The process of creating a corporation through legal means is commonly referred to as incorporation. Such a legal and formal process results in the establishment of an independent legal entity that remains distinct and separate from its owners or shareholders. The process of incorporation necessitates the official registration of a business as a corporation with the pertinent governmental body, commonly entailing the submission of articles of incorporation accompanied by a requisite fee.
Incorporation provides several benefits to business owners, including limited liability protection, the ability to raise capital through the sale of stocks and bonds, and the ability to operate in perpetuity. Incorporation also provides a formal and recognized legal structure for the business, which can enhance its credibility and reputation.
To incorporate a business, the owners or shareholders typically need to choose a corporate name, decide on the type of corporation they want to form (such as a Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations). We then prepare articles of incorporation that outline the basic details of the corporation, such as its purpose, structure, and ownership.
Upon successful submission and approval of the articles of incorporation by the appropriate governmental authority, the corporation attains legal status as a distinct entity that is detached from its proprietors. Subsequently, the corporation is able to allocate shares of capital stock, designate individuals as officers and directors, and engage in commercial operations.
Incorporation offers a variety of advantages and safeguards to business entities and their proprietors, rendering it a critical measure for enterprises seeking to institute a structured legal framework and function as an autonomous legal construct.
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Intellectual Property (IP) is described as the creation of the mind. Intellectual Property Rights (IPR) bestow upon the inventor/creator or their assignee a solitary right to completely employ their invention/creation for a specified duration. It is widely acknowledged that IP assumes a pivotal function in contemporary economics.
The significance of intellectual labor in innovation has been firmly established, as it constitutes a crucial factor in ensuring that public benefit is derived from such endeavors. The realm of research and development (R&D) has witnessed a substantial surge in costs, accompanied by a corresponding increase in the required investments for commercializing a novel technology.
Although all doctrines of IP are intangible, IP has acquired the same attributes as tangible property. Most forms of IP can be registered, sold, leased, transferred, licensed and used as security. Further to the foregoing, Kenyan law requires that all forms of IP regardless of their place of registration to be recorded with the Government.
In IP registration, we aid in: Conducting searches to ascertain the credibility of the applications; drafting specifications, lodge applications; give clarity on any issues that arise from the applications; advise and defend clients on issues relating to registration or protection of IPR; and commercialization of IP. Further, we advise and litigate on trade secrets and traditional Knowledge. The Firm also advises on Collective Management Organizations in Copyright and undertakes Recordation of IP.
Corporate law is a legal area that presides over the conception and functioning of companies. This pertains to the fields of contract and commercial law. In conformity with state regulations, a corporation represents a commercial enterprise structured as a legal entity. The regulation of the establishment, structure, and cessation of corporations is governed by varying legislations across distinct jurisdictions. A corporation is a legal construct that exists as a separate entity from its shareholders, possessing the capacity to engage in contractual relationships, institute legal proceedings, and undertake other operations necessary for the maintenance of a commercial enterprise such as: Sole Proprietorships, Companies, and Partnerships. Religious bodies, local churches, and Non-Governmental Organizations.
Mvera, Nyanje & Mambo Advocates LLP (MN&M) has an elaborate division in authority for: actualizing or guide in the: registration of corporate bodies; Management of the corporate bodies; and dissolution of the same. In the management of corporate entities, the Firm conducts legal audits to confirm compliance of the entities with the laws in place. The essence of the legal audit is to avoid criminal liability and increase the chances of winning any legal suit to 98%.
Further, the Firm undertakes:
In commercial transactions, the firm has extensive experience in: conducting due diligence; drafting; executing; editing; perusing and advising on: Purchase & Sale Agreements; Non-Disclosure & Confidentiality Agreements; Capital Equipment Purchase and Leases; Commercial Security Agreements; Commercial Property Leases; Construction Contracts; Consulting Agreements; Distribution, Dealer, and Sales Representative Agreements; Employment Agreements; Guaranties for Financing; Inter-Creditor, Subordination and other Banking and Lending Agreements; Joint Venture Agreements; Loan Agreements; Mortgages, Liens, Deeds and Easements; Security Agreements/Instruments; and Shareholder Agreements among others.