Sunday, March 01, 2009

Business Legal Exposures

  • As business Lawyer you have to be aware of the legal exposures that are involved in the business activities of your Clients.
  • What kind of legal exposures that had been highlighted really depends upon the nature of the business issues transactions that you are being requested by your Client to be prepared and provided.
  • if the issue is that your Client is trying to seek funds which are required to support its business, you then have to make sure that such funds are really available at the right time as been required by your Client to support their business.
  • the time table of funds available and when and how does such funds will be disbursed and made available to your Client is very significant.
  • The other issue that you have to make sure is what kind of arrangements are most beneficial to your Client and the party who is obligated to raise and provide such funds.
  • Are the fund to be treated as loan which had to be repaid back by the fund provider?
  • or are the funds going to be treated as investment injected by the fund provider to be treated as investment and capital paid up subscribed by such new investor.
  • you have also to make sure whether the funds will be allocated in special account which shall be dedicated to the projects of your Clients
  • or will there be a joint account established by both the new investor and your client where joint signature for disbursement of the funds are required.
  • those are some of the elements of the legal exposures that you as a business corporate lawyer must be concerned of.
  • well, the most important and significant part of the deal is how to ensure that the business deal transactions for such project between your Client and the new investor will be mutually beneficiary to both parties.
  • the essence of a business is really how to make success to the" Project" which will benefit all parties concern.
  • As a business lawyer you have to ensure that the transactions are clearly drafted to be communicative as a tool of "Meetings of Minds" by the Parties concerned, which can reflect and express their desires and wants to make the "Business Project" fruit full.
Jakarta, March 1, 2009

Agung Supomo Suleiman

Senior Partner

Law Firm Suleiman Agung & CO

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