft agreements to sustain the company’s business. We represent our clients in the negotiation and drafting of all types of contracts and agreements to protect their interests. We guide and represent our clients in and with respect to: Complex contractual agreements and standardizations; Technology and software licensing; Web site development agreements; Joint ventures; Outsourcing relationships; Franchise and distribution structure; Product and service supply agreements; Procurement agreements; and domestic and international distribution formation and termination.
Buy-Sell Agreements for Investment Management Firms: An Ounce of Prevention i...Mercer Capital
If you are an owner of an investment management firm and have not reviewed your buy-sell agreement recently, you’re not alone. Buy-sell agreements are frequently the most forgotten corporate document in the file. No one thinks about buy-sell agreements until a triggering event, and then it becomes the only thing they think about. Partners are often surprised by the language in the contract they signed many years before, and too often a serious dispute breaks out between partners over what the words in the agreement mean, or were intended to mean. The purpose of this whitepaper is to equip ownership to understand the consequences of their buy-sell agreements before a controversy arises, and to make informed decisions about the drafting or re-drafting of the agreement that promote the financial health and sustainability of their firm.
Virtual companies can conduct selected professional activities that include services related to printing and advertising; computer programming, consultancy and related activities; and design activitie
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In UAE, tobacco and tobacco products, Energy Drinks and Carbonated drinks are subject to Excise tax and the nation has now decided to levy excise tax on all e-cigarettes, e-liquids and sweetened drinks with effect from December 1, 2019
Regulation of the submission of reports by multi-national companies in UAE.pdfFiyona Nourin
The CbC report must be submitted within 12 months of the end of the reporting period. Accordingly, for the financial years commencing on 1 January 2019, the CbC report must be submitted by 31 December 2020
UAE Implements New Law to Support Financially Insolvent Individuals.pdfFiyona Nourin
The law will lead to greater transparency, in terms of civil debt repayment transactions, and will reinforce the position of the country as an ideal destination for investment, where equal rights are given to all the parties. It helps in creating an atmosphere that encourages entrepreneurship and creates favorable conditions for doing business.
Protection against the dangers of cyberspace, support for innovation in cyberspace and the growth of the emirate and its economic prosperity, are the motives of Dubai cyber security strategy.
There has been widespread scepticism and fears that the integration of emerging new technologies like AI into an industry such as HR would inevitably lead to multiple job losses
Block-chain lacks a single point of failure. In addition to being efficient, the blockchain has other unique characteristics that make it a breakthrough innovation.
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A look into how to prevent preliminary business issues from derailing your company. A quick look at Non-disclosures, Non-solicitations, and other documents and contingencies you should address.
PROFESSIONAL OPPORTUNITIES FOR CHARTERED ACCOUTANT IN THE ALTERNATIVE DISPUTE...CA. (Dr.) Rajkumar Adukia
This article focuses upon certain practices and scheme of ADR in india in the form of question and answer format realted to ADR, its nature of conduct whether ad hoc or administered; available platforms or forums for the better understanding to the ADR practitioners as one of the professional opportunities for Chartered Accoutants.
Insider Lease Agreements (Series: Fairness Issues in Real Estate-Based Bankru...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structured enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner.
This arrangement can lead to some ethical issues, should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2021/
The Victoria Law Group is a Miami-based law firm which operates under the principle that all clients, no matter how big or small, deserve nothing less than the highest quality legal representation.
Contracts are the lifeblood of business. Often times, the best defense to an unfortunate business situation and an unfortunate business result is a well-drafted contract. Our Business and Commercial Law Group is comprised of attorneys with in-house experience, whose primary function was to draft agreements to sustain the company’s business. We represent our clients in the negotiation and drafting of all types of contracts and agreements to protect their interests. We guide and represent our clients in and with respect to: Complex contractual agreements and standardizations; Technology and software licensing; Web site development agreements; Joint ventures; Outsourcing relationships; Franchise and distribution structure; Product and service supply agreements; Procurement agreements; and domestic and international distribution formation and termination.
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If you are an owner of an investment management firm and have not reviewed your buy-sell agreement recently, you’re not alone. Buy-sell agreements are frequently the most forgotten corporate document in the file. No one thinks about buy-sell agreements until a triggering event, and then it becomes the only thing they think about. Partners are often surprised by the language in the contract they signed many years before, and too often a serious dispute breaks out between partners over what the words in the agreement mean, or were intended to mean. The purpose of this whitepaper is to equip ownership to understand the consequences of their buy-sell agreements before a controversy arises, and to make informed decisions about the drafting or re-drafting of the agreement that promote the financial health and sustainability of their firm.
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[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
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3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
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To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
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www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
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𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
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1. Handling Conflict of Interests in
Engagements
While conducting engagements, it is imperative to avoid any kind of conflict of
interest that can hamper our objectivity. A conflict of interest can arise in client
engagements as well as any situations in which we enter into business
relationships. Professional standards require us to take reasonable steps to
identify circumstances that could pose a conflict of interest and apply
appropriate safeguards to eliminate threats to reduce them to an acceptable
level.
There are various types of conflicts of interest. Let us look at each one of
them in detail.
1. Transactional conflicts:- Potential conflicts that arise from client
engagements involving the sale or purchase of a business and our
relationships with the counterparties are termed as transactional conflicts.
For example, if a firm is assisting a buyer in buy-side due diligence and the
target /seller is also a client of the firm, a transactional conflict prevails.
2. Relational conflicts:- Potential conflicts that arise from client
engagements involving counterparties that have a pre-existing relationship
are termed as relational conflicts. For example, in a joint venture between
companies X and Y, Co. X approaches the advisory firm to provide tax
advice related to JV. Later, Co. Y also approaches for similar service
related to JV. Here, JV is the pre-existing relation between the
counterparties.
3. Advocacy conflicts:- Potential conflicts that arise from client
engagements involving legal or other disputes and our relationships with
the counterparties are termed as advocacy conflicts. For example,
preparing valuations of assets for two parties who are in an adversarial
position with respect to the assets.
4. Personal conflicts:- Potential conflicts that arise from personal
relationships and/or financial interests of the firm’s staff or partners with
counterparties to the firm’s business relationship. For example, advising a
client to invest in a business in which, the spouse of a member of the team
has a financial interest.
2. 5. Competitive situations:- Potential conflicts that arise from our
relationships with parties who are in competition with one another. For
example, representing or advising two clients at the same time who are
competing to acquire the same target where our advice might be relevant
to both parties.
The first step in accepting any engagement is to look for potential conflict of
interest among the parties involved. This can be achieved through a search in
internal databases regarding prior engagements done, existing business
relationships, etc. Once a conflict of interest has been identified, appropriate
safeguards are to be taken. Examples of safeguards include:
1. Using separate engagement teams to maintain confidentiality (ring-
fencing).
2. Using separate areas (geographical ring-fencing) in the office that act as a
physical and electronic barrier to the passing of confidential information.
3. Disclosure, acknowledgment, and consent from the parties involved in
engagements.
In today’s globalized environment, we should identify and manage potential
conflicts of interest as quickly and effectively as possible. By taking the above
measures, we can be confident that risk levels will be reduced to the
minimum.
Conflicts of interest must be managed appropriately and HLB HAMT
understands that. We ensure that the issue is addressed at the correct time
and it doesn’t escalate to a serious level. We have the right strategies in place
to manage conflicts, be it transactional, relational or any other form of conflict.
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3. Handling Conflict of Interests in
Engagements
Level 18, City Tower-2,
Sheikh Zayed Road
PO Box 32665
Dubai – United Arab Emirates. Tel: +971 4 327 7775
E-mail: dubai@hlbhamt.com
www.hlbhamt.com