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Drafting Legal Opinion Letters

Legal Opinion Letters Formbook 2nd ed

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Product Description
<p>The demand for legal opinions is growing while the ground rules keep changing. Keep abreast of the latest developments with the third edition of <b>Legal Opinion Letters</b>. This unique guide covers all aspects – drafting, requesting, receiving, interpreting and evaluating – of both client and third-party legal opinion letters. </p> <p><b>Legal Opinion Letters</b> provides comprehensive coverage not only of the standard corporate and se… More >>

Legal Opinion Letters: A Comprehensive Guide to Opinion Letter Practice, Third Edition

One of the most important components of any TIC investment is the TIC: attorney opinion letter. Most PPMs of securitized TICs will, or at least should, include the TIC: attorney opinion letter, and so it is something that all investors and potential investors should be aware and understanding of.

What it is

The TIC: attorney opinion letter is used in particular situations. Occasionally, TIC interests are treated as real estate rather than as securities, and in this situation a TIC: attorney opinion letter can be used.

Sponsors here obtain legal opinions from their own law firms, stating that the TIC interests they are selling are interests in real estate, rather than securities. The client can then use this opinion and rely on it, and can even seek to obtain damages from the party that gave the opinion if any of it proves to be false or if the opinion turns out to be incorrect in some way.

TIC promoters and investors in TICs should exercise all the caution and prudence that they can, in order to best protect themselves and also to ensure that the entire process goes through as smoothly as possible. There are many ways that one can do this, one being that if the Master Lease arrangement should be used to avoid the prohibition on the use of a single name.

In this and similar cases, a TIC: attorney opinion letter should be obtained in order to negate any possible tax penalties.

Pros and Cons

In general, it is important to be aware of the pros and cons of something before going through with it, and the same rule applies to the TIC financing option. There are a lot of different factors that one should consider when purchasing a TIC. Whether there have been any evictions on the property they are considering, how long the current TIC partners have been in place, and how many units are in the building, for instance, are all relevant and very important to take into consideration here.

Although they do hold many benefits, TICs are also quite risky, and are subject to changes in legislation that could offer a negative blow at any point. Because of this it is important for anyone even just considering investing in a TIC to make themselves more educated and to speak to a professional in this area so they can get help in deciding whether this is going to be a smart financial move for them or not.

An interesting book, certainly, and as it says invaluable, take a good look.

Product Description
Legal Opinion Letters Formbook is an invaluable resource when you need to render a legal opinion letter on topics from commercial transactions to real estate lending, intellectual property to insurance coverage, securities law to corporate status, and much more. This one-volume guide provides you with: – More than 60 comprehensive illustrative forms prepared by leading experts in their respective fields – Chapters written by 22 noted experts – Clear ex… More >>

Legal Opinion Letters Formbook, Second Edition

Now this is just plain, wrong, but the world is different even in the usa, right?

Pensions are an important portion of our assets. Commonly when couples register for a divorce, pensions are not included in the total assets. Pension can be a important portion of any person’s overall income but most people forget to include it while calculating the assets.

This debate has been running for long and couples have always been confused whether pension should be counted in the overall assets while filing a divorce. This looks to be a tough subject to many and you will find more of your questions answered here once you have read more.

The asset division in every divorce case may be different and it depends upon many factors. If you believe that it is the same in every legal case, then you may be wrong. There are a few regulations but then the final settlement may not be identical for different couples.

The pension divorce calculators can be employed to have an idea about how the pension must be divided among the two. It is then up to the court to make a decision on the final agreement about how the pension and other assets will be split.

Such a situation may at best be averted and you must make an arrangement yourself after taking the suggestions of your attorney.

In divorce cases, conflicts related to pensions may get complicated. So there is a requirement for a attorney to chip in to make an arrangement that is good for both the parties. As the couple can not reach an arrangement on their own, it is necessary to take help of an expert divorce and pension attorney.

You may finally decide on something that is suitable to you and your lawyer can aid you in every way to suggest something as per the pension divorce calculator.

In many cases, the wife does not demand the husband’s pension. But if she has done her homework and the lawyer is ready to ask for it, then she may get successful.

Porsche AG’s decision on raising its stakes in Volkswagen AG, Europe’s largest carmaker and brand of popular auto parts like Volkswagen head gasket, will depend on the advisory opinion that will be released next week by the European Union’s highest court. The opinion on the legality of the so-called Volkswagen law which protects the automaker from possible takeovers and limits the voting rights of shareholders to 20% regardless of the size of their stake will be published on February 13, 2007.

The European Court of Justice in Luxembourg which in most cases follows its advocates-generals’ advice is expected to rule in the next six months. Porsche, which is to date the largest shareholder in Volkswagen with 27.4% stake and soon to increase to 29.9% upon the approval of the board, would like to be given more privileges especially with regards to Volkswagen’s management.

In the year 1960 there was a decision passed against the so-called Volkswagen’s law which would have given Porsche the decisive vote in Volkswagen’s management decision and signals a possible takeover move by the automaker stated Stephen Pope, the head of equity research at Cantor Fitzgerald Europe in London. He also added, “The time has now come where Volkswagen law has to be curtailed in line with 21st century market economics. Porsche is on the cusp of where it has 30% and this will clear the way toward a full acquisition.”

Lower-Saxony is where Wolfsburg-based Volkswagen and four of its factories are based and the automaker’s second largest shareholder with a stake of about 20%. The Volkswagen law allows any investor with a 20% stake veto powers over major decisions such as those that concerns factory closing and capital increases.

It should be noted that during the December 12, 2006 hearing, the European Commission, EU’s Brussels-based regulator in a court hearing, restricts the free movement of capital, comparing the law to special holdings, or “golden shares” that some countries hold in former state monopolies. The court has agreed with the regulator in such cases in the past and even forced countries like France, UK and Spain to give up these powers.

Last year the German government told the EU court that the law just can’t be labeled discriminatory simply because an investor is given a limited 20% minority right. The supervisory board of Porsche maker of the remarkable 911 Carrera, has approved increasing its stake in Volkswagen to 29.9% as of last November 15, 2006. A month after, Porsche CEO Wendelin Wiedeking has told reporters that there were no immediate plans for a complete takeover of Volkswagen but its not ruling out the possibility of an eventual offer.

Porsche wants the Volkswagen Law overturned since it gives the government a significant influence on the management of Europe’s largest automaker and hinders the shareholder’s own voting power to reflect its stakes. And according to Porsche Spokesman Frank Gaube, “The Volkswagen law is an anachronism.” The case is C-112/05 Commission v Germany.