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Home/ All Updates/ CORPORATE LAWYER at affor...
2024-07-01T06:51:36
Advocate Satish S Rao
CORPORATE LAWYER at affordable and reasonable rates in Andheri East   WHO IS A  CORPORATE LAWYER : A corporate attorney, or company lawyer,  works on various legal issues related to corporate business practices . They often handle business, legal and financial functions for their client. For instance, a corporate lawyer might appraise and oversee mergers and acquisitions. WHAT IS THE PURPOSE OF CORPORATE LAWYER? Corporate attorneys conduct research, meet with the involved parties and study precedents. Unlike the case with practising/trial lawyers, the various parties with whom a corporate lawyer works, generally, negotiate towards an agreement rather than put up a competition as adversaries.     WHEN MIGHT AN INDIVIDUAL OR BUSINESS NEED HELP FROM A CORPORATE LAWYER?   A corporate lawyer advises firms on how to comply with rules and laws, but that's only the beginning. In truth, any individual starting a business venture could benefit from a corporate lawyer. Why? Because a corporate lawyer can help you structure and plan your business for success, even if you end up going with a business structure other than a corporation. It's always a good idea to have a lawyer on board to craft your business' managing documents, review contracts, and help you make other strategy decisions.   Of course, it's not always possible for smaller businesses (or even medium-sized businesses) to have a corporate lawyer on retainer, but one should be consulted when forming a business, when closing a business, and when problems arise, at the very least.   Consider meeting with a  Corporate Lawyer if you are starting a business venture or need advice on anything else related to business transactions or planning.     WHAT SKILLS DOES A CORPORATE LAWYER NEED :   Corporate lawyers should have excellent writing, communication, and negotiating skills because these skills are relied upon so heavily in day-to-day corporate law work. Because corporate law is a diverse practice area that touches on many different transnational, regulatory, and business-related matters, it's important for a corporate lawyer to have the desire to learn about many different areas of law, unless they want to specialize in one niche area such as securities law.   Additionally, many corporate lawyers have multiple clients in different industries, which means they must be willing to learn the ins and outs of those unique industries.   Finally, corporate lawyers need the skills and wherewithal to reach out to other lawyers when they reach a specialized topic that they don't have experience with such as, employment, or real estate. WHAT PERSONALITY TYPE IS A CORPORATE LAWYER ?    Trustworthiness, listening skills, emotional awareness, diplomacy, and other human relations capabilities  are the coin of the realm for successful corporate lawyers. (Again, excellent judgment and management skills are taken as a given for these positions.) WHAT IS THE ROLE OF A CORPORATE LAWYER? The role of a corporate lawyer is to advise clients of their rights, responsibilities, and duties under the law. When a corporate lawyer is hired by a corporation, the lawyer represents the corporate entity, not its shareholders or employees. This may be a confusing concept to grasp until you learn that a corporation is actually treated a lot like a person under the law. A corporation is a legal entity that is created under state law, usually for the purpose of conducting business. A corporation is treated as a unique entity or "person" under the law, separate from its owners or shareholders. Corporate law  includes all of the legal issues that surround a corporation, which are many because corporations are subject to complex state and Central regulations. Most states require corporations to hold regular meetings, such as annual shareholder meetings, along with other requirements. Corporate lawyers make sure corporations are in compliance with these rules, while taking on other types of work. WHAT TYPE OF WORK DO CORPORATE LAWYERS DO? Contrary to popular belief, most corporate lawyers rarely step foot in courtrooms. Instead, most of the work they do is considered "transactional" in nature. That means they spend most of their time helping a corporation to  avoid   litigation . More specifically, corporate lawyers may spend their time on: Contracts : Reviewing, drafting, and negotiating legally-binding agreements on behalf of the corporation, which could involve everything from lease agreements to multi-billion dollar acquisitions. Mergers and acquisitions (M&A) : Conducting due diligence, negotiating, drafting, and generally overseeing "deals" that involve a corporation "merging" with another company or "acquiring" (purchasing) another company. Corporate governance : Helping clients create the framework for how a firm is directed and controlled, such as by drafting articles of incorporation, creating bylaws, advising corporate directors and officers on their rights and responsibilities, and other policies used to manage the company. Venture capital : Helping startup or existing corporations find capital to build or expand the business, which can involve either private or public financing. Securities : Advising clients on securities law compliance, which involves the complex regulations aimed at preventing fraud, insider training, and market manipulation, as well as promoting transparency, within publicly-traded companies In many cases, corporate lawyers work in large or mid-size law firms that have corporate law departments. Many corporate lawyers have specialties or areas of corporate law that they focus on such as M&A, venture capital, or securities.   Some corporate lawyers work in-house, and most large corporations have their own in-house legal departments. In-house corporate lawyers generally handle a wide variety of issues.   SPECIALTIES OF CORPORATE LAWYERS: If you intend to incorporate your business or have already incorporated but need more advice, you may need a corporate lawyer. The use of a corporate lawyer will help you ensure that you and the other party are compliant with the contract, especially if you have an international identity.
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2024-10-28T04:25:37
Advocate Satish S Rao
WHAT IS A WILL?A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.WHY DO YOU NEED A WILL?Four reasons why you need a will: A will makes it much easier for your family or friends to sort everything out when you die – without a will the process can be more time consuming and stressful. If you don’t write a will, everything you own will be shared out in a standard way defined by the law – which isn’t always the way you might want.  A will can help reduce the amount of Tax that might be payable on the value of the property and money you leave behind.  Writing a will is especially important if you have children or other family, who depend on you financially, or if you want to leave something to people outside your immediate family.
WHAT IS A WILL? A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executo...
2024-10-28T04:25:37 read more
2024-10-28T04:21:28
Advocate Satish S Rao
IS PROBATE MANDATORY :A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if the immovable property is situated therein. Else, a probate is optional. However, there is no restriction in law to get a probate of a Will, even if it is not mandatory.THE PROCESS TO GET PROBATE OF A WILL :1. As a first step, the administrator or executor appointed by the testator under the Will must approach the court with the application to receive the probate. While it is a common practice to appoint friends and family as the executors of the Will, as people may naturally trust them more, but there have been an increase in professional executorship, where a trained professional may take care of the administrative difficulties of getting a probate. However, in the absence of the executor being named in the Will, the legatees or the beneficiaries under the Will could also seek probate of the Will.2. In the application for a probate, the executors need to establish the following:a. Facts of death of the testator with proof, which is generally done with the help of a death certificate issued by the local authorities. b. The Will produced before the court is the last Will of the testator. c. The submitted Will was validly executed by the testator. 3. Once the application is submitted to the court, the court issues the notice to the next of kin to file their consent for the grant of probate, and the public at large to file objections to the grant of probate in favour of the executor named in the Will. 4. If objections are filed – called as “caveat application” – against the validity of the Will and grant of probate, both parties have to lead evidence for and against the grant of probate, and the case is decided accordingly. 5. There could also arise grounds challenging the validity of Will or grant of probate. The common grounds for challenging a Will are fraud, coercion, undue influence, suspicious nature, lack of due execution, lack of testamentary intention, lack of testamentary capacity, lack of knowledge, and forgery. 6. Since the probate is granted by a high court, one has to pay a court fee, based on the value of the assets, which are subject matter of the petition. The court fee varies from state to state. In the state of Maharashtra, depending on the slabs, it is subject to a maximum of Rs. 75, 000 while in Chennai, the maximum slab is Rs. 25, 000. If it is found that granting the probate would do justice to the intention of the testator, then the probate is granted to the executor under the seal of the competent court. This ensures the due execution of the Will, which to a great extent reduces the discrepancies and suspicions associated with a Will. A probate cannot be granted to any person who is a minor or is of unsound mind, nor to any association of individuals.FEES / COST OF PROBATE OF A WILL?:For probate of will in Maharashtra you have to pay 5 percent of the assets which are claimed in WILL, as court fees for probate of will in Mumbai. Probate fees in Mumbai and rest of Maharashtra is same. However, the said fees are also subject to a ceiling of Rs. 75, 000/-.legal charges will be Rs50, 000 to Rs1. 50 lakhs depending upon the advocate and complications involved in your probate work.WHAT IS THE TIME LIMIT FOR PROBATE OF A WILL?Typically, there is no time limit to probate a will. However, in one case, the SC has stated that 30 years from knowledge of existence will. A probate for a will is required to be obtained only under circumstances ... limits, in so far as they relate to immovable property situate within those limits.
IS PROBATE MANDATORY : A probate is mandatory only if the Will or codicil has been made in any of the three Presidency towns i.e., Kolkata, and the municipal limits of metro cities of Chennai and Mumbai, or, if...
2024-10-28T04:21:28 read more
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