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Author: Lutz-Christian Wolff Publisher: Kluwer Law International ISBN: 9789041186683 Category : Commercial law Languages : en Pages : 0
Book Description
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What's in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China's Belt and Road initiative, Brexit and the 'America First' foreign policy. How this will help you: Of special value is the author's precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.
Author: Lutz-Christian Wolff Publisher: Kluwer Law International ISBN: 9789041186683 Category : Commercial law Languages : en Pages : 0
Book Description
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What's in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China's Belt and Road initiative, Brexit and the 'America First' foreign policy. How this will help you: Of special value is the author's precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.
Author: Publisher: ISBN: 9788184736540 Category : Languages : en Pages : 927
Book Description
The author examines the different conditions for tax treatment of services in India. He closely analyses statutory provisions, case law and tax treaty provisions. Further, the book offers synopses of relevant court decisions. Part I deals with the provisions of the domestic law as regards taxation of fees for technical services. Part II deals with taxation of services in terms of the provisions of the tax treaties signed by India. Part III deals with the provisions of the proposed Direct Taxes Code Bill 2010 as regards taxation of services and Branch Profits Tax.
Author: Andreas Waltrich Publisher: Kluwer Law International B.V. ISBN: 9041168389 Category : Law Languages : en Pages : 362
Book Description
The permanent establishment (PE) is a legal form of cross-border direct investment whereby a business presence is maintained as an integral part of the foreign investor. Due to the growing intensity and complexity of international business relations, the PE defi¬nition and the allocation of profi¬ts between head units and PEs have become highly contentious, especially from the perspectives of the major emerging economies of the BRIC countries (Brazil, Russia, India, and China). Unsurprisingly, the potential for tax avoidance and the scrutiny of tax authorities have increased enormously. Against this background, this work illustrates and compares the OECD Model Tax Convention with country-specifi¬c source taxation rules, focusing on possible tax system changes and offering reform proposals. Emphasizing the taxable implications of the various rules upon country-speci¬fic PE concepts, the author’s treatment covers such issues and topics as the following: – the PE de¬finition of the OECD MC and from the perspective of selected countries; – allocation of business pro¬fits under the Authorised OECD Approach (AOA); – avoidance of PE status; – implementation of a service PE proposal; – construction site PEs established by subcontractors; – existence of an agency PE; and – the OECD project on Base Erosion and Profi¬t Shifting (BEPS). The author uses simulated cross-border national and treaty cases to highlight qualifi¬cation conflicts, thus reinforcing his detailed discussion of source taxation rules of business profi¬ts and relevant case law in Germany, the United States, and the BRIC states. There is also a checklist detailing how companies can avoid unintentionally setting up a PE. The author’s deeply informed proposals provide much-needed guiding tax criteria and open the way to greater feasibility and transparency in PE taxation. Because the defi¬nition of PEs has enlarged and the treatment of profi¬t allocation has become more complex, the clari¬fication of the PE concept presented in this book is of inestimable importance for lawyers, of¬ficials, policymakers, and academics concerned with international business taxation in any jurisdiction.
Author: Ali Noorani Publisher: Rowman & Littlefield ISBN: 1538143518 Category : Political Science Languages : en Pages : 237
Book Description
Advance praise from public figures José Andrés, Al Franken, Jonathan Blitzer of The New Yorker, and Russell Moore of Christianity Today. Find the moving stories of American immigrants and their journeys in Ali Noorani’s chronicle. In an era when immigration on a global scale defines the fears and aspirations of Americans, Crossing Borders presents the complexities of migration through the stories of families fleeing violence and poverty, the government and nongovernmental organizations helping or hindering their progress, and the American communities receiving them. Ali Noorani, who has spent years building bridges between immigrants and their often conservative communities, takes readers on a journey to Honduras, Ciudad Juarez in Mexico, and Texas, meeting migrants and the organizations and people that help them on both sides of the border. He reports from the inside on why families make the heart-wrenching decision to leave home. Going beyond the polemical, partisan debate, Noorani offers sensitive insights and real solutions. Crossing Borders will appeal to a broad audience of concerned citizens across the political spectrum, faith communities, policymakers, and immigrants themselves.
Author: Angharad Miller Publisher: ISBN: 9789087223496 Category : Double taxation Languages : en Pages : 364
Book Description
The tradability of services cross border has increased vastly since the provisions in the OECD and UN Model Tax Conventions were first developed. This book examines the factors used in these Models to connect an enterprise with the tax jurisdiction of a state for the purposes of allocating the tax base arising from cross-border enterprise services. It questions whether these factors produce an allocation of taxing rights which is acceptable to both multinational enterprises and tax authorities, in terms of satisfying any debt of economic allegiance and limiting base erosion. The connecting factors used, such as permanent establishment and location of the customer, are examined from theoretical and empirical standpoints: if they are considered acceptable, they should be found to be in widespread use, both in the domestic laws of states and in the network of bilateral double tax treaties.
Author: Anne Golden Publisher: Multilingual Matters ISBN: 178892858X Category : Language Arts & Disciplines Languages : en Pages : 272
Book Description
This book provides critical perspectives on issues relating to writing norms and assessment, as well as writing proficiency development, and suggests that scholars need to both carefully examine testing regimes and develop research-informed perspectives on tests and testing practices. In this way schools, institutions of adult education and universities can better prepare learners with differing cultural experiences to meet the challenges. The book brings together empirical studies from diverse geographical contexts to address the crossing of literacy borders, with a focus on academic genres and practices. Most of the studies examine writing in countries where the norms and expectations are different, but some focus on writing in a new discourse community set in a new discipline. The chapters shed light on commonalities and differences between these two situations with respect to the expectations and evaluations facing the writers. They also consider the extent to which the norms that the writers bring with them from their educational backgrounds and own cultures are compromised in order to succeed in the new educational settings.
Author: Roger Waldinger Publisher: Harvard University Press ISBN: 0674967240 Category : Social Science Languages : en Pages : 240
Book Description
International migration presents the human face of globalization, with consequences that make headlines throughout the world. The Cross-Border Connection addresses a paradox at the core of this phenomenon: emigrants departing one society become immigrants in another, tying those two societies together in a variety of ways. In nontechnical language, Roger Waldinger explains how interconnections between place of origin and destination are built and maintained and why they eventually fall apart. “When are immigrants ‘us’? When are they ‘them’? Waldinger implores readers to reframe the debate from a before-after dichotomy to a new transnational approach, revealing migrants to be here, there, and in-between at all stages of their migration tenure...The book’s real strength is in the elegance of the author’s argument, supported by evidence that transnationalism itself is not static but an ongoing dialectic.” —R. A. Harper, Choice “The Cross-Border Connection is to be commended for putting substance into the black box of transnationalism, offering scholars a dynamic model to account for the ebb and flow of transnationalism in the real world and yielding testable propositions about the circumstances under which cross-border connections can be expected to expand or contract.” —Douglas S. Massey, American Journal of Sociology
Author: Lutz-Christian Wolff
Author: Lutz-Christian Wolff
Author: 
Author: Andreas Waltrich
Author: Bank for International Settlements
Author: Juan A. Marchetti
Author: Ali Noorani
Author: Radhakishan Rawal
Author: Angharad Miller
Author: Anne Golden
Author: Roger Waldinger