Just like a heart specialist can’t be the right choice to find a cure of your arthritic problems, you can’t expect a divorce lawyer to be competent enough to deal with corporate laws. With the growing number of complexities and litigation involved while running a business, it has become a requisite for companies to consult a business lawyer. However, choosing the right lawyer is a tedious task.
Business owners often confuse between commercial litigation and corporate law. Litigators generally deal with resolving the disputes of the judicial system or via other effective methods like arbitration and mediation. On the contrary, corporate attorneys mostly prepare deals and transactions. Adhering these, following here we would like to offer a detailed overview that outlines the areas and responsibilities mostly dealt by a corporate lawyer.
Corporate security
Many corporate lawyers are specialized in securities law. Generally, corporations should be able to follow a set of protocols regarding disclosure of information to investors and shareholders while depending on the type of investor and size of corporation as well. If shares of the organization are being traded on any public stock exchange, then, it must file detailed reports with the regulatory body and distribute the same (mainly prospectus) with shareholders. Corporate attorneys draft reports on yearly and quarterly disclosures, initial public offerings and special disclosures at the time of any instance which, might affect the stock’s price such as government investigation, impending litigation or unfavourable results.
Corporate governance, operation and formation
Corporation is known as a legal entity which is being developed in compliance to the laws of incorporation. Every state has their own set of laws with respect to management, creation and dissolution of companies. As per the legal norms, a corporation acts as a ‘person’ that owns a state of being sued or to sue and has its individual identity apart from its stockholders. Adhering the same, a corporate lawyer helps a client to build, organize and dissolve a separate business entity. For forming a corporation, the lawyers will draft articles of incorporation to document the setup of a company and address all the areas on management of internal affairs.
Mergers and acquisitions
A significant area of corporate law is Mergers and Acquisitions (M&A). By merging with or acquiring a company, the organization might be able to add property, brand name or production facilities. Specialized M&A legal experts provide clients with trusted legal representation about proposed transactions. For evaluating a proposed venture, corporate lawyers review all the key assets and liabilities of the company like real estate holdings, financial statements, intellectual property holdings, employment agreements and other pending and current litigation. Lawyers draft the agreements on merger or acquisition and try to negotiate all the terms related to the responsibilities, rights and liabilities of each party.
Apart from the aforesaid
A corporate attorney greatly helps to deal with the legal norms and protocols related to project finance and venture capital. Not all lawyers can have a fair competency level to deal with such complexities and critical procedures. Thus, while choosing the lawyer for your corporation, it is of paramount importance to go through all the credentials and his work history whom you are about to rely on the future.
Chiranjit Roy is a legal specialist and an experienced corporate lawyer who has great passion to write informative write-ups on the legal procedures and protocols related to business law.
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