What Is a Corporate Lawyer?
To understand what a corporate lawyer does, it is essential to understand how a corporation legally operates. The term corporation refers to a business structure created and regulated by state law. More specifically, a corporation is defined as a legal entity separate from its owners.
This means the corporation has shareholders, who each own a piece of the company. Further, this means that only the corporation can be held liable for corporate obligations, such as maintaining certain business records.
There are several different types of corporations. Generally speaking, a corporation is classified according to specific factors. Some examples of this include:
- Their tax structure;
- The purpose of the corporation; and
- The number of shareholders and the amount of stock to be issued.
Some common forms of corporations are:
- Business Name.
- Private Limited Company.
- Public Limited Company.
- Company Limited by Guarantee.
- Limited Liability Partnership.
- Limited Partnership.
- Foreign Company.
- Trusts.
It is important to note that when someone mentions the term corporation, they usually refer to the two main categories that corporations are divided into according to tax laws.
A corporate lawyer may be called an “in-house” lawyer.” This is a lawyer employed directly by a corporation and does not work for a firm retained by the corporation. Large corporations may use a whole department of in-house lawyers to service the corporation’s legal needs. Corporation lawyers are typically hired before the corporation is even formed, as correctly forming a corporation requires numerous legal documents and a registered agent to accept legal service on the corporation.
What Kind of Matters Do Corporate Lawyers Handle?
As many corporations engage in various business activities that require systematic legal attention, hiring in-house lawyers is generally more cost-effective than retaining a law firm. Corporate lawyers’ types of matters can vary widely based on the type of corporation and industry. A corporate lawyer’s services are most commonly required to:
- Negotiate and draft contracts that are required for various corporate business activities;
- Ensure corporation compliance with hiring and firing anti-discrimination laws;
- Monitor compliance with work wages, hours, and employee benefits laws;
- Provide general legal oversight, compliance, and due diligence; and
- Supervise the work of any outside lawyers who are hired for specific purposes.
It is important to note that the role of a corporate lawyer can be compared to that of a family doctor for the entire corporation. Corporations often face legal issues which require specialised assistance that the corporate lawyer cannot handle. For example, if a legal action is filed against the corporation, a corporate lawyer will not generally hold the lawsuit. Instead, the corporate lawyer will utilise their contacts with another lawyer who may specialise in that area of law.
For instance, if the corporation is being sued for violating another corporation’s intellectual property, the corporate lawyer may hire an outside intellectual property firm to represent the corporation on that matter. However, a corporate lawyer may handle some legal actions internally, especially if the lawyer has various legal specialisations.
How Can Corporate Lawyers in Kenya Help?
A corporate lawyer can help business owners because they have a greater understanding of what it takes to run a business, especially in legal terms. They can provide expert advice regarding any legal obligations, rights, and responsibilities the corporation should know. A corporate lawyer can also coordinate with other transactional lawyers to address speciality issues such as taxes and real estate.
Corporate lawyers work to ensure that the provisions of contracts are clear and legally enforceable so that such contract terms will not cause issues for their clients later on. They structure transactions and draft documents. Additionally, a corporate lawyer can negotiate deals on behalf of the corporation that they represent, attend meetings, and make calls.
Generally speaking, a corporate lawyer will have a specific skill set that enables them to provide the best possible legal help to their corporate clients. One set of these skills includes strong communication skills, both written and verbal. Another example is that most corporate lawyers will be greatly interested in expanding their knowledge base as corporate law is a diverse practice area constantly evolving and updating.
Should You Hire a Corporate Lawyer?
As can be seen, a corporate lawyer is an essential element of any business. Thus, you should consult a corporate lawyer to start a business, especially a corporation. An experienced and local corporate lawyer can help ensure you adhere to all necessary laws and regulations and provide representation should any legal issues arise.
Remote Corporate Lawyers in Kenya
Our lawyers work remotely, which not only helps to reduce costs but also provides us with the flexibility to engage with businesses from anywhere in the world. Rayness Analytica has years of experience in remote engagements, supporting onboarding and managing thousands of remote relationships.
If you have further questions or concerns, please contact us through our Contact Us page. We aim to become your preferred choice for corporate lawyers in Nairobi, Kenya.
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