Commercial law is an area of law to which legal entities or individuals carrying on a commercial activity are subject. This branch of law defines, among other things, the obligation to register these persons in the trade register on which their registered office depends, as well as the conditions under which they carry out their activity.
A natural person is subject to commercial law if his or her professional activity consists of habitually carrying out commercial acts. As a merchant, it must comply with commercial law, which may prohibit commercial activity by a person who has been convicted of certain offences. It may also make the operation of certain types of businesses subject to compliance with regulations (e.g., pharmacies and liquor stores).
A commercial lawyer in Geneva
Commercial law defines the rules that commercial companies must follow. Those who wish to create such a company can choose between the different legal forms provided for by the law. Secondly, they will be required to comply with obligations under commercial law, such as:
- the keeping of regular accounts
- the regular convocation of the associates in ordinary or extraordinary general assembly
- the respect by the directors of the limits to their powers set by the articles of association
- to refrain imperatively from any dishonest or unfair action (such actions may be subject to sanctions under the law of obligations or criminal law)
A commercial lawyercan help in a preventive way by drafting company statutes or commercial contracts. In case of litigation, the commercial lawyer will be able to defend you in court, especially if you are injured by a company that has not respected its commitments to you.