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Prescription Drug Charges On Substance That Has Legal Uses

There are enormous sorts of addictive substances that are available. Some people get in trouble with the law thanks to their illegal involvement in the illicit trade of controlled substances. Some cases get severe that an individual would need the assistance of a drug defense attorney. Despite having many sorts of addictive substances, the foremost common types are categorized under six categories. Prescription drug charges may be charged against an individual even if the substance has legal use.

Many substances are addictive which may end in dependency. Substance abuse can alter the physical and psychological state of an individual which may be dangerous. Another factor is that the person under the influence of a drug could lead him or harm people. Charges are filed against people that possess, manufacture, sell or distribute drugs. Anyone caught within the situation, regardless of how light the case is, will need the help of a drug defense attorney to assist the defendant in navigating the legal intricacies of the case.

Addictive Substances That Have Legal Uses When Used Moderately

Opiates

Opiates are an example of a substance that can are a part of the prescribed drugs which are used for the treatment of chronic or acute pain. Opiates are effective for patients when taken as prescribed. However, it poses a serious risk for addiction when abused. An opiate addict might visit multiple doctors to be ready to get more prescriptions for the drug. This activity is named doctor shopping. If the opiates aren't obtained from the multiple doctor visits, some opiate addicts would address using heroin because it may be cheaper and easier to use the drug.

Sleeping Pills

Sleeping pills are a part of prescription medications under sedative-hypnotics. Most people assume that they are not going to develop an addiction to sleeping pills. However, becoming hooked on this drug is simpler than most people might imagine. An individual who develops a dependency on sleeping pills starts when a person starts to extend their prescribed dosage without their doctor’s knowledge. Over time, the person will take larger amounts of the pills to nod off which results in addiction.

Alcohol

Alcohol is legal but still considered a drug. It slows down the body’s functionality when excessively consumed. Alcohol is found in many forms like liquor, wine, and beer. Physical effects of heavy alcohol consumption include loss of coordination, slowed reaction, and slurred speech. Psychological effects brought by drinking an excessive amount of alcohol include lowering the person’s capability to think rationally and inhibiting the person’s judgment. Drinking alcohol carefully isn't a drag. Nonetheless, drinking an excessive amount of alcohol can build dependency resulting in alcohol use disorder.

Benzodiazepines

Benzodiazepines are additionally referred to as benzos. It includes pharmaceutical drugs which are utilized for the treatment of varied mental disorders. Several mental disorders that this sort of drug treats are anxiety and panic attacks. When consumed or taken for an extended period, people will build a tolerance to benzos. This results in the person’s dependency on the drug. Some people would combine benzos and alcohol which can strengthen the consequences of the drug which will cause an overdose.

Stimulants

Prescription stimulants include methylphenidates and amphetamines. Stimulants can help treat mental disorders like ADHD or attention deficit hyperactivity disorder. Stimulants activate the central systema nervosum which incite feelings of pleasure. People that use stimulants experience a rush of intense pleasure thanks to the surge brought by dopamine. Tolerance might build up over time thanks to frequent stimulant use which results in addiction.

Illicit Drugs

Illicit drugs are the foremost dangerous of all the six categories. It's the most addictive and falls under the illegal standards of the law. Illicit drugs include meth and heroin. The character of drugs under illicit drugs are hugely different from one another. Marijuana also falls under this category although it's employed by some cancer patients to avoid nausea or curb the pain of the medication. Some of marijuana’s short-term effects include slowing down the person’s central systema nervosum. This will interfere with a person’s concentration and response time. Meanwhile, cocaine puts the brain into working at hyper-speed levels increasing alertness and anxiety. When physical or psychological dependence takes place, addiction to illicit drugs can take over a person’s life.

Every substance that's abused beyond what's prescribed opens the doors for abuse and addiction. Dependency can lead people to commit illegal acts which can land them in predicament against the law. People undergoing legal problems can work with a drug defense attorney to assist them in getting a far better chance in court.
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UAE has entered into bilateral treaties for judicial cooperation with United Kingdom, France, India, Pakistan, Iran, Australia, China, Egypt, Kazakhstan etc. Article 7 of the said Extradition law puts forward the ground upon which an extradition request is accepted in the UAE, and it includes: The surrender of requested persons is conditional upon: 1. The crime for which the surrender is requested must be penalized by the Law of the requesting State to imprisonment of at least one year or any other greater penalty. 2. The act for which the surrender is requested must constitute; in the territories of the State, a crime penalized by imprisonment of at least one year or any other greater penalty. 3. If the request for surrender is related to the service of a sentence of imprisonment rendered in any of the crimes for which the surrender is requested, the remaining period of the sentence to be served must not be less than six months in order for the surrender to be performed. 4. Shall have no effect on the determination whether the act for which the surrender of a person is requested constitutes a penalized crime in the Laws of the two States, that the crime be mentioned under a different name or description or should their elements differ from each other. The extradition process in the UAE allows for a challenge to be put forward for extradition by making the request through the following entities as per the order of authority and procedure: The local law enforcement authorities, Public prosecution office, the court of appeals, the Cassation Courts, the Ministry of Justice. Pursuant to the extradition treaty between the United Kingdom and the UAE: Article 4(1) of the said extradition treaty states the grounds upon which an extradition request can be refused, and this includes: Article 4: Grounds for refusal of extraditionExtradition shall not be granted under this Treaty in any of the following cases: a. If the Requested Party has substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin, political opinions, sex or status. b. If the person sought has been tried and convicted or acquitted by a final judgement in either State or in a third state of the offence for which extradition is requested. c. When the prosecution of the person sought would be barred by lapse of time under the domestic law of the Requested Party. (d) If the offence for which extradition has been requested is a military offence and not also an offence under ordinary domestic criminal law. d. Where extradition would breach the person’s human rights in accordance with the domestic law of the Requested Party. e. If the person has been convicted in absentia, unless an assurance is provided that the person will be entitled to a retrial or appeal amounting to retrial under the domestic law of the Requesting Party. f. Where extradition is barred for any other reason under the domestic law of the Requested Party. According to uae Law if there is contradiction between the signed treaty and the uae extradition laws then the treaty should be the one to supersedes the local laws.
DUE DILIGENCE: Importance In Acquisition
We can list numerous corporations who rushed into professional marriages without performing legal due diligence or reviewing the corporate structure and relevant documents of the company. An acquisition transaction is one of the most appropriate decisions taken by a company which frames the future of any organization. Thus, careful due diligence into the financial reports of the target company holds utmost importance. Legal due diligence of a corporate entity is often a lengthy and a cumbersome task, which can significantly impact the timeline of the project. In any merger or acquisition, parties are usually concerned about the time frame and desire to finish the transaction at the earliest. The Corporate Lawyers of UAE will highlight certain important aspects of due diligence in any merger or acquisition transaction under UAE laws. Epitome of Due-Diligence In any Merger or Acquisition transaction, it is advised to evaluate the strengths and weaknesses of the project as well as the target company and its sister companies prior to finalising the deal. The objective of the concerned exercise to obtain all relevant and up-to-date information of the target entity and to understand the significant shortcomings of the company which were earlier not apparent. It can further assist in understanding the financial or legal consequences that might hinder the future growth of the company or can impact the return on investment. Legal due diligence mostly conducted by Corporate Lawyers of Dubai will comprise of financial and legal review of the targeted company. Wherein, the financial analysis is usually performed by financial experts, and qualified Corporate Lawyers undertake the legal review. In any legal due diligence, lawyers tend to review structure of the company, corporate documents, trade licenses, management structure, power of attorneys, corporate agreements, financial liabilities, employment contracts, outstanding debts, internal policies, insurance agreements or policies, movable and immovable assets, mortgages, loans, corporate and commercial litigation and list goes on. As mentioned above, the ultimate objective of this exercise to prevent the acquiring company from any future casualties post taking over the target company. The scope of due diligence exercise vary in each transaction, and it will rarely be general and covers all aspects of the company related to the sale. It is less likely that the due diligence review will be limited in scope as it involves review of all significant issues pertaining to the company which might impact the merger or acquisition transaction. It further depends upon the organization structure and the business of the target company that can either be retail, construction, telecommunication or any other activity. In each of the companies, the lawyers have to review the business structure, assets in order to determine the shortcomings of the company and how to improvise such deficiencies. There is a direct nexus between the size of the company and the extent of due diligence review as for a small acquisition transaction does not require extensive due diligence review. However, in a significant acquisition transaction, a thorough investigation of documents is required for in-depth knowledge of target-company. For instance, in an acquisition transaction between companies providing professional services, the due diligence review will entail reviewing the competence of employees and their contract, determining the licenses obtained by the company, goodwill in the market, intellectual property registration, contracts entered by the company. Whereas, if the target company is sale oriented then it is likely to review the goods purchased and sold, outstanding debt in the market, movable and immovable assets of the company, machinery, factories, additional permits and licenses. The Procedure The target company in an acquisition transaction is obliged to provide every relevant document of the company which can affect the acquisition transaction or which is necessary for acquiring the company to review before finalising the deal. The seller will create a data room either online or physical through which they can offer all the relevant documents to the company or their legal representatives. It is essential for the target company to provide all documents otherwise the process and timeline will unduly increase delaying the transaction unnecessarily. Timeline for Review The schedule for finishing any due-diligence review is directly correlated to the size of the transaction and the number of documents made accessible for the survey. The seller will either required to provide copies of all documentation or create an information room and give adequate access to it to the legal advisors, bookkeepers and different experts surveying the literature for the buyer. The seller ought to likewise provide answers to inquiries raised by the buyer's consultants amid the survey that emerges out of the documents submitted. In such circumstances, the process can be completed within a standard time frame. The course of events will undoubtedly be expanded where a seller isn't adequately helpful and is hesitant to give materials, and data asked for or neglects to do as such quickly. For giant acquisition transaction, parties split up the review into several stages where each stage entails an analysis of specific documentation. Accordingly, the parties can fix a timeline for each step and all the stages can be either co-dependent on each other and can be separated at the same time. Advantages Legal due diligence offers an opportunity to the party to determine the assets, liabilities, market standing, internal structure, management of the target company before finalizing the deal in order to understand the future legal and financial repercussions. It is most beneficial for the purchasing company to determine the current status of the target company and the amount of further investment required in the company. On the basis of the due diligence report, the buyer will be able to analyze the transaction completely and will be able to understand the advantages and disadvantages of acquiring the company. It also opens an opportunity for the buyer to check whether the price offered for the acquisition is up to the standards of the company or will there be a room for negotiations. It further allows the seller to provide an opportunity for the buyer to remedy if there is any deficiency prior to the transaction. It is always prudent to conduct the due diligence review before the transaction to have complete information prior to signing the deal. Concluding Remarks Legal Due diligence in an acquisition transaction is a pivotal step which evaluates the risks involved in the transaction by reviewing the relevant corporate documents of the target company. The exercise will aim to inform the buyer about the true features of the company targeted which subsequently guarantees that necessary precautions are taken while arranging and finalizing the acquisition transaction. As of late, there has been a pattern increasingly more towards gatherings acquiring guarantee insurance to alleviate the dangers related to M&A transactions. Subject to specific prohibitions, this protection will safeguard the parties against costs related to defaults in the due diligence procedure by either party failing to provide relevant documentation. Nevertheless, due diligence review is of the most important part of an acquisition transaction, if carefully undertaken by best Corporate Lawyers in UAE. https://www.professionallawyer.me/legal-articles/banking-law/due-diligence-importance-in-acquisition
Looking for a Lawyer: Suing for Breach of Trust
Dubai Legal Consultants will hereby provide you with a brief overview of the most common offence in the UAE that is Breach of Trust. UAE Legislative Framework The Criminal Law of UAE, Federal Law Number 3 of 1987 governs fraud and breach of trust within UAE. Breach of trust is a common scenario where a trusted employee or a business partner takes advantage of their position to detriment the employee or another partner. Article 404 of the Criminal Law criminalizes breach of trust as follows: "Shall face penalty by way of detention or a fine, whoever embezzles, uses amounts, bills or any movable property to the prejudice of the owner whenever the concerned movable property is handed over to him through deposit, lease, pledge, loan for consumption or by way of proxy. In the application of this provision shall be considered as a proxy, the joint owner of the property, the officious on the property of the interested owner and whoever received something to be used in a specific matter for the benefit of its owner or of others." It is believed that the joint owners of the immovable property are held by them in trust and any violation of this provision would allow the innocent business partner or the employer to seek adequate justice from the criminal court. However, the penalty by way of imprisonment or fine shall be at the discretion of the court depending upon the intensity of the offence and its categorization. Courts are liberalized to issue any penalty in order to deter residents from committing such offence. Nevertheless, breach of trust is also referred to as misdemeanour for which a fine of maximum AED 30,000 shall be imposed along with imprisonment of a maximum term of 3 years. In addition, the term fraud is often confused with breach of trust and used interchangeably. Although both the terms depict the dishonesty of the accused, however, the law differs both as under Article 399 of the law states the circumstances which can be considered as fraud as follows: "Shall be sentenced to imprisonment or to a fine, whoever succeeds in appropriating, for him or for others, movable property, a deed or a signature thereon, cancellation, destruction or amendment thereof through deceitful means or use of false name or capacity, whenever this leads to deceit the victim and have him give away shall be sentenced to the same penalty, whoever disposes of an immovable or movable property being aware that it is not his property, that he is not entitled to dispose of it or disposes of it knowing that he previously disposed of, or contracted, it whenever such act of disposition causes prejudice to others. Should the object of the crime be the property or a deed belonging to the State or tone of the bodies mentioned in Article (5, this shall constitute an aggravating circumstance. An attempt shall be sanctioned by detention for a term not exceeding two years or a fine not in excess of twenty thousand Dirham. When condemning the recidivist to detention for a period of one year or more, the court may order putting him under control for a maximum period of two years provided it does not exceed the period of the adjudicated penalty." New Technology New Punishment In the aforementioned scenarios, if in any event the accused has used an electronic device, he can be convicted under UAE Cybercrime Law, Federal Law Number 5 of 2012. The Cybercrime Law imposes stricter punishment for similar offences as compared to the Penal Code. A criminal complaint can be registered if: Intentionally using a forged document; Forging a document through electronic means; Using technological means to obtain property illegally; Unlawful ways of accessing bank accounts electronically; Unauthorized usage of the electronic system. Some common instances of breach of trust involve unauthorized access of client details, accounting records or banking details of the employer to frequently transfer money. Nevertheless, the civil law system of UAE also allows the victims to initiate civil proceedings to seek compensation for the damages incurred. The claimant can run both the cases simultaneously or can register a criminal complaint and post receiving favourable judgment can proceed with the civil case to obtain adequate damages. Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided. Originally published at https://www.professionallawyer.me/legal-articles/criminal-law/looking-for-a-lawyer
Finding the Right Personal Accident Lawyer
Hiring the right lawyer can be the only difference between getting bogged under the medical bills or lost wages or securing a hefty settlement. From a slip and fall, a vehicle crash, to any other form of accident, hiring the right accident attorney in Sacramento is critical. For most of us, hiring a lawyer is a complicated issue, something which it should not be. You will probably find over 50 listing pages of personal injury lawyer in Sacramento in the phone book or any online directory. But how do you ensure that you pick the right one? What do you have to look for? Questions to ask Here are a few questions that you must not miss before hiring a lawyer. Go ahead only after you have satisfactory answers to all or most of these: ● Experience of the lawyer in handling the cases similar to that of yours. ● The expectation in terms of compensation in the event of winning the case. ● Who will be working on the case? ● Will the case go to trial? ● For how long has the lawyer handled personal injury cases? ● How long does it take to resolve cases similar to yours? ● What will be your role in the case? The above questions and other similar ones give you a good idea of how the law firm can help you. Sooner the better Start with searching for a good lawyer as early as possible, better within a week or two, after the accident. If your medical or physical condition does not allow you, ask a friend, family member, or relative to help you here. As early as your lawyer starts working on your case, the better it is. Lawyers’ specialization Preferably, you are looking for a Sacramento Bicycle Accident Lawyer. Make sure you find one that is closest to your requirements if not a precise match. Doing proper homework is vital before you sign the papers with the lawyer. Browse through its official website and read the firm’s history and biographical information. It goes a long way in ensuring that your case turns out in your favor. The first meeting with the lawyer It is a vital aspect, as a face to face meeting with your prospective lawyer will help in resolving several doubts and make you feel comfortable with the lawyer. Your lawyer will be your trusted advisor in these difficult times, and building full trust in him is vital. This sit-down discussion will have far-reaching benefits. Hiring on a contingency fee In the contingency fee structure, your lawyer will not get paid unless you get paid. His fees will come from the money that you will get from your insurance agencies. Now, this can be anything between 33% to 40% of the final settlement. Gaining a clear understanding of the payment structure is vital before signing the retainer agreement. Seek professionalism Avail services of professional lawyers instead of the ones who chase ambulances, and try to get as many personal injury cases as possible. Such lawyers try to settle these cases quickly, and their only emphasis is to churn money out of you. These lawyers will also lack a sincere approach while dealing with your case. Things to remember You need to be completely honest with the lawyer while having discussions regarding the case. Any documentation or pictures related to your lawsuit will be of immense help. Also, never give a recorded statement to a representative of the insurance company or anyone else without consulting your lawyer.
Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi: Quy trình, thủ tục xin cấp
Ở nội dung trước, chúng tôi đã chia sẻ với các bạn về điều kiện sản xuất thức ăn chăn nuôi. Trong đó có nhắc tới giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Vậy loại giấy này là gì? Vai trò, thủ tục xin cấp và các quy định liên quan đến nó là gì? Hãy tìm hiểu trong bài viết dưới đây! Cơ quan có thẩm quyền - Đối với thức ăn chăn nuôi bổ sung, Cục Chăn nuôi cấp, cấp lại, thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. - Đối với cơ sở sản xuất thức ăn chăn nuôi trên địa bàn (trừ thức ăn bổ sung), Sở Nông nghiệp và Phát triển nông thôn nuôi cấp, cấp lại, thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. - Trong trường hợp cơ sở sản xuất sản xuất đồng thời cả thức ăn bổ sung và các loại thức ăn chăn nuôi khác, sản xuất thức ăn theo đề nghị của bên nhập khẩu (sản xuất theo đơn đặt hàng), Cục chăn nuôi là đơn vị cấp, cấp lại, thu hồi Giấy chứng nhận. Cấp giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Hồ sơ bao gồm: - Đơn đề nghị cấp Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi - Bản thuyết minh điều kiện sản xuất - Quy trình kiểm soát chất lượng của cơ sở sản xuất - Bản tóm tắt quy trình sản xuất thức ăn chăn nuôi (nếu cơ sở sản xuất thức ăn truyền thống và nguyên liệu đơn) Trình tự, thủ tục cấp B1: Gửi hồ sơ đến cơ quan có thẩm quyền B2: 2.1 Cơ quan có thẩm quyền sẽ thẩm định hồ sơ sau khi nhận được hồ sơ đầy đủ. + Nếu không đạt, yêu cầu hoàn thiện, bổ sung hồ sơ + Nếu đạt, lập đoàn đánh giá điều kiện thực tế của cơ sở sản xuất thức ăn chăn nuôi. 2.2 Trong quá trình đánh giá điều kiện thực tế + Nếu không đạt, cơ sở sản xuất có 6 tháng để khắc phục và báo cáo kết quả khắc phục đến cơ quan có thẩm quyền để được thẩm định và đánh giá lại. + Nếu đạt, cấp giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Trường hợp từ chối, phải trả lời bằng văn bản và nêu rõ lý do. ⭐⭐⭐ Mẫu giấy chứng nhận đủ điều kiện sản xuất TACN Cấp lại giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Trường hợp cấp lại: - Giấy chứng nhận bị mất, hư hỏng; - Thay đổi thông tin về tổ chức, cá nhân trong Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Hồ sơ: - Đơn đề nghị cấp lại Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi - Tài liệu chứng minh nội dung thay đổi đối với trường hợp thay đổi thông tin có liên quan đến tổ chức, cá nhân trong Giấy chứng nhận. Trình tự, thủ tục cấp lại giấy chứng nhận đủ điều kiện sản xuất TACN - Nộp hồ sơ theo quy định - Cơ quan có thẩm quyền cấp lại Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Trường hợp từ chối phải trả lời bằng văn bản và nêu rõ lý do. Thu hồi giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi Trường hợp thu hồi: - Bị tẩy, xóa, sửa chữa nội dung trong Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi; - Cơ sở không còn đủ điều kiện sản xuất thức ăn chăn nuôi - Cơ sở có hành vi vi phạm khác mà pháp luật quy định phải thu hồi Giấy chứng nhận đủ điều kiện sản xuất thức ăn chăn nuôi. Hy vọng rằng những thông tin trong bài viết có thể giúp bạn hiểu hơn về giấy chứng nhận đủ điều kiện sản xuất TACN cũng như quy trình, thủ tục pháp lý liên quan để sản phẩm có thể lưu hành hợp pháp trên thị trường.
Vốn điều lệ của Công ty TNHH 2 thành viên?
Vốn điều lệ là tổng giá trị tài sản do các thành viên công ty, chủ sở hữu công ty đã góp hoặc cam kết góp khi thành lập công ty trách nhiệm hữu hạn, công ty hợp danh; là tổng mệnh giá cổ phần đã bán hoặc được đăng ký mua khi thành lập công ty cổ phần. Vốn điều lệ là khoản tiền được ghi nhận trong Giấy chứng nhận đăng ký kinh doanh của doanh nghiệp. Vốn điều lệ của các loại hình doanh nghiệp khác nhau thì sẽ như thế nào? Trong bài viết dưới đây, chúng tôi sẽ giải đáp thắc mắc liên quan đến Vốn điều lệ của Công ty TNHH 2 thành viên. Vốn điều lệ là gì? Vốn điều lệ là tổng giá trị tài sản do các thành viên công ty, chủ sở hữu công ty đã góp hoặc cam kết góp khi thành lập công ty TNHH (trách nhiệm hữu hạn), công ty hợp danh; là tổng mệnh giá cổ phần đã bán hoặc được đăng ký mua khi thành lập công ty cổ phần. Như vậy, vốn điều lệ chính là tài sản mà các thành viên của doanh nghiệp cam kết góp khi thành lập doanh nghiệp. Vậy Vốn điều lệ của Công ty TNHH 2 thành viên là bao nhiêu? Vốn điều lệ công ty TNHH 2 thành viên là bao nhiêu? Vốn điều lệ của Công ty TNHH 2 thành viên được quy định cụ thể tại Điều 47 Luật Doanh nghiệp 2020: Điều 47. Góp vốn thành lập công ty và cấp giấy chứng nhận phần vốn góp 1. Vốn điều lệ của công ty trách nhiệm hữu hạn hai thành viên trở lên khi đăng ký thành lập doanh nghiệp là tổng giá trị phần vốn góp của các thành viên cam kết góp và ghi trong Điều lệ công ty. 2. Thành viên phải góp vốn cho công ty đủ và đúng loại tài sản đã cam kết khi đăng ký thành lập doanh nghiệp trong thời hạn 90 ngày kể từ ngày được cấp Giấy chứng nhận đăng ký doanh nghiệp, không kể thời gian vận chuyển, nhập khẩu tài sản góp vốn, thực hiện thủ tục hành chính để chuyển quyền sở hữu tài sản. Trong thời hạn này, thành viên có các quyền và nghĩa vụ tương ứng với tỷ lệ phần vốn góp đã cam kết. Thành viên công ty chỉ được góp vốn cho công ty bằng loại tài sản khác với tài sản đã cam kết nếu được sự tán thành của trên 50% số thành viên còn lại. 3. Sau thời hạn quy định tại khoản 2 Điều này mà vẫn có thành viên chưa góp vốn hoặc chưa góp đủ phần vốn góp đã cam kết thì được xử lý như sau: a) Thành viên chưa góp vốn theo cam kết đương nhiên không còn là thành viên của công ty; b) Thành viên chưa góp đủ phần vốn góp đã cam kết có các quyền tương ứng với phần vốn góp đã góp; c) Phần vốn góp chưa góp của các thành viên được chào bán theo nghị quyết, quyết định của Hội đồng thành viên. 4. Trường hợp có thành viên chưa góp vốn hoặc chưa góp đủ số vốn đã cam kết, công ty phải đăng ký thay đổi vốn điều lệ, tỷ lệ phần vốn góp của các thành viên bằng số vốn đã góp trong thời hạn 30 ngày kể từ ngày cuối cùng phải góp đủ phần vốn góp theo quy định tại khoản 2 Điều này. Các thành viên chưa góp vốn hoặc chưa góp đủ số vốn đã cam kết phải chịu trách nhiệm tương ứng với tỷ lệ phần vốn góp đã cam kết đối với các nghĩa vụ tài chính của công ty phát sinh trong thời gian trước ngày công ty đăng ký thay đổi vốn điều lệ và tỷ lệ phần vốn góp của thành viên. 5. Trừ trường hợp quy định tại khoản 2 Điều này, người góp vốn trở thành thành viên của công ty kể từ thời điểm đã thanh toán phần vốn góp và những thông tin về người góp vốn quy định tại các điểm b, c và đ khoản 2 Điều 48 của Luật này được ghi đầy đủ vào sổ đăng ký thành viên. Tại thời điểm góp đủ phần vốn góp, công ty phải cấp giấy chứng nhận phần vốn góp cho thành viên tương ứng với giá trị phần vốn đã góp. Luật doanh nghiệp cũng không quy định cụ thể chi tiết về số vốn điều lệ tối thiểu của mỗi công ty TNHH 2 thành viên là bao nhiêu. Tuy nhiên nếu các thành viên không góp đủ vốn cam kết thì sẽ phải tuân thủ hướng dẫn tại Khoản 2, 3, 4, 5 nêu trên. Vốn điều lệ của doanh nghiệp sẽ được ghi nhận trong Giấy chứng nhận đăng ký kinh doanh và số vốn điều lệ của doanh nghiệp sẽ ảnh hưởng đến thuế môn bài mà doanh nghiệp phải đóng. Các trường hợp tăng, giảm vốn điều lệ của công ty THHH 2 thành viên Trong hoạt động kinh doanh chắc chắn doanh nghiệp sẽ có lúc cần tăng, giảm vốn điều lệ. Thứ nhất: Về tăng vốn điều lệ Công ty có thể tăng vốn điều lệ công ty trong các trường hợp sau đây: – Tăng vốn góp của các thành viên: Trong trường hợp này, phần vốn góp tăng thêm được phân chia cho các thành viên theo tỷ lệ tương ứng với phần vốn góp của họ trong vốn điều lệ công ty. Trong trường hợp có thành viên không góp thêm vốn, số vốn góp thêm của thành viên đó được chia cho các thành viên khác theo tỷ lệ tương ứng với phần vốn góp của họ trong vốn điều lệ công ty nếu các thành viên không có thỏa thuận khác. – Tăng thêm thành viên mới: Công ty nhận thêm thành viên mới và số vốn góp của thành viên mới để tăng vốn điều lệ của công ty và ghi nhận vào sổ đăng ký thành viên. Thứ hai: Về giảm vốn điều lệ Công ty có thể giảm vốn điều lệ bằng các hình thức sau: – Hoàn trả một phần vốn góp cho thành viên theo tỷ lệ vốn góp của họ trong vốn điều lệ của công ty nếu đã hoạt động kinh doanh liên tục trong hơn 02 năm, kể từ ngày đăng ký doanh nghiệp và bảo đảm thanh toán đủ các khoản nợ và nghĩa vụ tài sản khác sau khi đã hoàn trả cho thành viên. – Công ty mua lại phần vốn góp của thành viên theo quy định tại Điều 51 của Luật Doanh nghiệp năm 2020. Cụ thể, thành viên có quyền yêu cầu công ty mua lại phần vốn góp của mình, nếu thành viên đó đã bỏ phiếu không tán thành đối với nghị quyết của Hội đồng thành viên về vấn đề sau đây: + Sửa đổi, bổ sung các nội dung trong Điều lệ công ty liên quan đến quyền và nghĩa vụ của thành viên, Hội đồng thành viên; + Tổ chức lại công ty; + Các trường hợp khác theo quy định tại Điều lệ công ty. Yêu cầu mua lại phần vốn góp phải bằng văn bản và được gửi đến công ty trong thời hạn 15 ngày, kể từ ngày thông qua nghị quyết quy định tại khoản này. Các trường hợp tăng, giảm vốn điều lệ đều phải thông báo đến Phòng đăng ký kinh doanh để thay đổi Giấy chứng nhận đăng ký kinh doanh. Trên đây là tư vấn của chúng tôi nhằm giải đáp thắc mắc về Vốn điều lệ khi thành lập Công ty TNHH 2 thành viên để bạn đọc tham khảo. Nếu Quý khách còn thắc mắc gì vấn đề này hoặc muốn biết thêm thông tin chi tiết thì vui lòng liên hệ với chúng tôi để được tư vấn. Công Ty Cổ Phần Tư Vấn Bravolaw Hotline: 1900.6296 Web: https://luatsuonline.vn/
Unable To Perform Business Activity Due To Covid-19- Can You Claim Reduction In Rent?
The force with which the global pandemic is flaring up and the reaction to it has heightened the concerns or disputes between the lessor and lessee in UAE. It is protected to state that landowners and occupants will from now on carefully review certain critical, yet not generally used in most circumstances such as force majeure. At this moment however, the COVID-19 pandemic's effect on organizations and business activities is raising vulnerability under business rents about issues best tended to with proactive evaluation from occupants and proprietors in regards to their rent commitments. One of this situation was recently dealt by Rental Dispute Committee in Dubai and is elaborately discussed by Property Lawyers of Dubai. In a recent judgment of Rental Dispute Committee under case number 2020/04006/02 and the counter case 2020/04604/02, the court examined the situation of Coronavirus being a force majeure and issued a judgment assisting the tenant in unexpected circumstances. Case of the Plaintiff Plaintiff (tenant) registered the case against the defendant (landlord) under a commercial lease to decrease the rental amount from AED 1.7 million to AED 1.1 million per annum from 01/03/2020 till the authorities allow to reuse the commercial property (which was temporarily shut by the order of Ministry of Economy as a preventive measure in COVID-19) and requested the court to order the other party to return the rental cheque for such time. The Case of the Defendant The Defendant (Landlord) on the other hand requested the court to order the plaintiff to pay AED 875,000 as pending rental amount and to pay 9% interest from the date of delay in payment to fulfill its contractual obligations under the Lease Agreement. The rationale behind plaintiff's claim The plaintiff urge before the court that Ministry of Economy ordered all commercial properties (due to COIVD-19) to close temporarily and accordingly requested the court to decrease the rent based on their inability to perform their commercial activities based on a governmental order. Plaintiff referred to Law number 26 of 2007 as amended by Law number 33 of 2008 regarding the lease agreements in Dubai which states that for the reasons of the renewal of the tenancy contract, both the parties have the right to modify any clause in contract and increase or decrease the rental amount and if they fail to settle the amendment of the tenancy contract, the court has the right to arrange a suitable rental amount as per Article 9 of this law and in case both the parties want to modify the agreement as per Article 1 of the concerned law, he has to notify the other party before 90 days from the date of end of the contract. Plaintiff further referred to Court of Cassation judgment 374/2011 the court was of the opinion that if any unusual circumstances or public situation happens and it is not normal to expect such situation to exist and because of such situation the other party is unable to perform its contractual obligations and leads to a big loss for a party who is supposed to perform his part under the contract. In such cases, the judge has the right, post reviewing the facts and circumstances between both the parties to re-draft a specific clause or difficult part of a particular contract to be suitable for the parties and anything else agreed upon between the parties would be therefore held invalid. This is in accordance with Article 249 of the Civil Procedure Code. In line with the foregoing provision, the plaintiff request the court to accept his request because of unusual circumstances of COVID-19 the plaintiff was unable to perform his business activity and therefore unable to maintain his position under the contract and alleged that performance of such contract would lead to significant losses to the plaintiff. Importantly, this circumstances effects huge number of people and such an event is unexpected to happen while signing the contract. Further, for the consideration the public circumstances in the time of making the contract and hard for the debtor to perform his obligations under the contract. he Plaintiff further relied on Court of Cassation case number 56/2009 on the claim registered by the defendant seeking legal interest, wherein the foregoing judgment the court was of the opinion that the legal interest due from the debtor is a compensation for late performance of the contract, whether it is civil or commercial and this interest has to be calculated as per the value of the contract and the court shall have no authority to calculate the amount from the date of delay in payment, however, the court has the authority to determine the interest on delay in payment from the date judgment becomes final and binding. Lastly, the plaintiff relied on Court of Cassation case number 69/1991 wherein, the court held that the subject of the case is determined when the plaintiff submits his opening memorandum and he also has the right to modify his memorandum of to increase or decrease the amount in his request against the defendant and the court shall accept his request and issue a judgment on the last documents submitted. In this regards, as per the request of the plaintiff to decrease the amount to 1.1 million AED yearly and this is as per the rental amount of the similar property and the common rules and regulations in the DED and the contract did not have any vitiating consent. JUDGMENT Decrease in Rent The court held that as per the documents submitted by both the parties that the rental contract is valid until October 2020 and the plaintiff does not have the right to decrease the rent amount during the continuity of the contract. However, she can seek for decrease in rent 90 days before the expiry of the contract. Therefore, the court rejects plaintiffs request to decrease the rent. Claiming the Post-Dated Cheque The court herein confirmed that due to the current situation and temporary closure of business of the plaintiff whose activity as per the trading license deals in sports (as per the order of Ministry of Economy to shut all sports activities from 15 March 2020) the plaintiff has been effected by the impact of such regulation. Therefore, the court accepted the plea of plaintiff and offered relaxation on the rent for the said period (wherein the activities were closed by the government). Importantly, the court ordered the other party to return the cheque to the plaintiff. The present circumstances of the case, represented well by the Legal Consultants allowed the Plaintiff to seek a relaxation in the rent from the time the commercial property was temporarily shut upon government order. Importantly, if you find yourself in such similar situation, it is better to seek assistance of Best Lawyers in Dubai to understand the critical boilerplates in your lease agreement to receive a favorable judgment.