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QuestionJun 6, 2021 - 17:01

How do I keep my elderly mother from being driven by an alcoholic sibling?

My sibling is an alcoholic and this fact has been recognized by the court system. The Judge declared a “No Alcohol” ban in my mother's home. What can I do to keep my mother safe? We cannot make sure that he adheres to the order of the court.

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QuestionJun 6, 2021 - 16:59

License template for open-source software that requires to inform the copyright holder when a derived work is published

I'm looking for something similar to an MIT license but with the added condition to notify the copyright owner and give him/her the power to publish the information. Does anyone remember such a license that can be reused?

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QuestionJun 6, 2021 - 16:59

Update a dead person's situation in Italy - Who can do it?

My great-grandfather was born in Italy and immigrated when he was 16 years old. To receive an Italian passport, I was notified that the process might be more agile if the status of my great-grandfather in the prefecture was updated. Who can do that? Do I have permission to do it?

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QuestionJun 6, 2021 - 16:58

Is a renter of a room in France required by law to provide proof of residence?

In France, each resident is obliged to maintain proof of residence and French landlords frequently don't want to give this document. On the other hand, this forms difficulties for the renter as proof of residence is required to obtain many mandatory services. Is this document mandatory to be provided by the landlord to the renter?

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What people are saying about LegaMart

Shahrzad S

Shahrzad S

Iran

I had to sell a property abroad and needed legal aid. LegaMart took care of all the legal matters. I dealt with a reliable customer care team along with a professional and experienced lawyer. I had a burden removed without even having to move!

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Aria

Aria

United Kingdom

Aria is an international student studying in the U.K. He’s been living in London post-graduation and has received the news of his father’s death. On the flip side, he’s inherited a heavy load of cash! He wants to know if he can bring it over to the U.K. It’s always easy with LegaMart, I just need to ask my question! Soon enough, specialized sanctions attorneys in London answer my question. “There’s always a solution when it comes to LegaMart!””

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Anna

Anna

Canada

Anna is a practicing family lawyer in Toronto. She works with an immigrant who is based in Canada but originally from Afghanistan. Her client is getting divorced and is struggling over a promised dowry (Mahr)back home. Anna is not familiar with the laws in Afghanistan and is about to surrender her case. Luckily, she decides to get help from “LegaMart - global legal community”, after joining LegaMart’s Community page, Anna swiftly networks with Kabul’s top and quickly resolves her legal burdens. “You can never go wrong by trusting LegaMart.”

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Bruce J

Bruce J

Chile

I ran across a trademark infringement issue abroad and had no clue of the steps that needed to be taken. Law firms overseas were extremely costly and lacked proper communication methods. Luckily, I found myself a professional lawyer in the needed jurisdiction all with the help of LegaMart. Less cost and better service, thanks!

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Recent blog posts

Iranian Framework for Foreign Investment Attraction

Iranian Framework for Foreign Investment Attraction

The Iranian government has launched some schemes for foreign investment attraction. According to Iran Business Law Handbook, “projects financed by foreign investors through Buy-Back arrangements, BOT and BOOT scheme or any project financing mechanisms are not subject to restrictions related to permissible foreign shareholdings”. Under what legal framework the contracts mentioned above are implemented? The following are the main routes that a foreign company can follow to establish a long-term presence in Iran. Joint Ventures One possible strategy for the foreign company is to enter into a joint-venture agreement with a public or private Iranian partner. With the current level of technology and infrastructure, many Iranian companies are capable of expanding and developing in partnership with foreign companies. Companies in the Iranian private sector, especially those with technological and management gaps, are actively seeking joint-venture partners to solve their problems. Some other companies are seeking foreign capital to revive their businesses. Should a company decide to adopt this approach to the market?  It is advisable to look for products and services that have domestic demand and regional export potential. Suppose a joint-venture company can earn hard currency by exporting its products; in that case, it will be less dependent on the Iranian banking system for the repatriation of profits and dividends. It should be noted that some joint ventures consist purely of the transfer of technology to Iran by a foreign partner without any capital commitment. Since Iranian authorities are very keen on introducing modern technologies, the method can prove very constructively. Buy-Back  In order to attract foreign investment, Iran uses a buy-back scheme. Following the end of the Iran-Iraq war in 1988, Iran faced a significant problem: it needed foreign investment in order to not wanting to lose its vital income from the oil and gas industry. Yet its revolutionary ideology and constitution forbade granting “concessions”.  In 1989, the First Five-Year Economic, Social, and Cultural Development Plan offered a compromise solution. In accordance with Note 29 of the mentioned plan, the Iranian government is allowed to engage in "buybacks" in order to meet its industrial and mineral needs in connection with exports, production, and investment. Putting it in layman terms, a buy-back transaction is a trading method where plants, machinery, production equipment and technology are supplied (by a domestic or foreign private firm) in exchange for the goods, produced directly or indirectly by means of such facilities, under this scheme. The foreign partner that makes the initial investment can repatriate the return on the investment (at a pre-agreed fixed rate) through goods and services produced by the project.  Despite the fact that many foreign companies believe this is simply a financing tool for Iran, it is more accurate to say that it is a short-term compromise formula for foreign investment. The buy-back scheme will probably be replaced by more appropriate laws and regulations in the medium to long term. In other words, once the constitutional concerns are resolved, foreign partners in buy-back agreements can take over the projects they are involved in, or they can form a joint venture with an Iranian partner. Build-Operate-Transfer (BOT)  This is a relatively new possibility in the Iranian market. Recent regulations have also introduced the Build-Operate-Transfer (BOT) scheme for Iranian projects.  A foreign partner invests in a project, which is then operated by the foreign investor for a period of time before being transferred to the Iranian government. Iranian authorities are showing some flexibility regarding the BOT, which could potentially pave the way for more foreign investment in the market. What can be concluded? The promotion of FDI in today's world is instrumental to the growth of the industries and economies of countries. That’s why governments try to ease restrictions on foreign investment. The possibilities of foreign investment attractions can be categorised into JV, Buy Back and BOT in the Iran market. A deep understanding of the law and extensive experience are essential when drafting investment agreements.  Please note that legal consultation services are offered by LegaMart to private individuals and companies.
Foreign Investment Opportunities in Iran

Foreign Investment Opportunities in Iran

Business Is Picking UpThe government of Iran tends to offer privileges to companies who create job opportunities and transfer technology and are active in exporting their products from Iran. Iran's competitive advantage in this regard is that it can be used as a launching pad for expansion into the other Persian Gulf States and Central Asia.My general advice is to use Iranian expertise and consultants to ensure that your achievements and successes continue. Avoid making decisions and potential partnerships with people/companies who insinuate they have the right connections in the right places. The companies and people you choose to have relationships with should be selected based on their merits and experience and not because they might know. Foreign companies who are sincere and make efforts to transfer good management and technical know-how are usually received with open arms. Generally, in Iran, foreign companies are presented through a branch or maintaining shares in an Iranian registered company about a specific investment.Although a business might be as successful as planned, it is imperative to have a future vision and start planning. Experience shows that foreign companies who did not have a clear idea or were here to make a quick buck have not been very successful.Analysis of Legal Vehicles Available for Entry to Iranian Market Some of the most common types of the presence of foreign companies under the Iranian legal system are as follows: 100% Foreign Legal EntityUnder the current practice, foreign companies can own 100% shares of a company without special formalities in the Free Trade Zones. FTZ companies may only benefit from the incentives (i.e. 15 years tax holiday) of the zones if their activities are focused in that area. Although the mainland has no legal limitations for foreign ownership in an Iranian company, in practice, there is a preference for some Iranian participation in a project.Currently, FTZs are used by some Foreign Investors involved in industrial activities. They use FTZ as a station for assembling or manufacturing the final goods exported into Mainland Iran or other countries of the region. Given the fact that foreign investors will be focusing primarily on mainland projects, I do not believe an FTZ registered company to be an optimal solution for the foreign investor.2.  Iranian Company through a Joint VentureForeign companies looking at direct investment in Iran typically form a joint venture with an Iranian company active in their field of business. The Iranian government consistently promotes this form of entry. This is because a joint venture ensures a long-term commitment on the part of the foreign company, creates jobs, and provides participation by Iranian persons.Currently, there are no "joint venture" laws in existence in Iran. Instead, the foreign and Iranian companies refer to the commercial code and jointly form a corporate structure. Typically, this structure is in the form of a private joint-stock company that requires a minimum of three shareholders. However, under the Iranian commercial code, other forms of corporate structures such as limited liability companies, limited partnerships and general partnerships are also permitted. The Iranian commercial code concisely delineates the rights and duties of the shareholders under each structure. Moreover, shareholders also regulate their relationship through a shareholder agreement executed among the parties.In the case of a foreign party being a minority shareholder, adequate legal safeguards must be designed through a shareholders agreement and articles of association to safeguard the rights and interests of the foreign party.My experience has also shown that the foreign investment board will not support an Iranian company that is not formed for a specific project. This means that such a structure may be inappropriate if the main task is to establish a presence in Iran for future projects. Moreover, it is doubtful that the company registration office will register an Iranian company with a significant foreign shareholding without FIPPA approval and license.Aside from the above, a corporate entity registered in Iran will be deemed 100% independent and not related to the shareholders, including the foreign shareholder. There will be requirements for having regular board and shareholder meetings as well. This will be further compounded by THE CLIENT's need to manage its relationship with other shareholders in the entity. Finally, foreign investors will be represented through an entity with existing shareholders for all future projects in such a structure. This may limit THE CLIENT's ability to independently pursue projects and decide on the Iranian participation on a case by case basis.3.  Branch Office Under Iranian law, any foreign company recognized in its country of origin may apply for registration of a branch in Iran subject to their country, allowing for registration of Iranian companies. A foreign company may register a department or representative office for the following activities:1. After-sale services for goods and services provided by the foreign company;2. Executive works for contracts signed between Iranian and foreign companies;3. Review and preparation of grounds for investment by the foreign company in Iran;4. Cooperation with technical and engineering companies in Iran for the performance of projects in a third country;5. Promotion of Iranian non-oil exports;6. Technical and engineering services and transfer of technology and technical know-how to Iran; and7. Activities legally licensed by Iranian government authorities authorized to grant such licenses in transportation, insurance, goods inspection, banking, marketing, etc.Typically, the following companies have registered branches in Iran:Foreign oil companies have written branches to manage their service contracts with the National Iranian Oil Company (buyback and exploration agreements). Those contracts also require the registration of a unit to execute the relevant project and to provide accounting and books of expenditures in Iran for NIOC's review;Foreign companies are making sales to Iran of various products. These branches act as both marketing vehicles as well as after-sale service coordinators where required;Foreign banks with offices in Iran to promote relations and manage contracts between the parent and the Iranian banking system and clients;Foreign companies wished to establish a presence in Iran and use the branch to learn more about the market, marketing, relationship building, etc.Business team meeting present. Professional investor working with new startup project. Digital tablet laptop computer design smart phone in office.In light of the current strategy of foreign investors to establish a presence for future projects in Iran, the registration of a branch and representative office seems to be the most appropriate vehicle for entry into the Iranian market. Since foreign investors have formulated a long-term strategy for their access to Iran, this method can be utilized for the following purposes and advantages:Most direct and transparent route to Iran under current realities for foreign companies Can legally have a direct presence, market and operate under foreign companies nameEliminates many legal hassles, including the ability to sign contracts as foreign companies, hire staff, lease office spaceThe branch may open bank accounts in local and foreign currency.Will be an extension of the parent company subject to all its requirements – no control of subsidiary management will exist.Will not have to worry about finding and controlling an agent/representative without knowing the market or the representative.Avoids conflicts of interest and management style with a local agent or representative or other shareholdersProvides foreign companies with a solid platform to reposition themselves in the market, identify contacts, identify potential future partners, monitor developments, etc.From a tax point of view, the branch should have no tax liability if only a cost centre. Otherwise, the unit will be taxed on a profit and loss basis by the officials, with profit being taxed at the rate of 25%. I recommend that this be discussed in more detail with your tax advisors.Registration of a branch should be a straightforward procedure requiring documents of the parent company to be legalized and translated for registration purposes.The branch would provide a platform for foreign companies to pursue specific projects. Once a project is identified – depending on the project's requirements – foreign investors could either participate through the branch or incorporate a company with relevant Iranian shareholders for the operation of that project.4 .     Representative/Liaison Office One method used by some foreign companies, especially those involved in trading goods and services in Iran, is a representative or liaison office in Iran. Typically, an Iranian firm or person engaged in a similar business is used as a conduit for presence and activity in the Iranian market. The representative or liaison office usually acts on behalf of numerous companies.Depending on the type of activity of a foreign firm, this can be both an appropriate or inappropriate vehicle for entry and access to the Iranian market. In the case of companies involved in trading, this method is advantageous in that the foreign company can rely on the expertise and contacts of the representative to sell its products in the market. To such foreign companies, it is of no concern that the representative is active in various fields as long as their products are being sold and marketed effectively within the market. Such representatives usually work for a commission and, as such, have a direct incentive in both marketing and selling the product.However, in the case of foreign investors, this may not be an appropriate entry vehicle to the Iranian market for many reasons:Foreign investors would have to conduct an extensive search and due diligence to find a suitable person or company for such purposes. This is very important since all the activities, reputation, and actions of such a person will directly impact the client's standing and reputation in Iran.Such a company or individual will have financial interests in foreign investors' continual support, and as such, a direct conflict of interest will arise in providing impartial advice.Foreign investors may be among a list of companies that such an individual or company would work for. This may result in inadequate attention to the interests of foreign investors.The person may not have the appropriate infrastructure to provide the needed services in pursuing foreign investors interests in Iran.What can be concluded?Given the preceding discussions, combined with foreign investors' strategic decision to establish a permanent presence in Iran, I believe the option of a branch as a starting point could best serve foreign investors' purposes. The main advantage is that absent a specific project, foreign investors should avail themselves of all options and potential partners by having a direct presence by itself without the need for managing other relationships until a project is identified.
Setting up a company in Iran

Setting up a company in Iran

Are you seeking to establish a company or corporation in Iran? There are different types of companies following the amending bill to the Commercial Code. Before the formation and registration of a company, one should keep in mind that the style of the company is determined based on the liability and the capitals. Different structures of companies in Iran can be categorised as follows:Private Joint Stock Company,Public Joint Stock Company,Limited Liability Company,General Partnership Company,Limited Partnership Company,Joint-Stock Partnership Company,Proportional Liability Partnership Company,Co-Operative CompanyMNCs are willing to establish a business in Iran through different types of companies or enter an existing Iranian company as a shareholder need to prepare, finalise, and register various minutes of general/extraordinary meetings of the company to benefit from our high-quality corporate services this regard.It is worth noting that  Joint Stock Company and Limited Liability Company (LLC) are the most common types of corporations in Iran. Our legal service providers can give you detailed information about all issues related to corporate law, from its formation to insolvency. Here in LegaMart, we provide an A-Z guide related to company formation in accordance with the relevant laws. Our trusted attorneys are fully aware of the current trends, latest updates and changes of the acts and regulatory developments related to corporate law, like the Iran companies of corporate law framework, amendments of the Commercial Code.Some of the critical services in this area are as follows:Corporate advisory and Regulatory ComplianceAdvice on corporate governance aspects of transactionsLiquidationCompany formation and registrationBrief on the risks and obligations of your specific corporate’s entity based on the type of the corporateMerger and Acquisition (M&A) transactionsDraft an Articles of Association (AOA) or Articles of Incorporation Advice on restriction in transferring and selling of the shares, identification of the obligations of Board of Directors (BOD)What is more, we can mention the Due service. Style company’ due diligence is one of the best ways MNCs can ensure where they will invest; unfortunately, DD culture is quite strange and uncommon in Iranian business culture, but we are proud to say that we have been preparing many DD reports to many MNCs and intelligence companies.Confidentiality in dealing with clients is deeply inculcated inLegaMart. Feel free to contact us for more information on our legal services and legal representation in the field of corporate law.
Child Arrangement Orders | Is the pandemic a reasonable excuse?

Child Arrangement Orders | Is the pandemic a reasonable excuse?

A Child Arrangement Order is a legally enforceable agreement usually between parents and a child, or guardian(s) and a child, to facilitate a relationship between parties. The Court can decide who the child should live with, when and how the child should contact a parent or guardian, and other matters relating to its welfare.The need for an arrangement order usually arises in situations such as breakdown of relationships, if parents cannot amicably decide how childcare should be divided between them, or if both or one parent has demised. A guardian or relative such as a grandparent seeks an order to provide childcare. This area of law deals explicitly with parental rights and responsibilities and is referred to as 'private children law'. This article explained what an arrangement order is, who can apply it, and considerations for breach amid Pandemic.Who can apply for a Child Arrangement Order?Parents have a right to apply for the order as they hold parental rights and responsibilities towards the child. The mother automatically has parental rights and obligations from birth. Still, the father will only have parental rights and responsibilities if he is married to the mother or listed on the birth certificate. However, other people can also apply:guardian or special guardiansgrandparentsstep-parents.It should be noted that eligibility to apply is not restricted to the above only, and others can also apply for the order by seeking Court's permission.What approach does the Court take?The Court must always place the child's welfare first, before the interests of the parents or guardians. At the outset, s.1 of the Children Act 1998 says that the Court must regard the child's welfare when it deals with anything related to its' upbringing or when administrating the child's property or any income that comes from it. There is a welfare checklist provided within the Act, which includes an array of factors that the Court should consider:The ascertainable wishes and feelings of the child concernedThe child's physical, emotional and educational needThe likely effect on him of any change in his circumstancesThe child's age, sex, background and any characteristics of his which the Court considers relevantAny harm which the child has suffered or is at risk of suffering,How capable each of his parents, and any other person concerning whom the Court considers the question to be relevant, is of meeting his needsThe range of powers available to the Court.How does the application process work?MediationParties are encouraged to settle matters via mediation, as litigation is seen as a last resort. All parties will be required to attend a Mediation Information and Assessment meeting to narrow issues and try and reach a resolution. If it appears that mediation cannot assist, then the mediator will make it very clear, and parties can apply to Court.'First Hearing'Once an application is issued, the Court will list the matter for a preliminary hearing usually attended by the parties, the child and Family Court Advisory and Support Service Officer (CAFCASS). CAFCASS are an independent body that represents children in family proceedings to advocate their needs, interests and feelings. This hearing aims to resolve issues following the child's best interests. Some problems might remain unresolved, and the Court will give directions, so parties can exchange further information or documents for matters to progress more effectively.What are the different types of Child Arrangement Orders?There are four main types of orders which courts can hand down:An order which decides who the child will live with (residence order)An order where the Court decides who the child is to have contact with (contact order)An order specific to a particular issue, such as which school the child should attend (specific issue order).An order to stop a parent from carrying out a specific step, i.e. stop one of the parents from taking the child abroad if agreement not sought between both parents (Prohibited Steps Order).Can I be sanctioned for breaching the terms of the order during this Pandemic?Quick answer, failure to adhere to the terms of the order will constitute a breach. However, this doesn't mean that the guilty party will be subject to sanctions by default.Coronavirus has caused a state of deadlock. Restrictions, lockdown, self-isolation and social distancing have led to parties being unable to comply with the terms of the order. There's been a growing concern in the media about some parents using Coronavirus as a flout to cut off access to children.Firstly, if the breach is innocent, both parties should try and reason with one another to avoid litigation. However, should that fail, then the innocent party generally has a right to apply to the Court to enforce the terms of the order and ask for the guilty party to be sanctioned. The Court itself will consider mediation and whether it is viable and a capable resource for resolution between parties as an initial checkpoint. During the Pandemic, the family courts were only hearing urgent cases, which concerned the local authorities. Still, with things going back to normal as early as the beginning of July, things will open up more for private matters, and parties can expect to be heard by Court about issues involving arrangement orders.  The Court will need to be satisfied beyond reasonable doubt that there has been non-compliance; however, it does have the option to consider whether there is a valid excuse for the breach. In such instances, it cannot levy sanctions. In order to assess whether the reason for failure to comply is a reasonable excuse, a two-stage test will be engaged to determine whether the party has acted reasonably, together with the reasons for non-compliance.This means that Coronavirus does not warrant a party to cease compliance, and parents should make best efforts to try and uphold the agreement. This may include changing the day, or the meeting location, where it is deemed safe for the child and all individuals involved.The courts will be concerned with whether each parent acted reasonably and sensibly amid the Pandemic. The Lord Chief Justice guidelines already provide that non-resident parents may have the chance to make up lost time and enforced that face time would not stand as a substitute for face to face meetings. Family Courts will now face the task of deciding whether the parents had acted sensibly or not, and it is expected that there will be an influx of grievances by parents who have all come out in great numbers, to say that they were wrongly denied access, with the Pandemic being used as an excuse.

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