Entrepreneur Advocate Program
The services provided by the program.
First : The stage of establishing the institution or company
Feasibility studies
It is crucial for the entrepreneur to ensure the accuracy and reliability of the data and content within the economic feasibility study. This involves verifying its technical, financial, administrative, legal, and technological bases against real market data. In the event that the entrepreneur discovers any unfair or fraudulent practices in the study’s data prepared by the entity, they have the right to seek recourse through competent judicial authorities.
Preparing and reviewing signed contracts with the economic feasibility study preparation offices.
Reviewing the economic feasibility studies from a legal point of view.
Relationship between partners
Moreover, if there is a partnership, it is crucial to determine the relationship between the partners before proceeding with the acquisition of records and licenses. Considerations include:
- Contracts among owners or partners (articles of association and board meetings).
- Distribution of shares between owners or partners and their regulations.
- Regulation of shareholders and their numbers.
- Distribution of responsibilities among shareholders and legal mandates.
- The extent to which legal obligations may be waived.
- Preparing and reviewing partnership contracts and providing legal advice that ensures the highest levels of protection to the client.
Government registers and licenses
Before and when opening commercial records and obtaining the necessary licenses, the entrepreneur is expected to familiarize themself and determine the following:
- Requirements for trade name selection and registration.
- Types of businesses and their respective legal frameworks.
- Financial disclosure requirements applicable to the different types of businesses and individuals.
- Conditions and procedures governing the establishment of each business type and their related activities.
- General announcements from the Commercial Register.
- Obligations mandated by the Commercial Register.
- Documentation validating capital for registration with the Commercial Register.
In addition to other relevant legal procedures and aspects.
- Handling the registration processes with the official authorities promptly and efficiently.
Opening and canceling bank accounts
When it comes to the initial investment amount of the project, it is important to consider the following:
- Appropriate procedures for opening bank accounts.
- Necessary bank authorizations.
- Procedures and precautions regarding loans and bank facilities.
- Regulations of bank guarantees.
- Providing legal advice to open bank accounts.
Branding and intellectual property rights
Many entrepreneurs embark on developing a unique visual identity to distinguish their institutions and enhance their outreach. Additionally, they innovate and devise products and methods that require protection againsttheft. To ensure proper protection, it is imperative to adhere to sound legal procedures and consider the following:
- Local and global trademark registration regulations.
- Consequences of infringing trademarks owned by others.
- Procedures for pursuing legal action against trademark infringers.
- Types of intellectual property rights and patents.
- Regulations for registering intellectual property rights, both locally and globally.
- Protection of intellectual property rights.
- Appointment of an intellectual property power of attorney.
- Assuming responsibility for trademark and patent registration procedures, as well as safeguarding the client’s intellectual property rights.
Commercial agencies
Additionally, many local institutions seek to have agencies to represent international companies and products. Before proceeding in this aspect, we advise the entrepreneur to familiarize themself with the following:
- Types of commercial representation agencies.
- Commercial representation agency contracts.
- Procedures for registering commercial representation agencies.
- Procedures for renewing and dissolving commercial agencies.
- Preparing and reviewing commercial representation contracts, managing the registration process for commercial representation applications, and providing the necessary legal counsel.
Project infrastructure
uring the stage of establishing the project’s infrastructure, be it commercial, industrial, tourism-related, or otherwise, numerous legal obligations towards various stakeholders arise. The entrepreneur must recognize the significance of adhering to governmental regulations and requirements throughout this process.
- Providing the necessary legal counsel.
Second : The stage of practicing commercial operations
Institution management
Creating a healthy internal work environment within the organization necessitates that the entrepreneur well-versed in the following:
- Audit regulations and the preparation of audited annual financial reports.
- Compliance with tax regulations and avoidance of tax evasion.
- Measures to prevent money laundering and terrorist financing.
- Handling remittances effectively.
- Management of company assets and legal relations with third parties.
- Combating corruption and conflicts of interest.
- Documentation practices and retention of records.
- Procedures for contracting with employees, defining rights and duties, and addressing disputes.
- Regulations of external employment contracts for employees.
- Understanding the company’s responsibilities for the actions of its employees.
- Regulations on the recruitment of foreign manpower and understanding its implications.
- Part-time job regulations.
- Human and animal rights.
- Safety and security.
- Social security regulations (social insurance).
- Providing insurance coverage for all employees.
- Carrying out legal operations and providing the necessary legal counsel.
Selling products and services and the relationship with customers and consumers
Regarding the product or service on which the project is based, many legal relationships govern the sale and purchase processes, including:
- Responsibilities towards consumers and the adherence of products and services to the Consumer Protection Law.
- Compliance with the Law on Freedom of Competition and Prevention of Monopoly.
- Ensuring products meet approved specifications.
- Carrying out legal operations and providing the necessary legal counsel.
Conclusion and review of contracts
As the commercial project transitions to implementation, it entails entering contracts with lessors, suppliers, distributors and other parties. Therefore, the entrepreneur must carefully attend to the contracts by:
- Familiarizing themself with the general framework of the contract, including its parties, subject, objectives, timeframe, location, conditions, etc.
- Identifying pertinent laws, regulations, and decisions relevant to the contract to ensure compliance during the drafting process.
- Preparing and reviewing the necessary contracts.
Import, export and re-export
Many businesses rely on import and export in their operations. Therefore, it is crucial for the entrepreneur to know the regulations and laws governing this aspect, especially the customs law, which specifies:
- Import and export procedures, along with the associated regulations and legal consequences.
- Requirements set by competent authorities, such as permits for product and service specifications and standards, as well as certificates of origin.
- Carrying out legal operations and providing the necessary legal counsel.
- Preparing and reviewing the necessary contracts.
Tenders and electronic supply platforms
At a certain stage of the project, the entrepreneur may compete in a tender, requiring them to understand the following:
- Procedures and regulations for government and private tenders.
- Procedures and regulations for registration in electronic tender platforms.
- Providing the necessary legal counsel.
Commercial and marketing operations
When seeking to develop and implement marketing plans for the project or products, it is crucial to be familiar with and abide by the legal articles that govern:
- Trade operations.
- Discounts and offers.
- Targeted marketing campaigns.
- Digital marketing.
- Carrying out legal operations and providing the necessary legal counsel.
Logistics, warehousing and supplier handling
Proper logistics operations are an essential element for the success of many projects. To achieve this, the entrepreneur must take into account the following:
- Product storage procedures.
- Regulations related to product transportation.
- Compliance with traffic regulations for trucks.
- Carrying out legal operations and providing the necessary legal counsel.
Financing and investments
Guarantees, procedures and types of financing (individual or institutional).
- Financial obligations related to the Foreign Investment Law.
- Acquisitions and mergers of companies.
- Regulations of dividends distribution.
- Carrying out legal operations and providing the necessary legal counsel.
Supporters and incubators
During the practice of commercial operations, relationships are formed with partners, stakeholders and supporting entities. These relationships must adhere to legal obligations, including:
- Incubation regulations and contracts.
- Regulations governing partnerships between the public and private sectors.
- Carrying out legal operations and providing the necessary legal counsel.
In-Country Value (ICV)
Given the government’s initiative to enhance the local added value of large investment projects in the Sultanate, entrepreneurs are obliged to seize available investment opportunities and consider the following:
- Legal factors facilitating SMEs capitalize on the in-country value opportunities presented by large corporates.
- Regulations and obligations outlined in contracts for executing work in large projects.
Providing the necessary legal counsel.
Review of contracts.
Environment and society
When practicing business operations, it is important for the entrepreneur to keep the environment and the local community in mind by taking into account the following:
- Legal and ethical obligations to local communities and the environment.
- Compliance, transparency and disclosure to protect the environment and uphold corporate social responsibility.
- Providing the necessary legal counsel.
Relationship with technology and the impacts of the Fourth Industrial Revolution
We recommend that the entrepreneur ensures their project is well-aligned with the products and applications of artificial intelligence and the Fourth Industrial Revolution. This necessitates understanding the following aspects:
- Regulations governing electronic transactions.
- Cryptocurrency trading.
- Electronic commerce regulations.
- Risks associated with the illegal exploitation of open data.
- Legal obligations and ethical considerations regarding data exploitation in managing social media platforms.
- Providing the necessary legal counsel.
Means of dispute resolution
In the event that the entrepreneur faces technical, financial or administrative challenges with other parties both in the internal or external work environments, the most important legal tools available to address these challenges include:
- Settlement procedures
- Recourse to conciliation and reconciliation committees.
- Resolution through local and international judicial systems.
- Domestic and international arbitration.
- Providing the necessary legal counsel.
- Legal representation.
Third: The stage of termination or closure of the institution or company
Bankruptcy, dissolution and liquidation
When the commercial establishment ceases operations for any reason, including bankruptcy, certain legal mechanisms and regulations must be adhered to, such as:
- Compliance with bankruptcy regulations and procedures as stipulated by the law.
- Understanding the crime of fraudulent bankruptcy and its ramifications.
- Adherence to regulations and procedures for company dissolution.
- Adherence to regulations and procedures for company liquidation, whether optional or judicial.
Submitting and following up bankruptcy, dissolution and liquidation applications
Providing the necessary legal counsel.
Who the Entrepreneur Advocate Program is targeting:
- Omani entrepreneurs with micro-enterprises.
- Omani entrepreneurs with small enterprises.
- Omani entrepreneurs with medium enterprises.
How to communicate with an entrepreneur's lawyer
- Fixed and mobile 98587587 - 24035889
- Consulting window on our website www.qmlawyers.om
- Teams/Zoom communication platforms
- Email info@qmlawyers.om
Where can an entrepreneur's lawyer help?
| م | المجالات القانونية | التوضيح |
|---|---|---|
| 1 | Legal counsel | Providing various legal counsel related to the business |
| 2 | Representation and pleading before the courts | Courts of all kinds and degrees |
| 3 | Representation before public sector institutions | Police, Public Prosecution, Ministry of Labor.. etc. |
| 4 | Representation before private sector institutions | Banks, insurance companies, automobile agencies and others |
| 5 | Representation before civil society organizations | Associations, clubs, centers |
| 6 | Representation before diplomatic institutions | Embassies of states and consulates in the Sultanate of Oman |
| 7 | Contracts and agreements | Prepare and review all types of commercial contracts |
| 8 | Legal drafting | Drafting all types of legal contracts, letters, and correspondence for various uses and requirements |
| 9 | Documentation and Implementation | Documenting real and intellectual property, contracts, agencies, implementing judgments, bonds, etc. |
| 10 | Negotiations and Mediation | Negotiation on behalf of each party according to well-studied and agreed-upon strategies, with influential mediation with all parties |
| 11 | Studies and Verification | In-depth legal study and legal verification that eliminates ignorance on various topics |
How to Enroll in the Entrepreneur Advocate Program:
- First: The entrepreneur should register through our website www.qmlawyers.om through the "Entrepreneur's Lawyer" window or contact the administration to coordinate a meeting.
- Second: Holding a meeting with the administration to discuss the terms of the contract agreement (the meeting can be held remotely).
- Third: Signing the contract agreement (remotely or in presence).
Contracting Options and Fees for the Entrepreneur Advocate Program
- Option 1: Provide legal services with a monthly contract, with additional fees for individual cases involving the institution, whether filed against it or by it.
- Option 2: Hourly calculation method, where the hourly rate is determined based on the tiers of lawyers, as follows: from the highest level (legal advisor, senior lawyer, appellate lawyer, primary lawyer, trainee lawyer).
Letter to the Entrepreneur
Al Qalhati and Al Masroori Advocates and Legal Consultancy assure you that our highly experienced technical and administrative team, with extensive backgrounds in the judiciary, public prosecution, and business management will diligently handle your cases and legal matters. Our commitment is to deliver quality, speed, transparency, and ongoing communication to establish a genuine partnership aimed at achieving your institution’s strategic and commercial objectives.