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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Doing Business in the BRICS: A Practical Legal Handbook

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Edited by: Ravi Nath

ISBN13: 9781905783816
Published: January 2013
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £120.00

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Since the term ‘BRIC’ was coined by Jim O’Neill of Goldman Sachs - and initially dismissed by many as mere hype - it has become a ubiquitous financial term. At the time, it was predicted that by 2041 - subsequently revised to 2039, and then to 2032 - Brazil, Russia, India and China would become the future pillars of the 21st century, easily surpassing the six largest western economies.

The ongoing global crisis has forced the world to look for opportunities outside traditional economic strongholds. Meanwhile, the BRICS – now also including South Africa – have evolved as a cohesive bloc with certain common features: a robust banking system, spectacular growth rates, a young population and, for several, mineral wealth. The Chinese economy, at about $5.9 trillion, has become the second largest in the world; at about $2.52 trillion, the Brazilian economy leads the United Kingdom’s ($2.48 trillion). In demographic terms, the BRICS are also home to the world’s two most populous countries.

The BRICS markets will present tremendous growth opportunities in the coming years, and one day might comprise a bloc resembling the European Union - albeit geographically separate. They are now holding formal BRICS summits to discuss a range of issues, including closer cooperation on energy, food production, trade, investment, science, technology and infrastructure.

This new book will provide an overview of the BRICS nations. Each chapter is authored by experienced lawyers, who will provide insights on demography, political and legal systems (including investment regulations, competition policies, IP laws, taxation and labour laws) in a clear and comprehensive manner. The book will serve as a preliminary and practical guide for lawyers, investors, corporations and entrepreneurs regarding the mode and methods of doing business in these jurisdictions

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International Trade, International Investment Law
I. General information
1. Economic-geographic location
2. Major industries
3. Political system
4. Legal System

II. Foreign investment rules
1. General regulation
2. Restrictions for foreign
3. Control by state authorities
and reporting
4. Currency control
5. Repatriation of dividends

III. Migration rules
1. General rules
2. Types of visas and entry
3. Employment and work
4. Permanent residence and

IV. Companies and corporate
1. Forms of doing business
e.g. for Russia:
1.1. Individual Entrepreneurship
1.2. Limited Liability Company
1.3. Joint Stock Company
1.4. Branch office of a foreign
1.5. Rare types
2. Incorporation of a legal entity
2.1. Terms
2.2. Requirements, etc.
3. Corporate governance rules
3.1. Executive bodies
3.2. Decision-making, etc.
4. Capital markets
V. Trade and commerce
1. General overview of
commercial contracts
2. Conclusion of a foreign
trade contract
3. Choice of law

VI. Antitrust and protection
of competition
1. General rules

VII. Licensable activities
1. General overview
2. List of activities
3. General procedure of
obtaining a license
4. Other forms of control
(e.g. for Russia – selfregulating
special permits, etc.)

VIII. Real estate
1. Obtaining ownership
or lease rights
2. Registration of rights
3. Buildings
4. Lands

IX. Construction
South Africa

1. Permissions and requirements
2. Control
3. Registration

X. Labour law
1. General rules
2. Main restrictions (minimum
salary, maximum working
day, overtime, minimum
vacation, etc.)

XI. Intellectual property

XII. Taxation
1. Types of taxes and tax rates
2. Avoidance of double taxation

XIII. Litigation and dispute
1. General information and
types of courts
2. Commercial Courts
2.1. Filing a claim
2.2. Procedure of a hearing
3. International Arbitration
4. Enforcement of a judgement
4.1. Enforcement of a foreign
4.2. Enforcement of an
international arbitration