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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This book is a complete guide/ready reckoner for dealing with corporate social responsibility (CSR) matters. It provides a 360° detailed analysis of the laws and practices related to CSR. This book would be helpful for Company Secretaries, Chartered Accountants, Cost and Work Accountants, Lawyers, other Professionals, and Corporates. The Present Publication is the latest 2023 edition and is updated upto 30th June 2023. This book is authored by CS Ankur Srivastava & CS Shruti Srivastava, with the following noteworthy features: • [Comprehensive Coverage] o Companies (Corporate Social Responsibility Policy) Amendment Rules, 2022 o Newly Introduced FORM – CSR-2 o Impact Assessment o Corporate Social Registration for CSR Entities o New Format for Annual Disclosure by Companies • [Practice Oriented] This book aims to offer readers not only the necessary procedural requirements but also a comprehensive understanding of the background, reasoning, practical solutions, and a set of accompanying procedures • [Calculators] for calculation of the following: o Net Profit for CSR o CSR Statutory Requirement o CSR Expenditure o Amount Unspent o Excess Amount Available for Set-off The structure of the book is as follows: • Chapter 1 provides a historical sketch of the evolution of corporate social responsibility (CSR) • The book contains relevant information on the Companies Act 2013, related rules, and circulars/notifications from the Ministry of Corporate Affairs • Chapter 3 covers the applicability of CSR to companies • Chapter 4 details the actions required when CSR provisions apply to a company • Chapters 5 and 6 focus on the role of the board of directors and the CSR committee in implementing CSR • Chapter 10 guides on implementing successful CSR in an organisation, including various calculation tools • Chapter 11 discusses how to implement CSR through an implementing agency • Chapter 12 covers the requirements for registration of the implementing agency and obtaining a CSR number • Chapters 13 and 14 provide an in-depth analysis of reporting requirements under CSR • Chapter 15 analyses the new reporting requirements in the newly introduced Form CSR-2 • Chapter 16 discusses ongoing CSR projects with a detailed analysis • The concept of impact assessment and its modalities are explained in Chapter 17 • Chapter 19 outlines the consequences of defaults and penalties for non-compliance with CSR provisions • The book includes a compilation of various notifications and circulars related to CSR The detailed contents of the book are as follows: • Corporate Social Responsibility – An Introduction and Overview • Corporate Social Responsibility under the Companies Act, 2013 • Applicability of Corporate Social Responsibility • Actions Required upon Applicability of Corporate Social Responsibility Provisions • Duties of the Board of Directions under the Corporate Social Responsibility Rules • Corporate Social Responsibility Committee • Analysis of the Applicability under Section 135(1) • Corporate Social Responsibility Policy • Annual Action Plan • Corporate Social Responsibility Activities • Implementation of Corporate Social Responsibility through Implementing Agencies • Registration with Central Government – Form CSR-1 • Corporate Social Responsibility Reporting • Annual Report on Corporate Social Responsibility • Form CSR-2 • Ongoing Projects • Activities Covered under Schedule VII • Impact Assessment • Consequences of Default – Penalties
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practiceemphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.
This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual framework to illustrate how socio-legal problems emerge in the welfare state, and presents the skills base necessary for effective social work response. A new section on socio-legal issues highlights many fields where social worker-lawyer partnerships can occur, such as civil rights and advocacy, the death penalty, liability for neglect in nursing homes, informed consent and medical treatment, and much more. Filled with techniques for reading and understanding judicial opinion, legislative statues, and bills, this new edition will appeal to all professors of law and social work courses, as well as courses on the welfare state.
How as a society can we find ways of ensuring the people who are the most vulnerable or have little voice can avail themselves of the protection in law to improve their social, cultural, health and economic outcomes as befits civilised society? Better Law for a Better World answers this question by looking at innovative practices and developments emerging within law practice and education and shares the skills and techniques that could lead to confidence in the law and its ability to respond. Using recent research from Australia, practice initiatives and information, the book breaks down ways for law students, legal educators and law practitioners (including judicial officers, law administrators, legislators and policy makers) to enhance access to justice and improve outcomes through new approaches to lawyering. These can include: Multi-Disciplinary Practice (including health justice partnerships); integrated justice practice; restorative practice; empowerment modes (community & professional development and policy skills); client-centred approaches and collaborative interdisciplinary practice informed by practical experience. The book contains critical information on what such practice might look like and the elements that will be required in the development of the essential skills and criteria for such practice. It seeks to open up a dialogue about how we can make the law better. This includes making the community more central to the operation of the law and improving client-centred practice so that the Rule of Law can deliver on its claims to serve, protect and ensure equality before the law. It explores practical ways that emerging lawyers can be trained differently to ensure improved communication, collaboration, problem solving, partnership and interpersonal skills. The book explores the challenges of such work. It also gives suggestions on how to reduce professional barriers and variations in practice to effectively, humanely and efficiently make a difference in people’s lives. The book builds essential skills and new approaches to lawyering for law students, legal educators, new lawyers and seasoned lawyers, judicial members and law administrators to equip them to better respond to community need. It looks at the law in context by also exploring the role of the law in improving the social determinants of health and socially just outcomes.
The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."
Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
This book aims to analyse and elucidate the intricacies of United Arab Emirates (UAE) Corporate Tax [Federal Decree-Law No. 47 of 2022 as amended by Federal Decree-Law No. 60 of 2023] and its practical applications. It addresses the challenges for tax practitioners in understanding the law and its applications. It does so by providing an article-wise commentary on the UAE Corporate Tax along with the following: • Relevant Cabinet and Ministerial Decisions • Case Studies • Illustrations • FAQs • Charts & Tables • Guide on Free Zone Taxation Beyond its immediate utility, the book is designed to serve as a comprehensive reference tool. It stands as a valuable resource for professionals dealing with tax, yet its scope is not confined to experts alone. The content is approachable and engaging for anyone interested in the tax environment of the UAE, whether they are practitioners, scholars, or laypersons. The Present Publication is the 2nd Edition and is updated till 31st May 2024. This book is authored by CA Nirav Shah, with the following noteworthy features: • [Clear & Example Driven Format] has been followed in this book to present the analysis and make complex tax concepts more accessible to the readers • [Discussion on Implementation of UAE Corporate Tax] involving Decrees and Cabinet Decisions • [Highly Structured Contents to Present the Legal Framework and Real-world Application] The book's structure is thoughtfully organised to provide a lucid explanation, where it not only clarifies legal jargon but also bridges the gap between theory and practice, offering readers a well-rounded understanding of the subject matter The book contains twenty chapters, each including an analysis of the Articles of the UAE Corporate Tax. The appendix to the book includes Federal Decree Law 47 of 2022, as amended by Federal Decree Law 60 of 2023, and all Cabinet and Ministerial Decisions. The structure of the book is as follows: • [Introduction] Provides an overview of the UAE Corporate Tax and important definitions • [Imposition of Corporate Tax and Applicable Rates] This chapter analyses Articles 2 and 3 of the UAE Corporate Tax dealing with the obligation to pay UAE Corporate Tax and the applicable tax rate. • [Exempt Persons] This chapter analyses Articles 4 to 10 of the UAE Corporate Tax. These Articles exempt various entities: government entities, government-controlled entities, public benefit entities, investment funds, extractive businesses, etc. This chapter also includes the Corporate Tax Guide issued by the UAE FTA on Free Zone Persons. • [Taxable Person and Corporate Tax Base] This chapter analyses Articles 11 to 17 of the UAE Corporate Tax. These Articles provide the basis of charge, scope of taxable state-sourced income, meaning of permanent establishment (PE), taxability of family foundation, etc. • [Free Zone Person] This chapter contains an analysis of Article 18 of the UAE Corporate Tax dealing with taxation of free zone persons. • [Calculating Taxable Income] This chapter analyses Articles 20 and 21 of the UAE Corporate Tax. These Articles provide the basis for the computation of taxable income and the reliefs allowed to small businesses. • [Exempt Income] This chapter contains an analysis of Articles 22 to 25 of the UAE Corporate Tax that includes the provisions for the exemptions for certain incomes, participating exemptions, Foreign PE exemptions and exemptions to non-resident operating aircraft and ships in international transportation. • [Reliefs] This chapter contains an analysis of Articles 26 and 27 of the UAE Corporate Tax that provides relief for transfers within qualifying groups and business restructuring. • [Deductions] This chapter analyses Articles 28 to 33 of the UAE Corporate Tax. These Articles contain the provisions for deductible and non-deductible expenditures. • [Transactions with Related Parties and Connected Persons] This chapter analyses Articles 34 to 36 of the UAE Corporate Tax that, explains the arm's length principle and meaning of related parties and covers payments made to connected persons. • [Tax Loss Provisions] This chapter contains an analysis of Articles 37 to 39 of the UAE Corporate Tax dealing with the treatment of tax losses. • [Tax Group Provisions] This chapter analyses Articles 40 to 42 of the UAE Corporate Tax. These Articles allow the taxable persons to constitute a tax group and offer taxable income at the consolidated group level. • [Calculation of Corporate Tax Payable] This chapter analyses Articles 43 to 47 of the UAE Corporate Tax. These Articles guide the computation of tax liability, withholding tax, foreign tax credit, etc. • [Payment and Refund of Corporate Tax] This chapter contains an analysis of Articles 48 and 49 of the UAE Corporate Tax that deals with the timelines for making corporate tax payments and the provisions to claim a corporate tax refund. • [Anti-Abuse Rules] Article 50 of the UAE Corporate Tax contains the general anti-abuse rule. This chapter explains this Article along with BEPS and examples. • [Tax Registration and De-Registration] This chapter analyses Articles 51 and 52 of the UAE Corporate Tax. Article 51 deals with the registration of taxable and exempt persons. Article 52 deals with the time limit and conditions for de-registration. • [Tax Returns and Clarifications] This chapter analyses Articles 53 to 59 of the UAE Corporate Tax. These Articles deal with the compliance obligations of taxable persons, including filing tax returns, preparing financial statements, transfer pricing documentation, record keeping, etc. • [Violations and Penalties] This chapter contains an analysis of Article 60 of the UAE Corporate Tax that provides the penalties for various violations. • [Transitional Rules] This chapter analyses Article 61 of the UAE Corporate Tax. • [Closing Provisions] This chapter analyses Articles 62 to 70 of the UAE Corporate Tax. These Articles define the Federal Tax Authorities, their powers, international agreements, etc.