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Commercial Law
The global market has increasingly dictated that commercial transactions be formalized into written agreements. Unfortunately, the ways of yesteryear, particularly in Asia where commercial transactions were oral and handshake-driven, have changed where promises and deliverables of each party are formalized into what can be rather extensive commercial agreements.
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for businesses in ASEAN that wish to transact cross borders.
Distribution Agreement
A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain in certain geographical areas. An agreement of this sort can be exclusive or non-exclusive in nature and knowing how to structure a distribution agreement is important to ensure your interests are properly protected when appointing a local distributor.
Non-disclosure Agreements
Marketing or Promotional Agreements
A marketing or promotional agreement is imperative for any business looking to employ a marketing agency or company to promote its products and services. Such an agreement is an imperative document that clearly outlines the services provided by the marketing professional, the payment for such services, including barter which is very common in ASEAN, and other relevant stipulations such as licensing to use certain intellectual property such as a businesse trademark. Without such an agreement in place, businesses may risk loss of control over its image and intellectual property
License, Franchise Agreements
A license agreement is an agreement whereby a licensor gives another person or company, referred to as the licensee is granted the right to use something, most commonly the right to use a specific product, brand or trademark or other intellectual property such as software.
A franchise agreement is a license agreement; however, it differs in that there is more control and requirements that a licensee must adhere to as it carries on its business.
Lease Agreements
Sale and Purchase Agreements
Statutory notice periods
Where period of employment is not specified in the employment contract, if the employer wishes to terminate the employment contract, a written advance notice must be given to the employees on or before the due date of wage payment and such termination shall take effect on the following due date of the wage payment.
If the employer wishes to immediately terminate the employment contract, the employer shall render a payment in lieu of advance notice to the employees in the amount to be paid up until following due date of the wage payment
Loans, Pledges, other Financing and Security Agreements
Shareholders’, Investment and Joint-Venture Agreements
A shareholders' agreement is an arrangement among a company's shareholders that describes how the company should be operated and outlines shareholders' rights and obligations. The shareholders' agreement is intended to make sure that shareholders are treated fairly and that their rights are protected. It also allows shareholders to make decisions about what outside parties may become future shareholders and provides safeguards for minority positions.
Other forms of shareholders’ agreements are investment or joint venture agreements. Within these types of agreements, while usually addressing future shareholding rights, will address more detail on the development of business or partnership, along with the amount of investment.