Marketing Company Photos Legally
Summary
Ensure you have the legal right to use photos and assets from your first company for marketing your second company. Address any creditor claims and document asset ownership clearly, especially if assets are still owed to the bank. Consider drafting an inter-company agreement to outline asset usage. For consultancy agreements, clearly define terms and consider tax implications. Consult a local attorney for specific legal advice and to ensure compliance with South African law.Full Conversation
South Africa
Hi Joe,
Given your situation, here are some general points to consider under South African law:
- **Intellectual Property:** Ensure you have clear rights to use the photos and work of your first company for marketing purposes.
- **Asset Utilization:** Verify that the assets are legally available for use by the second company.
- **Creditor Issues:** Be cautious of any legal complications arising from the creditor's actions against your first company.
For specific legal advice, it would be best to consult a local attorney.
Would you like information on a nearby legal assistance service?
Given your situation, here are some general points to consider under South African law:
- **Intellectual Property:** Ensure you have clear rights to use the photos and work of your first company for marketing purposes.
- **Asset Utilization:** Verify that the assets are legally available for use by the second company.
- **Creditor Issues:** Be cautious of any legal complications arising from the creditor's actions against your first company.
For specific legal advice, it would be best to consult a local attorney.
Would you like information on a nearby legal assistance service?
creditor issues? The photos are that of our work, its my photos.
Hi Joe,
Here are some additional points to consider regarding your creditor issues and photo usage:
- **Creditor Claims:** Ensure that the creditor's actions are legally valid and that there are no pending claims against your first company that could affect your second company.
- **Usage Rights:** Since the photos are yours, you should have the right to use them, but ensure there are no contractual restrictions.
- **Asset Management:** Make sure all asset transfers between your companies are documented and compliant with local business regulations.
Would you like information on a nearby legal assistance service in South Africa?
Here are some additional points to consider regarding your creditor issues and photo usage:
- **Creditor Claims:** Ensure that the creditor's actions are legally valid and that there are no pending claims against your first company that could affect your second company.
- **Usage Rights:** Since the photos are yours, you should have the right to use them, but ensure there are no contractual restrictions.
- **Asset Management:** Make sure all asset transfers between your companies are documented and compliant with local business regulations.
Would you like information on a nearby legal assistance service in South Africa?
Asset management, asset transfers? I dont own the assets, the company does, in fact its still owed to the bank. Again, the creditor`s actions are baseless, he is making applications against the business, but the business does not owe him the money. He tried to liquidate the company a year ago, lost the case, judge dismissed, and warned he will come back again to try his claim against the business, but as said the clear evidence is that the debt is with my father, not the company or me. He just recently brought a notice of motion again, first respondent my father, second one my company, ie the first company here which I want to use the photos of for marketing for the second company I started.
Hi Joe,
Here are some further points to consider:
- **Asset Ownership:** Ensure that any assets (vehicles, tools) transferred to the second company are done legally, especially since they are still owed to the bank.
- **Creditor Actions:** Since the creditor's actions have been dismissed before, keep all documentation handy to defend against any future claims.
- **Photo Usage:** Since the photos are yours, you have the right to use them for marketing, unless there are specific contractual restrictions.
For detailed legal advice, consulting a local attorney is recommended. Would you like information on a nearby legal assistance service in South Africa?
Here are some further points to consider:
- **Asset Ownership:** Ensure that any assets (vehicles, tools) transferred to the second company are done legally, especially since they are still owed to the bank.
- **Creditor Actions:** Since the creditor's actions have been dismissed before, keep all documentation handy to defend against any future claims.
- **Photo Usage:** Since the photos are yours, you have the right to use them for marketing, unless there are specific contractual restrictions.
For detailed legal advice, consulting a local attorney is recommended. Would you like information on a nearby legal assistance service in South Africa?
I just took over the business. I did not get any assets, it belongs to the first company and bank. Why is it argued that there was a asset transfer from my father to me when I took over the business?
Hi Joe,
Given your situation, here are some general points to consider under South African law:
- **Perceived Transfer of Assets:** Even if no formal transfer took place, using the first company's assets (vehicles, tools) for the second company might be seen as a de facto transfer.
- **Creditor's Argument:** The creditor might argue that by taking over the business and using its assets, there was an implicit transfer, thereby making you responsible for the debts.
Would you like information on a nearby legal assistance service in South Africa?
Given your situation, here are some general points to consider under South African law:
- **Perceived Transfer of Assets:** Even if no formal transfer took place, using the first company's assets (vehicles, tools) for the second company might be seen as a de facto transfer.
- **Creditor's Argument:** The creditor might argue that by taking over the business and using its assets, there was an implicit transfer, thereby making you responsible for the debts.
Would you like information on a nearby legal assistance service in South Africa?
- **Creditor's Argument:** The creditor might argue that by taking over the business and using its assets, there was an implicit transfer, thereby making you responsible for the debts. I have a recording where they said the debt is not with me, but with my father?
Hi Joe,
Given your situation, here are some points to consider under South African law:
- **Creditor's Argument:** The creditor might argue implicit transfer of assets, potentially making you liable for the debts.
- **Recording Evidence:** The recording where the creditor acknowledges the debt is with your father could be crucial evidence.
Would you like information on a nearby legal assistance service in South Africa?
Given your situation, here are some points to consider under South African law:
- **Creditor's Argument:** The creditor might argue implicit transfer of assets, potentially making you liable for the debts.
- **Recording Evidence:** The recording where the creditor acknowledges the debt is with your father could be crucial evidence.
Would you like information on a nearby legal assistance service in South Africa?
- **Creditor's Argument:** The creditor might argue implicit transfer of assets, potentially making you liable for the debts. With or without evidence, how can I defend against this?
Hi Joe,
To defend against the creditor's argument of implicit transfer of assets, consider the following:
- **Document Ownership:** Clearly document that the assets still belong to the first company and the bank.
- **Recording:** Use the recording as evidence to show the creditor acknowledges the debt is not with you.
- **Legal Advice:** Consult a local attorney for a robust defense strategy.
Would you like information on a nearby legal assistance service in South Africa?
To defend against the creditor's argument of implicit transfer of assets, consider the following:
- **Document Ownership:** Clearly document that the assets still belong to the first company and the bank.
- **Recording:** Use the recording as evidence to show the creditor acknowledges the debt is not with you.
- **Legal Advice:** Consult a local attorney for a robust defense strategy.
Would you like information on a nearby legal assistance service in South Africa?
Since the second company will make use of the assets of the first to provide business services to clients, how do I do this : - **Document Ownership:** Clearly document that the assets still belong to the first company and the bank. Where must I document this?
Hi Joe,
To document the ownership of the assets in South Africa, consider the following:
- **Asset Register:** Maintain an asset register for the first company listing all assets, including vehicles and tools, and noting that they are still owed to the bank.
- **Inter-company Agreement:** Draft an agreement between the two companies, stating that the assets belong to the first company and are only being used by the second company.
- **Financial Statements:** Ensure that the financial statements of both companies reflect that the assets belong to the first company.
Would you like information on a nearby legal assistance service in South Africa?
To document the ownership of the assets in South Africa, consider the following:
- **Asset Register:** Maintain an asset register for the first company listing all assets, including vehicles and tools, and noting that they are still owed to the bank.
- **Inter-company Agreement:** Draft an agreement between the two companies, stating that the assets belong to the first company and are only being used by the second company.
- **Financial Statements:** Ensure that the financial statements of both companies reflect that the assets belong to the first company.
Would you like information on a nearby legal assistance service in South Africa?
Can you provide me with a inter-company agreement template, or example how I can do this. Say company one is name Exhibit A, and second one is Exhibit B.
Hi Joe,
Here is a basic template for an inter-company agreement between Exhibit A and Exhibit B:
---
**INTER-COMPANY AGREEMENT**
**This Agreement** is made on [Date] between:
**Exhibit A** (First Company)
[Address]
[Contact Information]
**Exhibit B** (Second Company)
[Address]
[Contact Information]
***. Purpose:**
Exhibit A agrees to allow Exhibit B to use certain assets owned by Exhibit A under the terms and conditions set forth in this Agreement.
***. Assets:**
The assets covered under this Agreement include:
- [List of vehicles]
- [List of tools]
***. Ownership:**
All assets listed remain the property of Exhibit A and are still owed to the bank. Exhibit B is permitted to use these assets solely for business purposes.
***. Usage Terms:**
- Exhibit B will maintain the assets in good condition.
- Exhibit B will bear all operating costs, including maintenance and insurance.
***. Liability:**
Exhibit B will not claim ownership of the assets and acknowledges that the assets are owned by Exhibit A and the bank.
***. Term:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated
Here is a basic template for an inter-company agreement between Exhibit A and Exhibit B:
---
**INTER-COMPANY AGREEMENT**
**This Agreement** is made on [Date] between:
**Exhibit A** (First Company)
[Address]
[Contact Information]
**Exhibit B** (Second Company)
[Address]
[Contact Information]
***. Purpose:**
Exhibit A agrees to allow Exhibit B to use certain assets owned by Exhibit A under the terms and conditions set forth in this Agreement.
***. Assets:**
The assets covered under this Agreement include:
- [List of vehicles]
- [List of tools]
***. Ownership:**
All assets listed remain the property of Exhibit A and are still owed to the bank. Exhibit B is permitted to use these assets solely for business purposes.
***. Usage Terms:**
- Exhibit B will maintain the assets in good condition.
- Exhibit B will bear all operating costs, including maintenance and insurance.
***. Liability:**
Exhibit B will not claim ownership of the assets and acknowledges that the assets are owned by Exhibit A and the bank.
***. Term:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated
Where do I keep this?
Hi Joe,
You should keep the inter-company agreement and other related documents in a secure and organized location. Here are some suggestions:
- **Company Records:** Store a copy in the official records of both companies (Exhibit A and Exhibit B).
- **Digital Storage:** Keep a digital copy in a secure, backed-up electronic filing system.
- **Legal Files:** File a copy with your legal advisor for future reference.
Would you like information on a nearby legal assistance service in South Africa?
You should keep the inter-company agreement and other related documents in a secure and organized location. Here are some suggestions:
- **Company Records:** Store a copy in the official records of both companies (Exhibit A and Exhibit B).
- **Digital Storage:** Keep a digital copy in a secure, backed-up electronic filing system.
- **Legal Files:** File a copy with your legal advisor for future reference.
Would you like information on a nearby legal assistance service in South Africa?
So I dont have to have this stamped or by attorney, but can do this myself and keep with my private files at home
Hi Joe,
You can create and keep the inter-company agreement yourself. However, it's generally a good idea to have it reviewed by a legal professional to ensure it meets all legal requirements. Here are some points to consider:
- **Notarization:** While not always required, having the document notarized can add an extra layer of authenticity.
- **Legal Review:** A lawyer can ensure the agreement is legally sound and covers all necessary aspects.
- **Record-Keeping:** Keep the agreement in your official company records and maintain both digital and physical copies securely.
Would you like information on a nearby legal assistance service in South Africa?
You can create and keep the inter-company agreement yourself. However, it's generally a good idea to have it reviewed by a legal professional to ensure it meets all legal requirements. Here are some points to consider:
- **Notarization:** While not always required, having the document notarized can add an extra layer of authenticity.
- **Legal Review:** A lawyer can ensure the agreement is legally sound and covers all necessary aspects.
- **Record-Keeping:** Keep the agreement in your official company records and maintain both digital and physical copies securely.
Would you like information on a nearby legal assistance service in South Africa?
If I set up a consultancy agreement with my father now retired from the first company, can I do this myself, or should it also be via attorney? He will be elligable for allowance, but thing is he also trains me, and I look after my parents in exchange.
Hi Joe,
You can create a consultancy agreement with your father yourself, but having it reviewed by an attorney is advisable to ensure it’s legally sound. Consider the following:
- **Consultancy Agreement:** Clearly outline the terms of consultancy, including scope, allowances, and training responsibilities.
- **Tax Implications:** Ensure you understand any tax implications for both parties.
- **Legal Review:** Consult an attorney to ensure compliance with local laws.
Would you like information on a nearby legal assistance service in South Africa?
You can create a consultancy agreement with your father yourself, but having it reviewed by an attorney is advisable to ensure it’s legally sound. Consider the following:
- **Consultancy Agreement:** Clearly outline the terms of consultancy, including scope, allowances, and training responsibilities.
- **Tax Implications:** Ensure you understand any tax implications for both parties.
- **Legal Review:** Consult an attorney to ensure compliance with local laws.
Would you like information on a nearby legal assistance service in South Africa?
He gets a allowance very small, up to R8000 max monthly. This is for his own expenditures and debt agreements he has with creditors.
Hi Joe,
Given your situation, here are some general points to consider regarding setting up a consultancy agreement with your father:
- **Consultancy Agreement:** Clearly outline the terms, including the R8000 allowance, his duties, and training responsibilities.
- **Tax Implications:** Be aware of any tax obligations for both parties.
- **Legal Review:** Have a legal professional review the agreement to ensure compliance with South African law.
Would you like information on a nearby legal assistance service in South Africa?
Given your situation, here are some general points to consider regarding setting up a consultancy agreement with your father:
- **Consultancy Agreement:** Clearly outline the terms, including the R8000 allowance, his duties, and training responsibilities.
- **Tax Implications:** Be aware of any tax obligations for both parties.
- **Legal Review:** Have a legal professional review the agreement to ensure compliance with South African law.
Would you like information on a nearby legal assistance service in South Africa?
Please provide me example of what this consultancy agreement looks like? I might have the same one, want to compare.
Hi Joe,
Here's a basic template for a consultancy agreement between you and your father:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**Joe** (Consultant)
[Address]
[Contact Information]
**[Father's Name]** (Client)
[Address]
[Contact Information]
***. Purpose:**
Joe agrees to provide consultancy services to [Father's Name] under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training Joe in business operations.
- Providing consultancy advice as needed.
- Any other tasks as agreed upon.
***. Allowance:**
[Father's Name] will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall be governed by the laws of South Africa.
Here's a basic template for a consultancy agreement between you and your father:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**Joe** (Consultant)
[Address]
[Contact Information]
**[Father's Name]** (Client)
[Address]
[Contact Information]
***. Purpose:**
Joe agrees to provide consultancy services to [Father's Name] under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training Joe in business operations.
- Providing consultancy advice as needed.
- Any other tasks as agreed upon.
***. Allowance:**
[Father's Name] will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall be governed by the laws of South Africa.
Who is Joe here? My father is a consultant for my construction business. He is training me in the business. So me the son, you can call John Doe, and my father is ie Billy.
Hi John,
Thank you for clarifying. Here is the revised template for the consultancy agreement between you and your father, Billy:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**John Doe** (Client)
[Address]
[Contact Information]
**Billy** (Consultant)
[Address]
[Contact Information]
***. Purpose:**
John Doe agrees to provide consultancy services to Billy under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training John Doe in business operations.
- Providing consultancy advice as needed.
- Any other tasks as agreed upon.
***. Allowance:**
Billy will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall be governed by the laws
Thank you for clarifying. Here is the revised template for the consultancy agreement between you and your father, Billy:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**John Doe** (Client)
[Address]
[Contact Information]
**Billy** (Consultant)
[Address]
[Contact Information]
***. Purpose:**
John Doe agrees to provide consultancy services to Billy under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training John Doe in business operations.
- Providing consultancy advice as needed.
- Any other tasks as agreed upon.
***. Allowance:**
Billy will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall be governed by the laws
Why am I providing the consultancy services for my business? He is working as a consultant for me providing this services. So lets rephrase this. I am John Doe the new owner of XYZ. And Billy is my father who is training me in the company as the new ceo and also acting as consultant dealing with clients as well.
Hi John,
Thank you for the clarification. Here is the revised consultancy agreement template:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**John Doe** (Client)
[Address]
[Contact Information]
**Billy** (Consultant)
[Address]
[Contact Information]
***. Purpose:**
Billy agrees to provide consultancy services to John Doe, the new owner of XYZ, under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training John Doe in business operations as the new CEO.
- Consulting and dealing with clients as needed.
- Any other tasks as agreed upon.
***. Allowance:**
Billy will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall
Thank you for the clarification. Here is the revised consultancy agreement template:
---
**CONSULTANCY AGREEMENT**
**This Agreement** is made on [Date] between:
**John Doe** (Client)
[Address]
[Contact Information]
**Billy** (Consultant)
[Address]
[Contact Information]
***. Purpose:**
Billy agrees to provide consultancy services to John Doe, the new owner of XYZ, under the terms and conditions set forth in this Agreement.
***. Services:**
The services covered under this Agreement include:
- Training John Doe in business operations as the new CEO.
- Consulting and dealing with clients as needed.
- Any other tasks as agreed upon.
***. Allowance:**
Billy will receive an allowance of up to R8000 monthly for his expenditures and debt agreements.
***. Tax Implications:**
Both parties are responsible for their respective tax obligations.
***. Duration:**
This Agreement is effective from [Start Date] and will continue until [End Date] or until terminated by either party with [X] days' notice.
***. Confidentiality:**
Both parties agree to keep any sensitive information confidential.
***. Governing Law:**
This Agreement shall
My father worked in his own capacity, private work, for a broker who caused us, my company trouble, tarnishing and ending my relationship for the insurance company I have a contract with. This insurance company was not supposed to interfere as I understand it was a cash settlement, and the claim was closed on their end. They owe me inspection fees, which they have a better story each time for, delaying and delaying it each time. This broker now, for a advance paid earlier for work to be done, but which he decided he wanted my father off the building site, stopping all work due to arguments, that case is now ongoing. He came with a claim against my father firstly and then turned it around against the company, while myself, being ceo was never involved even, all that was provided was the quote with my company letter head on but with my father`s initials below, not mine, also that I have documents that they admit in email he signed for the repayment and therefor debt, paying back the advance. What is the insurance company trying to do here, avoiding paying the inspection fees. The inspections fees is governed by the contract and actual insurance work, not private cash settled jobs. What can I do here. Can you assist me writing the email, the follow up email where I ask the status on when I can expect payment of these fees, this is addressed for the procurement department of the insurance company.
Hi John,
Sure, I can help you draft a follow-up email to the procurement department of the insurance company regarding the inspection fees. Here is a concise template for you:
---
**Subject: Follow-Up on Outstanding Inspection Fees**
Dear [Recipient's Name],
I hope this message finds you well.
I am writing to follow up on the status of the inspection fees owed to my company, XYZ, as per our contract.
Despite multiple inquiries, the payment remains outstanding. The inspection fees pertain to actual insurance work and are separate from private cash-settled jobs.
Please let me know when we can expect the payment to be processed.
Thank you for your prompt attention to this matter.
Best regards,
John Doe
CEO, XYZ
[Contact Information]
---
Feel free to adjust the details as needed. Let me know if you need further assistance.
Best,
FreeLawChat
Sure, I can help you draft a follow-up email to the procurement department of the insurance company regarding the inspection fees. Here is a concise template for you:
---
**Subject: Follow-Up on Outstanding Inspection Fees**
Dear [Recipient's Name],
I hope this message finds you well.
I am writing to follow up on the status of the inspection fees owed to my company, XYZ, as per our contract.
Despite multiple inquiries, the payment remains outstanding. The inspection fees pertain to actual insurance work and are separate from private cash-settled jobs.
Please let me know when we can expect the payment to be processed.
Thank you for your prompt attention to this matter.
Best regards,
John Doe
CEO, XYZ
[Contact Information]
---
Feel free to adjust the details as needed. Let me know if you need further assistance.
Best,
FreeLawChat