Bringing labor documentation into compliance with legislation
Georgian labor law is constantly evolving and trying to maintain a balance between the interests of employees and employers. It is important that both parties have sufficient knowledge to protect their own rights. Bringing labor documentation into compliance with legislation is a legal obligation. In practice, there are often cases when a company assumes that its documentation is in perfect order, but after inspection by the Labor Inspectorate, significant violations are identified: contracts inconsistent with the law, vague remuneration conditions, and more. The risks are real If labor documentation is not properly organized, the company may suffer both financial and reputational damage. In such cases, the following are inevitable: Sanctions imposed by the Labor Inspectorate; Court disputes; Claims voiced by employees and more. From 2024, inspections by the Labor Inspectorate Service have become more frequent, which automatically implies imposing requirements on companies regarding the accuracy and correctness of documentation. Given all of the above, in order to protect the interests of both the employer and the employee in the company, qualified legal support is needed, both in terms of consultation and in terms of organizing labor documentation.
Why should a construction company have a lawyer
The construction business is a complex and diverse field that involves legal regulations, various types of contracts, permits, and other legal issues. Even a small mistake in these processes can cause serious financial and reputational damage to a company. That's why it's important for construction companies to have a qualified lawyer who manages legal risks and protects the company's interests. Let's consider what legal stages a construction company has to go through in the process of carrying out its activities. 1. Development and control of legal documents. Construction companies have to enter into various types of contracts with clients, contractors, landowners, government agencies, and other interested parties. In this case, the lawyer ensures: Preparation and revision of relevant contracts to ensure they align with the company's interests. Compliance of documentation with Georgian legislation. Avoidance of potential legal risks. 2. Construction permits and regulationsThe construction process requires obtaining various permits, which requires compliance with specific legal requirements. In this case, the lawyer ensures: Participation in timely obtaining necessary permits and licenses; Interaction with state agencies and putting documentation in order; 3. Dispute management Disputes with landowners, partners, contractors, or employees are common in the construction sector. The lawyer helps find a favorable solution for the company, specifically ensuring: Dispute prevention by correctly drafting contracts; Conducting negotiations and resolving issues through mediation; Managing court processes and protecting the company's interests. 4. Labor relations and safety standards Employee safety is one of the main priorities in a construction company. In this case, the lawyer ensures: Correct drafting of employment contracts; Compliance with labor and safety standards; Resolution of issues related to possible labor disputes; 5. Tax and financial lawConstruction companies often have to operate with large budgets, which involves financial and tax risks. In this case, the lawyer ensures: Compliance with tax legislation in cooperation with the financial manager; Legal soundness of banking and credit agreements and involvement in the process; Reliability of legal transactions with investors and partners. In conclusion, we can say that: Neglecting any legal issue in the construction business can cause serious financial and reputational damage to the company. With the help of a qualified lawyer, the company will avoid legal mistakes, protect its own interests, and carry out projects in a calm environment. Therefore, having a lawyer for a construction company is not only recommended but also necessary.
Legal outsourcing - a strategic solution for your business
In the modern business environment, companies face increasing challenges in managing legal issues. Legal outsourcing has become an effective strategy that allows organizations to significantly improve their legal support. What are the advantages of legal outsourcing? 1. Cost Minimization Compared to hiring and maintaining a full-time in-house lawyer, legal outsourcing is much more economical. You only pay for the services you actually need, which significantly reduces operating costs. 2. High Professional Expertise and Specialization Legal outsourcing offers you access to highly qualified lawyers specialized in various fields. This means you have the opportunity to benefit from the services of experts in different areas (tax, construction, labor, corporate, intellectual property law) who are familiar with the latest legislative changes and practices. Years of experience and continuous professional development ensure high-level resolution of your legal issues. 3. Time Optimization Legal outsourcing allows you to focus on your core business activities, while professionals ensure timely and effective resolution of complex legal issues. 4. Flexibility and Quick Response Legal outsourcing offers you flexible services according to your business's changing needs, which is especially important in a dynamic market environment. Professional lawyers work according to your schedule and are ready for urgent situations. 5. Proactive Risk Management Professional lawyers ensure early identification and management of legal risks, which reduces potential legal disputes and protects your business from financial losses. Conclusion Legal outsourcing represents an effective strategy for modern businesses, allowing companies to significantly improve their legal support while reducing costs. Legal service outsourcing offers you a professional and individualized approach to meet your business's unique legal needs.
Bringing the registration data of a joint-stock company into compliance with the law
According to the Law of Georgia on Entrepreneurs, enterprises registered before January 1, 2022, have until April 1, 2025, to bring their registration data in compliance with the law. For joint-stock companies, the procedure for compliance with the law is regulated differently according to the Law on Entrepreneurs. To update the registration data, the following is required:Convening a general meeting of shareholders in accordance with the rules of the Law of Georgia on Entrepreneurs;Making decisions in accordance with the procedure established by law;Preparation of new founding documentation;Submission of documentation to the registering authority; How is the general meeting of shareholders convened in accordance with the rules of the Law of Georgia on Entrepreneurs? The general meeting is convened by the governing body of the joint-stock company - the director. The decision on convening must be published on the electronic portal of the registering authority at least 21 days before the date of the general meeting. For publication, it is necessary to register the subject in the registry, where the agency creates an authorized user page - an electronic address - for the subject on the unified electronic portal. The decision to convene a general meeting of a joint-stock company is also published on the website of the joint-stock company (if available). What should the published information about convening a general meeting contain?The company name and legal address of the joint-stock company;The place, date, and time of the general meeting;An indication of whether it is a regular or extraordinary general meeting;The accounting day of the general meeting and an indication that only those persons who are registered as shareholders on the accounting day have the right to participate and vote in the general meeting;The agenda of the general meeting. Decision-making by the general meeting in accordance with the procedure established by law According to the Law of Georgia on Entrepreneurs, the general meeting of shareholders makes decisions by a majority of votes of the participants in the voting, but changes to the charter/founding agreement must be adopted by a 3/4 majority of the votes of the participants in the voting, unless the charter provides for a larger number of votes. You should also consider that if the agenda of the general meeting includes changing the charter or adopting a new version, the text of the change or new version must be published together with the information about convening the general meeting. Regarding the right to participate and vote in the general meeting, it is available only to those shareholders who had ownership rights to the shares on the accounting day of the general meeting, which must be confirmed by an entry in the share register. Preparation of new founding documentation When preparing the founding documentation, the joint-stock company must indicate in the registration data the amount of capital placed at the time of registration of the joint-stock company. It must also indicate the amount of paid-up capital. Additionally, if applicable, it is possible to indicate the amount of authorized capital. The minimum amount of placed capital of a joint-stock company at the time of registration should be at least 100,000 GEL. The paid-up capital must be in monetary form and should constitute at least 25% of the placed capital. To bring the registration data in compliance with the new law, it is necessary to register on the subject's portal, specifically, to define the data of the person authorized for management and representation responsible for managing the authorized user page (electronic address) and the mobile phone number of a mobile operator operating in Georgia and an email address in their possession/use. Since the new law established that the legal address of an entrepreneur is their physical address on the territory of Georgia, the subject's legal address should be determined in accordance with this requirement, or the authorized person should confirm that the entrepreneur's already registered legal address is their physical address. In case of changing the legal address, the interested person must present the consent of the owner of the immovable property, drawn up and certified in the appropriate form, or a document drawn up in accordance with the procedure established by law confirming the right of use of the immovable property by the interested person. Submission of documentation to the registering authority The final stage is submitting an application to the registering authority, which should be accompanied by the decision of the authorized body defined by the charter - the general meeting, an extract from the share register, and a duly certified founding agreement, which includes the subject's charter as an integral part.
Important information about mandatory re-registration of enterprises
Based on the amendments made to the Georgian Law "On Entrepreneurs", all active enterprises (except for individual entrepreneurs) are obliged to update their registration data. We offer detailed information about this important legislative change. Obligation to Update Registration According to the law, enterprises must ensure that their registration data complies with the requirements of the new law by April 1, 2025. This requirement applies to both the enterprise and its branches. The obligation applies to enterprises registered in the Business Registry before January 1, 2022. Legal Consequences Failure to fulfill this obligation will result in the following legal consequences: Suspension of enterprise registration Restriction of representative authority Restriction of the right to dispose of enterprise property Restriction on participation in tax operations Restriction on managing bank accounts and opening new accounts Restriction on disposing of funds in bank accounts Restriction on the ability to obtain credit Important Deadlines April 1, 2025 - Final deadline for registration update January 1, 2026 - The registering authority begins identifying deficient registrations After deficiency is established - 3-month period to correct it After the 3-month period expires - Possibility of registration cancellation Registration Update Procedure To update registration data, the following is required: Founders' decision made in accordance with the law Decision made with the number of votes established by the charter registered before January 1, 2022 New founding agreement compliant with the law Submission of documentation to the registering authority Our Legal Services Our law firm offers qualified assistance in: Preparation of registration documentation Organization of founders' meetings and preparation of documentation Preparation of new founding agreements Handling relations with the registering authority Special Cases Individual entrepreneurs are not subject to the obligation to update registration Non-entrepreneurial (non-commercial) legal entities are authorized to voluntarily update their registration After registration cancellation, if property is discovered, a court may appoint a liquidator For additional consultation, contact us at 591811588.
What we need to know about plea bargaining
A plea agreement is an agreement between the accused and the prosecutor in which the accused admits guilt and agrees with the prosecutor on the sentence, mitigation of charges, or partial dismissal. Typically, the agreement involves cooperation and/or compensation for damages. When concluding a plea agreement, it is possible to agree on a lighter sentence than the minimum prescribed by law, to mitigate charges, or to partially dismiss them. The plea agreement is formalized in writing and approved by a court verdict. Both the accused/convicted person and the prosecutor can propose a plea agreement. It can be concluded both in the court of first instance and after the verdict is issued. However, most commonly, plea agreements are approved at the first court appearance of the accused. A protocol is drawn up regarding the plea agreement, which reflects the negotiation process between the accused and the prosecutor. A copy of the plea agreement protocol is given to the accused and their lawyer. The accused and their lawyer have the right to make comments on the plea agreement protocol, which are attached to this protocol. The plea agreement protocol is signed by the prosecutor, the accused, and their lawyer, as well as the legal representative of the accused, if any. It is noteworthy that in the case of a plea agreement, the court issues a guilty verdict without directly and orally examining the evidence. Concluding a plea agreement does not relieve the accused of civil and other types of liability. The accused has the right to withdraw from the plea agreement at any time before the court issues a verdict without considering the merits of the case. After the verdict is issued, it is not permitted to withdraw from the plea agreement. The court's verdict enters into force immediately upon announcement and can only be appealed if: the plea agreement was concluded under coercion, threat, violence, intimidation, or deception; if the accused's right to defense was restricted; if the plea agreement was concluded in such a way that, even considering the accused's admission of guilt, there is insufficient evidence in the case that would convince an objective person that the accused committed the crime. It should be noted that if negotiations are ongoing with the accused regarding the conclusion of a plea agreement, it is mandatory for the accused to have a lawyer. If you wish to conclude a plea agreement and need the assistance of a lawyer, you can contact us at: 591811588.