Creation of Companies

Creation of Companies

I. INCORPORATION

REGISTRATION OF TRADEMARKS
It is imperative that trademarks intended to reinforce the operations of a particular business should be lodged simultaneously with the actual act of incorporation, or better, should precede it. The fact of registering a business name does not confer an exclusive right to the use of that name, especially when it is being used outside the state in which the company is incorporated.

This is why it is often necessary to register one or more trademarks in order to strengthen this right to a specific name. Usually these trademarks are registered in a number of languages with the relevant national authorities in key states, all of which operate under different legal norms. This is the reason for which it is necessary to have considerable know-how in the process of incorporation and registration, which Greenberg, Hornblower, Deschenaux & Partners possess.

RESERVATION OF BUSINESS NAMES

Greenberg, Hornblower, Deschenaux & Partners can reserve a name anywhere in the world at an extremely competitive price, thanks to its unique global network of incorporation agents.

ARTICLES OF INCORPORATION

It is a common misperception that the articles of incorporation of a company can be standardized, at least in instances where the company intends to proceed safely in the issuance of its shares. A large number of companies, following a public or private issue of shares, have found themselves confronted with unforeseen legal difficulties and actions because their articles do not establish either the decision making processes of the company or the limits of responsibilities of its different internal organs. When Greenberg, Hornblower, Deschenaux & Partners creates the articles of incorporation of a company, it undertakes a detailed analysis of the functioning of the company, the competence and knowledge of its managers, as well the markets and the environment in which the company is going to operate, and hopefully, issue its shares.

DECISIONAL STRUCTURE OF FIRMS

Often the decisional structure of a firm which is fixed by the articles of incorporation necessitates a clear practical understanding of how decisions should be made. This structure can be delineated in a document setting out the internal rules of the company, and this too necessitates formal notification to those interested, as well as to the relevant authorities. Care should be taken when drafting these rules, so that any potentially litigious situations or ambiguities are eliminated.

INCORPORATION OF A COMPANY PHASE

Greenberg, Hornblower, Deschenaux & Partners can incorporate a company in 120 counties around the world, and we specialize in grouped or complex incorporations. Grouped incorporations result from the legal difficulties associated with the internationalization in the activities of a company, either at the time of Incorporation or in the future. The complexity of incorporation is often function of a subsequent desire to issue securities, or of a perceived future method of operation. It should be remembered that through the correct incorporation of a company, and by the application of very precise articles of incorporation, it is possible for a company to protect itself against unforeseen future events, such as a hostile takeover. Experience suggests that the most expensive incorporation is generally less costly than the smallest amendment, especially when one considers the expenses arising out of the calling of a meeting, traveling or legal representation. In fact, a correctly executed incorporation relating to the specific requirements of a particular company is a good gauge of the seriousness of the company for the financial analyst, investor, banker, and creditor.

II. OPENING A BANK ACCOUNT

Greenberg, Hornblower, Deschenaux & Partners find itself in a privileged position with a large number of private, commercial, international and local banks, any of which may be correctly adapted to all kinds of financial operations, mortgages, factoring and credit conditions required by the Issuer.

The opening of a bank account represents more than simply filling-out some forms. It represents the creation of a contract between a company and the bank. Given the increasingly international nature of banking relationships, banks have developed an arsenal of measures intended to limit their exposure to the risks associated with these transactions, and to pass on the risk to their clients, and the management of these firms. This is why Greenberg, Hornblower, Deschenaux & Partners believes that it is important to view the creation of a bank account as a legal act, and not only as a simple formality.

III. INCORPORATION AND CREATION OF INVESTMENT FUND

In an ever more uncertain economic environment and one which is undergoing constant change, it is imperative that the investor takes steps to diversify his investments. Diversified products are much sought after by experienced investors due to the constant failure to correctly manage systematic risk.

A professional Issuer in the field of fund management or a group interested in operating within specified markets whose investment targets are vague, and fluctuate according to particular merger or market trends, should consider issuing investment funds securities.

Greenberg, Hornblower, Deschenaux & Partners can provide adequate structures to establish such funds and have proper funds securities issued.

Greenberg, Hornblower, Deschenaux & Partners has become an expert in the incorporation, registration and creation of investment funds of all types, including securities funds, balanced sector funds, standard and emerging market funds.

GHD LLP

GHD LLP (155)