LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNA...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – WHAT YOU MUST KNOW
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNA...Dr. Oliver Massmann
LAWYER IN VIETNAM DR.OLIVER MASSMAN - DOING BUSINESS IN VIETNAMTHE EU-VIETNAM FREE TRADE AGREEMENT AND INVESTMENT PROTECTION AGREEMENT – WHAT YOU MUST KNOW
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express Inter...Dr. Oliver Massmann
Lawyer in Vietnam Dr. Oliver Massmann in interview with Vietnam Express International - What investment fields in Vietnam are offering the biggest investment opportunities to foreign investors and how can foreign investors achieve maximum of legal certainty for their investments?
Vietnam - Mining and Mineral Resources - Market Access and Legal Certainty fo...Dr. Oliver Massmann
Vietnam - Mining and Mineral Resources - Market Access and Legal Certainty for Foreign Investment Projects under the Foreign Direct Investment Chapter of the CPTPP and the EUVNFTA: what you must know
Foreign Investment is an important activity in order to improve economic growth and
prosperity of society. It needs to be supported with legal instruments that can guarantee
and protect the investments. The formation of legal instruments is strongly affected by the
economic and political interests of the country, therefore sometimes it goes against the
principle of legal certainty. By using normative jurisdictional research methods in this
study, the Author will discuss about the principles and concepts used by the government
to establish a policy on foreign investment.
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due ...Dr. Oliver Massmann
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to encourage the development of rooftop solar power systems for self-consumption purpose
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence ...Dr. Oliver Massmann
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Lawyer in Vietnam Oliver Massmann Trans Pacific Partnership Agreement KEY HIGHLIGHTS OF INVESTMENT CHAPTER
1. Lawyer in Vietnam Oliver Massmann Trans Pacific Partnership Agreement
KEY HIGHLIGHTS OF INVESTMENT CHAPTER
The Trans-Pacific Partnership (TPP) has been characterized as “state-of-the-art” and
expected to enhance the investment benefits for the investors of the contracting parties by
eliminating the investment barriers. Given the high expectation to the advantages of TPP in
comparison to other international treaties, Vietnam was said to be poised as TPP’s biggest
winner when officially signing the TPP on 4 February 2016.
Among the others, the foreign investors draw the most attention to TPP Investment Chapter
as it directly affects and influents the investment environment in Vietnam to them. Setting
aside the actual benefits and advantages that the TPP Investment Chapter will bring to the
foreign investors as it will be subject to the approval of the National Assembly to be
officially effective and enforceable in Vietnam, it is worth to highlight briefly the provisions
of TPP Investment Chapter. Below are the notable treatments provided in the TPP Investment
Chapter.
The TPP Investment Chapter
It can be seen in the TPP Investment Chapter that it provides similar investment protection
measures with most bilateral and multilateral international investment agreements, although
the scope is narrower at some points.
• National treatment: the host state must not discriminate against the foreign investors
in favor of domestic competitors in like circumstances. The protection is limited to
the establishment, acquisition, expansion, management, conduct, operation, and sale
or other disposition of investments in its territory.
• Most-Favored Nation (MFN): the host state must not treat foreign investors any less
favourably than it treats competitors from another contracting state or any third-party
state. As similar with national treatment, the protection is limited to certain
circumstances.
• Fair and equitable treatment (FET): the host state must maintain fair and equitable
treatment and full protection and security of investment environment.
• Prohibition of expropriation: it is well established in the TPP Investment Chapter that
expropriation or nationalization shall not be allowed, except for a public purpose; in a
non-discriminatory manner; on payment of prompt; and in accordance with due
process of law.
• Free transfer of funds related to an investment: in principle, the transfer of funds
related to capital contribution, profits from capital contribution, payment under a
contract, payments arising out of a dispute, shall be allowed to make freely and
without delay into and out of the territory of the host state.
• Prohibition on “performance requirements”: certain performances are prohibited
during the establishment, acquisition, expansion, management, conduct, operation, or
sale or other disposition of an investment of an investor, such as local content or
technology localization requirements.
Investor-State Dispute Settlement
The TPP Investment Chapter includes detailed Investor-State Dispute Settlement (ISDS)
provisions. Under the ISDS provisions, the investors who are nationals of other contracting
2. states shall have the right to bring claims against the host state through international
arbitration, in case of investment dispute. The ISDS is said as the strong safeguards to the
foreign investors because:
• The tribunal has the right to award “attorney’s fees” to the prevailing party in the
case;
• The tribunal shall “conduct hearings open to the public” and to “make public all
notices of arbitration, pleadings, submissions and awards”, as a sign of transparency
procedure;
• There is room to allow the intervention of third parties (such as non-government
organizations);
• The award shall only be limited to monetary damages and restitution of property in
principle;
• The award can be reviewed either by domestic courts or international review panels”;
• The arbitral tribunal is allowed to consolidate different arbitration proceedings that
involve claims arising under “the same events or circumstances”, with the purpose of
avoiding the risks of parallel proceedings.
In a study of Peterson Institute in 2012, it was estimated that Vietnam’s income gains in 2025
with a comprehensive TPP would be over 13 percent higher, while its exports in 2025 would
be over 37 percent greater, due to the advantages of TPP. Although the TPP may not become
enforceable in Vietnam until 2018, but with the benefits from the TPP Investment Chapter,
the expectations of a transparent and favorable investment environment will soon become
true.
***
Please contact Oliver Massmann under omassmann@duanemorris.com in case you have
questions on the above. Oliver Massmann is General Director of Duane Morris Vietnam
LLC.