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Abusing coming from setting up an office in Hong Kong

Abusing the Corporate doctrines and some legal proceedings pertaining to this abuse

We have outlined, corporate law, discussed doctrines of separate entity and limited liability in our previous blogs. But, we must not ignore the probability of Corporate frauds, yes, they do happen after setting up an office in Hong Kong and more interestingly, happens abusing the duo of above-mentioned doctrines

How this abuse happens- General Views

Duo of separate entity and limited liability can be mortal, though it has chain of benefits, but, still prone to abuse. Let’s understand it with the example, where company’s capital starts to shrink after setting up an office in Hong Kong, not surprisingly but with the mal-intention, so that company may bankrupt, and deficiency of funds would lead to the situation where company does not have enough funds to meet the claims of creditors. An example in Hong Kong absorbs this idea of abuse where restaurant was being operated through a company, owners of the restaurant closed the business with wages and other payments, left unpaid, just for the fact that they may replicate the business model, and may have no competitor against them, quite a selfish approach- but probability of selfishness do exist in corporate world.

It was then sought that, this abuse can be prevented for Hong Kong businessmen after their setting up an office in Hong Kong with the help of doctrine named “Doctrine of Piercing or Lifting Corporate” which provides the provision to impose liability of the company to the person managing it, they can either be the shareholders or directors of the company. This doctrine deems to negate the concept where company, is treated like a separate person. There is a matter of notice which prohibits use of this doctrine to amend trust law or other company’s law, this must be remembered that this doctrine is meant only to expose the faces behind corporate frauds and nothing more than it. Therefore, there is a need for proper definition of this doctrine so that it may too, do not get abused.

Doctrine of Lifting Corporate Veil with reference to Common Law

Possibility exists where this doctrine may prone to abuse too and therefore, piercing of corporate veil must be subjected to exceptional circumstances only as long as Hong Kong small business start up has been operated. Uncertainty in application of this doctrine exists, on the grounds, of being this law very confusing. It’s the believe of the Court, this doctrine be applying, in only those cases where justice demands it, but it is certain that justice might support the principles on which this doctrine considers to be applied and therefore, just to serve justice, court is not entitled to apply this law.

Company- A Sham?

To test the situation that whether there is need to apply this doctrine exists or not? The House of Lords, formulated the test which suggests that “Piercing of Corporate Veil” should only be applied even for a Hong Kong small business start up, where there is possibility of concealment of facts by the company and company be regarded as sham. Calling company- a sham? Isn’t it humiliating to the company who has met all the requirements of the companies ordinance and incorporated as a result of this fulfilment of these requirements? Yes, this do sound humiliating and supports the view emphasising on the caution before piercing the corporate veil.

In Winland Enterprises Group Inc v Wex Pharmaceuticals Inc, Hong Kong’s court of appeal acknowledged the fact that: “Piercing of corporate veil should be used carefully and must be used only, where there is cover of the controller to dodge any legal obligation or liability”.

During the proceding Hashem v Shayif, Munby J reviewed English cases implying use of this doctrine and he concluded some principles under which, this piercing of corporate veil is allowed:

  • Just because justice demands it, Court is not entitled to use pierce the corporate veil.

  • For any offensiveness, piercing of veil can be sought.

  • Just because of company’s presence in the offensiveness, court cannot pierce the corporate veil. There is the need of having this linked to company’s structure to vague liability.

  • It is mandatory for the court to show the control of both offenders and offensiveness, in case Piercing of corporate veil deems applicable.

  • It should be established that were there any disguise at the time of transaction or not? because Company is façade, even it was not initially incorporated with the intention of fraudulency.

  • If court intends to provide remedy against the fraudulent act of the company’s controller, in such scenario, Piercing of Corporate Veil can be invoked.

There is the need to take notice of one establishment that, invoking doctrine of Piercing corporate veil for one reason, should not be considered as it was invoked for all other reasons too, as all principles extends to the circumstances and no confusion is deemed to exist there.

During the prosecution of Prest v Petrodel Resources Ltd. Majority of the UK’s Supreme Court admired the provision of “Piercing of Corporate Veil” with the emphasis on the fact that its use must be restricted to the conditions where no other law is applicable, as this doctrine is not meant to abuse other laws, but to facilitate justice in case of non-availability of any other law. Not all finds their self in consensus with others opinion and here, Lord Sumption showed his disagreement with these views and deemed to confine the scope of this doctrine and in his arguments, he said “referring to the cases where corporate veil was pierced, there were the involvement of either concealment principle or evasion principle. He, then explained Envasion Principle by saying:

The court may pierce the corporate veil, if it intends to make the company’s executive and company itself, deprived of advantage of company, being a separate legal entity being consideration as to like more cases for Hong Kong small business start up. The principle is limited one and it has been seen that where the test is satisfied, the facts disclose a legal relationship between a company and its controller thus making piercing of corporate veil unnecessary. But remaining cases of said category recognises the abuse of this corporate veil to frustrate the law and this issue can be addressed by disregarding the legal personality of the company, which, I, believe consistent with the authority and long-standing principles of legal policy” as far as concealment principle is concerned, he says that this principle does not involve use of this doctrine. But, Lord Sumption discouraged the suppression of identity of real actors responsible for this corporate abuse and must not be given opportunity to hide behind this principle of concealment.

Extending his views, Lord Sumption said:

Court deems to look for the facts which corporate structure tends to conceal and thus Court is not ignoring corporate façade”. He was not alone in his view; Lord Neuberger joined and extends his agreement with Lord Sumption’s views on evasion principle.

Searching for a portable generator?

Do you also get overwhelmed by the number of devices that are in the electronics market right now? The current rate of new emerging technologies turns the search for a portable generator into a very daunting task. That’s not all, right now there are very many product reviews on the internet. There are even websites that have come up with comparisons such as honda vs yamaha generator. But still, there some that still can’t make up their mind on the portable generator that suits them most. Here are some of the features that you should look out for when shopping for a generator.

First of all portable generators have a different wattage. This is the amount of electrical power that the portable generator can produce per unit time. Before you buy it, add up the wattage of all the electrical appliances including light bulbs that you would like to be powered by the generator. If the wattage of the appliance is not indicated you can simply multiply volts by amps. It is usually advisable to go for a generator that has a wattage that exceeds the one that you desire.

Find out the noise level of the portable generator before you buy it. A noisy generator can easily ruin your wonderful experience especially if you are camping. Most of the current portable generators produce less noise than the prior ones. It is even possible to find a generator that can produce as little as 50 decibels.

The weight of the portable generator is something you should also consider. Are you able to carry the portable generator with easy? Or is it too heavy for you? In most cases, you will get to learn that the heavier the portable charger the more wattage it has. There are some that can a weight of as low as 30 lbs. Find the one that you can easily lift without compromising the amount of wattage you need for your appliances.

Effective Opportunities for Removing the Urine Odor for You Now

Professional dry cleaning of the mattress from the urine allows you to penetrate deeply into the depth of the mattress, and therefore – to destroy the pollution from the inside. It is carried out at home using an extractive method with the use of strong cleaning agents. Dry cleaning takes place in several stages:

  • A detergent suitable for your type of mattress is selected from the professional line. All professional products are environmentally friendly and safe for children and animals.
  • Using a special extractor vacuum cleaner, the detergent composition is sprayed onto the mattress. The cleaner under pressure penetrates into the deep layers of the product and destroys the pollution from the inside. The use of the urine odor remover is important now.
  • For stubborn stains, manual cleaning using stain removers are used – they are effective against any type of dirt, but are harmless to the upholstery and filler of the mattress.
  • The mattress is washed with clean water. At the same stage, excess moisture is obtained from it. Completely the mattress dries after cleaning for 4-10 hours in natural conditions.

Special perfumes help to completely remove the smell of urine from the mattress

Even if the stain on the mattress is not very large, dry cleaning is carried out on its entire surface. This is done to ensure that after cleaning the treated area does not differ in color from the rest of the area. After all, as a result of dry cleaning, the clean upholstery will become noticeably lighter than the untreated sides of the mattress.

Note!

  • Having found out a spot of urine on the mattress, do not rub it with usual household cleaning agents! Compositions for washing dishes, soap and other bottles of chemistry cannot cope with the stain, but irretrievably damaging the upholstery with divorces, you have every chance.
  • In the case of your independent attempts to clean the mattress with improvised chemicals – no dry cleaning service will give you a guarantee for work. Do not risk your mattress and better immediately transfer it to the hands of professionals!

Masters of “Eco-cleansing” will dry-clean the mattress from the urine of animals or clean the mattress from the urine of the child for 1 hour. Effective cleaning methods are there, strong detergents and our 7-year experience of dry cleaning of mattresses from urine and other types of pollution – guaranteeing the cleanliness of your bed and family health.If, after the mattress has dried, you will not be satisfied with the result, we will carry out a second cleaning at your own expense.

 

Offshore Oil Rig Jobs Are Tough, But Very Rewarding

Although a lot of job positions that are available on oil rigs are naturally very tough and physical, there are some companies that are willing to do everything they can to ensure that the you enjoy every single second that you spend working on an oil rig. A good example of this is the fact that some oil rig companies offer 4 or even 5-star hotels where their employees can stay, despite the fact that they are living far away from the civilization.

The employer will most likely provide you with everything that you need to survive – such as food and stuff like that, as well as pay all of your transfer and travel bills.

  • The Benefits of Working on An Oil Drill

When it comes to getting a job, there is a lot of different positions available, including drillman, derrickman, mudman, floorman, toolpusher, cleaner, crane operator, motorman, assistant drillman, electrician, storekeeper, rig welder, watchstander, safety man, rig medic, chief engineer and many more.

Many of these jobs require you to work for 14 days straight, but you can then take a 21-day long vacation. A significant number of people working on an oil rig are playing many different support roles, such as doctors and catering crew.

And another great thing about Offshore Oil Rig Living Quarters is that instead of having to work for 12 months straight, you only have to work six. If you enjoy traveling, then you are going to love this job.

The reason why is because this industry offers many different drilling positions, as well as the opportunity to travel to many different countries. This includes United Kingdom, United Arab Emirates, United States of America, Kuwait, Venezuela, Norway, Mexico, Russia, Canada and China.

  • It Is a Very Tough Job, But Also Very Rewarding

Drill deck workers usually make about $300 every day, which means that they make about $47000 per year. If you get a more specialized job, you will be able to make about $56000 per year, which is not a small amount of money. And if you manage to become a toolpusher, drill leader or supervisor, you can make anywhere between $75000 and $100000 per year.

Keep in mind that standard positions are very good as well, because they generally make between $50000 and $80000 per annum. If you manage to get a more advanced position, you can expect to make between $70000 and $220000 per annum.

  • What Is Life in the Middle of the Ocean Like?

Living in the middle of the ocean might sound scary and sometimes even impossible, but it is actually very interesting. The company will give you everything that you need to stay safe. This includes a pair of safety boots, a safety hat, coveralls and safety glasses. Keeping a good attitude is the key to success, but you also need to stay focused on why you decided to get a job on an oil rig. If you are considering such a job application, read this article.

If you love smoking cigarettes, there is a lot of special smoking rooms where you will be given special safety matches that you can use to light up your cigarette. And whenever you feel the need to eat something, you will have to take off your work gear first. An oil rig is a very special operation that runs all day long, and it runs every single day, and what this means is that you will most likely have to work a night shift every now and then.

Food, helicopters and medical attention are some of the most important things in this industry, so make sure not to upset the radio operator, chef or medic. Every single piece of lifting equipment has some kind of a special code on it. This code indicates that that particular piece of equipment was tested and proclaimed safe to use.

When it comes to working on energy jobs, make sure not to bring any illegal drugs, alcohol, weapons, flammable items, matches or knives with you. And regardless of what job you get, always remove a battery from your mobile phone or any other piece of equipment that requires them before checking in your luggage.

Keep in mind that if you are going to be transported by helicopter, they might take your mobile from you before you even board the helicopter. So, leaving it at your home might be the best choice.

Essential safety tips for glue gun users

Using a glue gun is a fantastic way to get the results that you want, with increased precision on application. Because the glue is hot, there are some things you need to consider when using it. Here are some safety tips for using a glue gun.

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Protective clothing

Before using this glue, make sure that you are wearing adequate clothing to protect yourself. This should include overalls, protective gloves and safety glasses.

Check the gun before use

Check that the cord is in working condition and not frayed anywhere and that the plug is safe to use. Make sure the on/off button is functioning correctly and the casing of the gun is intact to avoid leakage.

Optimum temperature

Ensure that the gun is at the temperature recommended for the glue. Check with the metal bonding adhesive manufacturer. Sticking to the guidelines ensures that the gun is not giving off toxic fumes, which can happen when the temperature is too high.

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Environment

Make sure the area you are working in is clean and dry and that there are no flammable materials in the vicinity.

Safety precautions

Make sure that you have a wire rack and a safety stand to place your glue gun on when not in use. Do not take your eye off the gun at any point; use the stand if distracted. Make sure that you never lay a hot gun on its side when setting it down. Place a drip mat underneath the stand to catch the drips from the gun.

Removing the nozzle after use

Make sure you remove the nozzle while it is still warm as you may damage it if you wait until it’s cool. Use protective gloves when doing this.

Correct usage

Make sure that you don’t tilt the gun or attempt to use it on an overhead item in case of dripping.

Additional safety information

Always check with the manufacturer or supplier, such as http://www.ct1ltd.com/product-applications/metal-to-metal-adhesive/, for additional safety information. The glue is hot and this can cause accidents in the workplace or at home.

If you ingest glue, make sure you drink plenty of water and seek medical attention. If you burn yourself, immediately submerge the affected area in cold water. If it gets in contact with your eyes, irrigate immediately and seek medical help.