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Tempo de Leitura: 16 min

Dealing with a company’s legal issues is not always a simple task. Among the decisions that an entrepreneur needs to make are: contract review, investment evaluation and crisis management. To help you make the right decisions, it is essential to enlist the help of a business lawyer.

This professional has specific skills to assess the administrative area of ​​the company and find solutions to complex problems.

In this article we will address several aspects of business law, what it is for, what are the advantages of this service and what the career of a business lawyer is like. If you are looking for a quality business lawyer or are just curious about the subject, check out this article in full.

Below are the main topics we will cover:

After all, what is a business lawyer?

A business lawyer is a professional who focuses on issues related to the administration of a company. Among the main knowledge that this lawyer must have, are:

  • Know how to carry out transactions;
  • Have knowledge of fees and taxes;
  • Have experience in negotiating purchases of properties, products and services;
  • To be able to create and evaluate legal documents of companies.

All these responsibilities are intrinsic to a business, and when done poorly, they can generate huge losses.

Many entrepreneurs do not understand the need to hire a business lawyer and consider this service unnecessary. However, the role of the business lawyer has become increasingly important in the corporate world, especially in terms of balancing accounts.

The lack of a business lawyer is noticed when the company finds it difficult to make agreements with investors, clients and partners for example. Thus, entrepreneurs cannot agree on what is needed for business growth. This lack of organization makes it difficult and even prevents the increase of the company’s profit.

What does a business lawyer do?

This area of ​​law is aimed at resolving issues of both companies and individuals.

The business lawyer can act in the prevention of problems such as the evaluation of cases and investments that will be made in the future. Or, this lawyer may work to defend the business against harm, participating in legal trials and settlements.

  • Regardless of the area of ​​expertise of this lawyer, these are the main responsibilities of a business lawyer:
  • Manage compliance;
  • Gather the necessary documentation to start a business;
  • Provide legal advice and advice;
  • Mapping business risks;
  • Manage administrative issues related to contracts;
  • Contact other companies, whether competitors or collaborators.

The objective is for this lawyer to know the goals and difficulties of the company he works for, so that he can create specialized solutions. A good professional can identify necessary changes in each company that will bring greater profitability and help entrepreneurs to take advantage of good business opportunities.

How does a business attorney assist with transactions?

With technology, it is increasingly easier to carry out transactions with the help of just a few buttons. However, when it comes to a business, it takes a little more attention and even legal interference to go ahead with the deal.

Often, it is necessary to accompany a lawyer during the studies that precede monetary transactions in a company. The reason behind this is that in the business world there are great chances of scams and fraud happening. To avoid this problem, the specialized lawyer focuses his attention on the transaction in a very profound way, evaluating the company’s history and the security of the established contract. With all the information correctly evaluated, the transaction happens much more simply and efficiently.

In addition, there are still some large value transactions that need the presence of a business lawyer to be legally accepted. An example is the purchase and sale of shares or equity interests, as these issues deal with documents and contracts, legal means are essential in these processes.

Therefore, if you are looking for the service of a business lawyer, contact us and let Monteiro Verdasca Advogados guide you through this difficult time.

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Is the assistance of a business lawyer necessary to deal with fees and taxes?

Well, the performance of the business lawyer during the collection and payment of fees and taxes is not mandatory. However, its performance can be extremely beneficial, especially for large companies.

When a company needs to decide what investments to make, the business lawyer is responsible for considering what fees and taxes are included in that project. Thus, the team has a broader view of the project and can decide whether the investment is worth it or not.

Another important role of business law is to ensure that the company is following all legal requirements to continue its operation. It is normal to forget a detail when balancing a business’ accounts. Therefore, the specialized professional acts in the review of all the movements of a company, in order to avoid losses due to the lack of payment of some fee or tax.

International law for companies in Brazil

If you live in another country and are interested in starting a company in Brazil, the first step is to find a good law firm. Regardless of your company’s area of expertise, the assistance of a good lawyer will be required. Below are some ways that a business lawyer can help your company even from afar:

  • Indicate which are the best foreign investments for the company;
  • What steps and documents are needed to open a headquarters in Brazil;
  • Promote the nationalization of parts and products;

In addition, it is essential to keep a lawyer in the country to deal with risk in Brazil. The lawyer can make a more accurate reading about the risks of investments in Brazil and what is the best way to maintain the success of your company

Business lawyer X Financial negotiations

Those who believe that to create a successful business it is necessary for the owner to have great experience with market negotiations can be terribly mistaken. The truth is that anyone can invest in a financial project, as long as they have the support of experienced professionals.

A critical eye for negotiations is not always an easy skill to obtain, especially when the person managing this action also has other responsibilities. In cases similar to this, the business lawyer acts strategically and quickly when evaluating the desired negotiation and advising managers whether or not to go ahead with the idea.

It is also necessary for the business lawyer to create creative strategies to achieve the objective of the negotiation with the least possible financial loss. So, the business lawyer also needs to study the companies that relate to his business, in order to know what he can offer during negotiations.

In this way, it is possible to perceive that the business lawyer has a very extensive area of ​​expertise and needs to know several areas of the business that he provides assistance.

Is the business lawyer responsible for all the documents of a company?

It’s not a secret that successful companies deal with a lot of paperwork. If you manage a company and are finding out a little more about the business lawyer, you may be wondering if this professional is responsible for all the paperwork. The answer is: it depends!

It all depends on two factors: what is your company’s area of ​​activity and how the business lawyer acts in your business.

In fact, a lawyer with business expertise has the ability to evaluate the most diverse types of documents. But, it is not always necessary for him to evaluate them in depth. Generally, this type of professional focuses only on the bureaucratic part of the business, that is, those documents that deal with legal resources, taxes and the company’s situation before the courts.

In addition to evaluating contracts, the business lawyer can also be responsible for creating them, and for that, he needs extensive communication with the company. The areas of finance, management and human resources must contact the professional to ensure that the contract meets all the company’s requirements.

It is quite common to find professionals who try to manage paperwork from all areas of the company and end up creating disadvantageous situations. This is because the lawyer’s focus is spread out and this hinders critical thinking, especially about areas that need more attention.

So, if you own a business and are thinking about hiring a business lawyer, it is ideal that you decide in advance what your areas of practice will be. With this, you speed up the lawyer’s work and ensure that the hiring will bring the best results for your company.

What is compliance and what is it for?

To understand what compliance is and what is the role of the corporate lawyer in this matter, it is necessary, first of all, to understand the following thought:

Currently, the market demands much more from companies than results. To be considered a successful company, some characteristics are necessary:

  • Ethical behavior;
  • Company transparency;
  • Serve products or services efficiently.

All these characteristics are part of what is understood as Compliance.

In this way, compliance can be understood as a tool that allows the company to stand out in the market due to its posture. Today, customers are not just looking for quality service and good prices, as there are thousands of companies that provide this. What makes a company stand out is how it communicates with its customers and how it builds a loyal relationship with them.

The role of the business lawyer in this scenario is to study the needs of the market and create ways to meet them through the company.

How does a company put the compliance technique into practice?

There are several ways to use compliance to improve a company’s image in the market. Among them, the following stand out:

  • Encouraging the company as a whole to have ethical conduct through internal policies;
  • Prevent illegal attitudes;
  • Increase security against irregularities and fraud;
  • Reduction of fines due to the malfunction of the company’s legal area.

By incorporating these attitudes, the company obtains several benefits such as:

  • Approaching collaborating companies that have the same ideals;
  • Better investment of financial resources;
  • Attracting new customers who identify with the brand;
  • Increases the knowledge of owners and employees about the company’s culture.

If you are interested in bringing this tool to your business, count on the help of Monteiro Verdasca Advogados.

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What happens if an entrepreneur starts a business without the help of a business lawyer?

Starting a business can be extremely scary, even more so when this is your dream. In every business action there are risks that involve the business and can be harmful to the company. Therefore, it is recommended that studies be carried out regarding the company’s area of ​​activity and which obstacles are most likely to be faced. To help you in this task, there is the business law.

A business lawyer does not  only work when a company is already active in the market. Although the corporate lawyer is essential for the management of a successful company, they are a game changer when entering the roles of a company.

Anyone who has never had a business may find it difficult to find out what documents are needed to open a business and how to gather them. With the help of an experienced business lawyer, you have access to this information in a much simpler and faster way.

In addition, counting on the help of this professional at the beginning of a business can avoid several problems in the future. As the business lawyer has experience, he will be able to tell you what steps you will need to take in the future. This will keep the company profitable and legal according to the guidelines of the Supreme Court.

The performance of a business lawyer is super extensive and can be performed in different ways in different areas of the same company. Hiring this professional brings benefits at all stages of building a company, from its birth to its peak.

When hiring the service of a business lawyer, it is common that you come into contact with some terms that may sound strange. Two examples of these terms are: Legal advice and legal consultancy. Although similar, these terms refer to two different aspects of business law. See below what each of these terms means and how they are used in companies:

The term legal consultancy refers to the attitudes taken by business law professionals with the aim of preventing future problems. The business lawyer studies the company’s goals and suggests some steps to achieve the expected result.

This professional is not responsible for creating changes in the company, he only directs the sectors to legal improvements. This means that much of their work consists of analyzing data and connecting those results with business ethics and theory.

Many businesses experience difficulties due to the company’s lack of connection with employees. This is another problem that can be solved with the legal consultancy of the business lawyer, since he has deeper access to this information.

In this way, a company with intelligent management makes use of the data and advice offered by the business lawyer and promotes updates in the daily life of the business. Here are some ways to put this into practice:

  • Promote lectures with the team;
  • Manage training;
  • Problem solving more creatively and efficiently;
  • Improve communication between different areas of the same company.

Legal advice or business advice, on the other hand, focuses on maintaining the measures taken during the period of damage prevention in a company. Unlike consulting, legal advice aims to strengthen the legal area and provide legal support for the business.

Professionals who work as advisors generally act in a very specific way according to the area in which they have more experience. That way, they have more freedom to perform three actions:

  • Identify problems in the company;
  • Suggest solutions;
  • Put these ideas into practice.

The biggest benefit of this service is that it is constant and is always being updated to adapt the company to market demands. With this, entrepreneurs do not need to look for new professionals to solve specific problems, as they already have a lawyer who deals with these demands efficiently.

Monteiro Verdasca Advogados provides a benchmark for excellent legal consultancy and is prepared with excellent professionals who will assist you in this task.

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How does the corporate lawyer map out the risks that the company may face in the future?

Have you ever heard of a business risk map?

This practice is not that recent, but it remains extremely important for the success of large companies.

Risk mapping is a practice that involves three main steps:

  • Identify in advance the main risks that the company is exposed to;
  • What are its probabilities of occurrence;
  • What measures should be taken in critical cases.

Risk mapping is part of the compliance techniques and can be carried out together with the other measures of this activity.

Among the main risks identified by a company, the following must be present:

  • Financial risks;
  • Economic risks;
  • Political risks;
  • Health risks;
  • Security risks;
  • Environmental risks;
  • Operational risks;
  • Strategic risks;
  • Corporate risks.

All these topics can be evaluated and identified by a specialized professional such as a business lawyer. These attorneys help the company create advance damage containment plans that prevent the company from wasting time and money.

With this, the company promotes more security for the market and also for all employees in the work environment.

What are the most common contract management problems in the corporate environment?

In addition to preventing problems, the corporate lawyer also works with the management of crises generated by bureaucratic problems. A very common issue in large, medium and small prey is contractual problems. Therefore, there is a need for the intervention of a business lawyer to ensure the company’s rights. Below are some of the most common contractual problems in companies and offices around the world:

Incorrect calculation of overtime

One of the biggest problems faced by large companies is the incorrect calculation of overtime pay. This happens very often when there are many employees and the working hours are extensive.

With the help of a business lawyer, it is possible to create ways to assess this problem and create efficient ways to avoid them for the well being of the company and also of the employees.

Delay in payment of salaries

Late payment of employee salaries is a problem that is usually related to the lack of organization of the business. A good business lawyer works to adapt the company’s operation, so that there is planning regarding the payment. In this way, several uncomfortable situations are avoided, such as intrigues in the work environment and legal confrontations.

How can a business lawyer use property shielding?

Market instability can be both good and terrible for a company. This is because the business is subject to change beyond the control of private management. In other words, public actions and events can cause such intense impacts that they negatively affect the operation and performance of some companies.

To prevent this from happening, there is property shielding.

Property or asset  shielding is a term that refers to measures taken to protect the assets of individuals linked to a company.

Actually, no one would want to run a business by thinking about all the situations in which it could go wrong. But this is a necessary thought that can avoid even greater problems, especially for partners, managers and investors of large companies.

The main objective of asset shielding is to prevent private property from being related to the company, so that they do not suffer legal retaliation. This situation is common in bankruptcy and default cases, when the owner needs to use his personal assets to pay business debts.

To prevent this from happening, the business lawyer carefully evaluates all the assets of the person in question and adapts plans in line with each situation.

It may seem strange, but the corporate lawyer acts intrinsically to a company’s investments.

Commonly, there is a team that assesses which investments should be made by a company for it to grow in the market. However, in some cases this is not enough.

Some companies suffer from deeper difficulties that are not resolved by professionals, who, despite being excellent, do not have a legal view of the business. And that’s where the business lawyer comes in.

Companies that deal with the capital market are more subject to the need for assistance from this professional, since they deal directly with the capital market. The capital market covers the entire operation of investing through the purchase and sale of assets.

The role of the business lawyer in this scenario is to ensure that the decisions made by the logistics and investment teams are in accordance with the company’s guidelines. This professional assists the company through the following measures:

  • Opening and closing of capital;
  • Structuring an investment fund;
  • Structuring public and private offers of real estate securities;
  • Customer representation;
  • Legal advice and consultancy;

Therefore, to ensure that a company’s legal issues are respected during the investment process, the evaluation of a business lawyer is necessary.

Monteiro Verdasca Advocacia is prepared to judicially assist you and your company. You can contact our law firm through the form, WhatsApp, or call.

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+55 (61) 3251-4501

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Monteiro Verdasca Advogados é reconhecido internacionalmente por ser um escritório que entrega os melhores resultados no direito empresarial, societário e médico.

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