Johnson City Startup Attorneys & Lawyers

What are Representations and Warranties?

Representations and warranties in business contracts provide facts (representations) and security against loss (warranties) if the statements made are not true. Representations and warranties may also be shortened to "represents and warrants" in a contract.

If the representation in the contract is found to be false, it is called "inaccurate," while a false warranty is considered breached. Representations always refer to past information, as it is impossible for a company or individual to present future information as factual.

Every contract between two parties includes representations and warranties. For example, if you decide to go to an auto dealership to buy a car, you would enter

...

What Is an Arm's Length Transaction?

"Arm's length" refers to a legal transaction in which buyers and sellers of products or services have no relationship to one another either by blood, marriage, or business dealings. Without a relationship, buyers and sellers can act independently. Without previous ties, an arm's length transaction makes sure neither person feels pressured by the other or acts in connection with one another.

The idea of an arm's length transaction, also known as an arm-in-arm transaction, came about in the real estate market as a way of handling tax authorities. Generally, family members and businesses with related shareholders are not acting at arm's length, which can cause ethical problems. Such ethical issues include a company's supervisor who forces an employee, under the threat of termination, to buy real estate using the boss's name.

In the 1997 case McNichol et al v. The Queen, the tax judge

...

Updated June 25, 2020:

What Is a Subscription Agreement?

A subscription agreement is between a company and a private investor to sell a specific number of shares at a specific price. This investor fills out a form documenting his or her suitability for investing in the partnership. A subscription agreement can also be used to sell stock in a privately owned business.

Subscription Agreement: What Is It?

The subscription agreement is used to keep track of how many shares have been sold and at what price the shares sold at for a privately held company. The subscription agreement details all the information about the transaction, such as the number of shares and price, and confidentiality provisions.

Some agreements include a specified rate of return that investors are guaranteed to receive. That might be a percentage of the company's net in

...

Updated August 30, 2022:

What Is Cyber Law?

Cyber law is any law that applies to the internet and internet-related technologies. Cyber law is one of the newest areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet."

Cybercrime and Cybersecurity

Areas that are related to cyber law include cybercrime and cybersecurity. With the right cybersecurity, businesses and people can protect themselves from cybercrime. Cybersecurity looks to address weaknesses in computers and networks. The International Cyberse

...

What Is Cumulative Preferred Stock?

Cumulative preferred stock is a type of preferred stock that provides a greater guarantee of dividend payments to its holders. The “cumulative” in cumulative preferred stock means that if your company suspends dividend payments, the unpaid dividends (known as dividends in arrears) owed continue to accrue.

If you decide to restart dividend payments, you must pay all accrued dividends to cumulative preferred shareholders before making any dividend payments to common shareholders. Non-cumulative preferred shareholders, on the other hand, would only be paid dividends from the time your company restarts its dividend payments, and would have no right to receive payment for dividends in arrears.

The cumulative return can be r

...