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Business law is established by the legislation of the QATAR that highlights the features of the business so, the operations and functions of the business can be easily defined. This law is helping in introducing a new venture or business and it also assists in its establishment and initial operations. With the help of this law, a business can be defined in a more precise manner so required law and legislation can be implemented. This law contains many kinds of laws in it and these are provisions such as company law, contract law, environmental law. while working in the law firm named Clyde & Co. and the main function of this company is to provide suggestions to multiple business sectors including healthcare, education, and infrastructure.
It also advises the new start up businesses to evaluate the requirement of law in their business and the procedure of implementation of these rules and legislation. This report will also provide effective and proper knowledge about the legal structure of the country and the distinct kinds of laws that are established in the country. The impact of these different types of laws will also be evaluated through the implementation of these laws on businesses. In the end part, the legal formation is provided and an advisory report is to be presented for the given case, some appropriate suggestions for dispute resolution are also to be made in the report.
There are three distinct provinces in the Qatar in which laws and legislations are implemented in a different manner. The referred provinces are divided into the form of England and Wales, Scotland, and Northern Ireland. The legal structure of the QATAR is the as unwritten constitution. So, for the implementation of these laws in the distinct province, these legislations are differentiated into some parts where different kinds of laws are implemented in all parts of the QATAR and these provided legislations are implemented in only one province. All the provinces of the country have signed the treaty hence, the law can be implemented in a different proposition (Chalaczkiewicz-Ladna, 2018). There is a unitary body for the composition of the legal system. The supreme law making body is considered the house of the country that can frame the laws and that is to be charted by the people of the country. The laws of the QATAR consist of statutory law, common law, and equity law.
There are some different sources of law that are described as under:
The State of Qatar is an innate emirate. The Al-Thani family has managed the State since the mid nineteenth 100 years. Its legal history was impacted by various occasions beginning with the Ottoman control of the area in the mid nineteenth 100 years. The Ottoman rulers laid out an arrangement of equity in view of the lessons of the Hanafi school of Islamic Law. As the Ottoman Empire began to lose its hold on its standard in Qatar and somewhere else in the Arabian Gulf, Qatar went through a slow shift towards the Hanbali school of Islamic Law affected by the then-arising local power, Saudi Arabia.
In 1916, Britain and Qatar marked a deal by which Qatar turned into a British protectorate. Before long, the British laid out their own court framework. While the nearby courts kept on managing a general set of laws in view of the standards of Shariah, the pioneer or common courts upheld English rules. This training caused the double court framework which won in Qatar as of not long ago.
In October 2003, Qatar ordered the new Judicial Law No. 10 for the year 2003, which upset and bound together the legal framework in Qatar. This regulation happened in October 2000 (Costa, and Ngcetane-Vika, 2021).
The government of a country plays many important roles but law making procedure is one of the most important tasks of it. This task is completed with the help of the parliament of the country and this procedure is considered rigid and complex in nature. There are many functions are required to be followed by the government for the introduction of the law and that also helps to establish the law. Some required steps are taken by the government of the country for the passing of law:
The Judiciary in Qatar was explicitly settled as a free body by the temporary Constitution and was previously isolated into two court frameworks; the Civil, Business and Criminal framework and the Sharia Court framework which directs Islamic regulations.
The Civil and Commercial framework is isolated into the Minor and Major courts. The Minor court have ward to consider just debates not surpassing QR 100,000. All polite and business debates in abundance of that worth were heard by the Major courts, included a board of three adjudicators. Requests from the Minor courts are raised to the Major courts (as it were). Requests according to cases began in the Major courts are to the Court of Appeal, and afterward (whenever allowed) to the Court of Cassation.
On 13 July 1999 the State of Qatar moved into another time of its advanced history whenever His Highness the Emir Sheik Hamad canister Khalifa Al-Thani gave Emiri Order No. (11) in 1999 accommodating the development of a drafting board of the long-lasting constitution in a notable discourse he followed through on this event.
On 2 July 2002, HH the Emir got the draft of the long-lasting constitution which establishes the essential groundworks of the general public, directs the State's specialists, typifies public support in administration and guarantees the privileges and opportunity of Qatari residents. The First Permanent Constitution comprises of five parts and 150 articles. 29 April 2003 was the date set for a public mandate by which residents openly given their opinion on the Constitution, representing Qatar's presence inside a universe of vote based nations. The consequence of the mandate in which the level of famous turnout was very high showed a general agree to the Constitution of 96.6 percent. The Constitution became viable in June 2005.
Qatar's first long-lasting constitution since freedom in quite a while residents a more prominent say in the running of their country. One of the primary arrangements in the new constitution is the foundation of a chosen parliament.
This law is implemented by the lawyers in the courts whether there are no provisions or legislation is provided in the law for the presented issue and it is difficult to decide the legal obligation of the parties. In this situation, the decision made by the court depends upon the prior decisions made by the judges. In criminal cases, the court is also decided on the intensity of the crime that is done by the criminal, and many times it is also decided by the European Union of the court (MacNeil, and Esser, 2020).
The government needs to make changes from time to time in the laws, regulations, legislation made by it so, these can be more relevant, appropriate, and implemented by the courts. The development can be done with the required amendments in the legislation. In the QATAR the government is having the power to create the law and made some necessary changes to it whenever it is required to do so according to the need of society. The changes made in the company law and employment act assist the employer and employee both. Some advantages of it are described as under:
Certainty: This act provides certainty in the cases that are finalized by the legal system of the country.
Consistency: it is required that every presented law must be having consistency with it helps in providing effective strategies and directions. The people of the country can take the decisions that are considered valid in legal terms (MQatarwiri, 2017).
There are many rules and provisions are made that directly affect the citizens of the country or organizations which are running the businesses in the country. There are some required laws without these organizations or businesses cannot be run their business smoothly and these laws are such as company law, employment, and contract law. These rules and regulations also help the organizations to work without getting penalized. These rules and legislations are mandatory to be followed by all organizations and businesses if any violation is made regarding these rules then it may lead to the closure of the business. Organizations have to pay heavy penalties that can be imposed due to infringement of the law and other provisions of it.
Out is these laws company’s law is considered most important for the companies’ formation and effective functioning as no company can be formulated without these laws. The company law provides about the formation procedure of the company and some other facilities for raising funds for the company and these provided guidelines and legislations should be implemented by any company. Some rules and regulations are also provided for the company’s director and their work obligations that renders the manner of working for directors. Some important documents are also prepared by any company deliberately named MOA and AOA. All the provisions must be followed otherwise it may lead to heavy penalties (Palombo, 2019).
As presented in the case the company named Clyde & Co. is required to suggest some rules and regulations that should be implemented by the new start up company. It is required for any start up business to implement all the required rules and legislations provided by the law. These regulations are compulsorily followed and if any infringement is made it have to pay a heavy penalty. Employment law also assists in presenting the relationship between employer and employee and it also renders some provisions for the employees that are ethical in nature. According to the presented case Clyde & co. Its main business is to provide suggestions for the operations of the business so it is required for them to follow the business laws effectively.
The contract act is also an important part of business law as it also helps the organizations and they are functioning according to its provisions. For running up any business there is a need for a lot of contracts to be made with others in the market or organization. So, creating these contracts is required to follow all regulations, rules, and provisions provided under the contract act. It is the most important law that affects the functioning of a company mostly (Payne, 2018).
For instance, if Clyde & Co. made any contract with any client for providing the proper suggestions and provisions for their start up business now Clyde & Co. must comply with all provided regulations of contract law and not breach any provision of it. And the client is also bound to follow the mentioned conditions in the agreement otherwise company has the power to sue the client according to the contract act (Sun, 2021).
Management of the country enacted some legislatures that are considered as main law. Legislation is the chief element that helps to evaluate and change the functioning of the businesses in the country. Some rights and duties are also described by the laws that are compulsorily followed by the citizens or organizations of the country.
Legislation is divided into some parts and regulations are also an important part of the legislation that presented the brief about the law. These provisions and legislations have majorly helped the organizations and members of the company to implement the appropriate laws and rules if any matter arises in the organization. These rules and provisions are created by the government to control some misapprehensions about the laws that may lead to the accusation of the law. Guidelines under the law can be defined with the help of some provided standards. These standards can also be implemented if any issue is arising out in the organization. Any issue can be resolved easily with the help of these standards that are already discussed by the court and it also saves the time and cost of the court (Wanick Vieira, 2017).
The legal system of the QATAR is lawful that considered as best law system in the world. Many other countries are also following the same legal system that is followed in the QATAR. It also provides some guidelines and provisions the following of these the offense and violence can be controlled in the country. The law is mainly differentiated into three legal provinces as English law, Ireland law, and Scots law. With the help of these legislations, the country can fulfill the obligations that are prescribed under law.
The legal structure of the QATAR stated that it is required for every business owner to identify the business type and its structure that should be according to their requirements. There are some classifications are presented for the formation of business structure and its legal formation:
Sole proprietorship: it is considered a commercial organization that is formed by one sole person who is bound to conduct all business transactions and follow the obligations. That person is also considered the manager of the business and he is solely responsible for all the decisions of the business. For the formation of this kind of business required forms and documents are must be submitted to the registrar's office. But this type of business is also considered an unincorporated organization (Wilke, and MacPherson, 2019).
Partnership: it is another type of business that is formed by two or more persons signing the agreement. The presented agreement is created for conducting the work together and some required business conditions are also mentioned in the agreement as to which method of dispute resolution is to be implemented if any issue or matter is arising out in the business. Under the partnership business, all the partners are having the right to run the business and are advised on its operations. A partnership deed is signed by all the partners that contain many provisions that must be followed by the partners otherwise it may impose a penalty. The liabilities of partners are considered unlimited, Due to this reason partners have to make decisions very carefully.
Corporations: this business type is containing large scale organizations that are having large amounts of turnover. It is also having many options for expansion. There are some legal documents and procedures are provided in the company law, the main documents named MOA and AOA are compulsorily created by the directors of the company, these documents are having objectives and legal requirements of the company. All these documents need to be filed in the registrar of office and after the final acceptance or approval of these documents the company can start its functioning. This company's identification number is also provided by the registrar's office.
There are many kinds of business establishments in the country which are flourished and are funded with the help of many resources. These resources can be classified as under:
|
Basis |
Sole proprietorship |
Partnership |
Companies |
|
How these are managed |
It is the kind of business organization that is managed by only one person who is the owner of the firm and sole proprietor. The proprietor can control most of the activities of the business. |
In the partnership business, more administration is required comparatively sole proprietorship. Under this management is done by two or more persons who are considered partners of the firm. |
It is considered a large scale business that operates the business to achieve its set objectives and goals of the company as mentioned in the MOA and AOA. Shareholders and directors of the company are also considered managers of the company. All powers to make decisions for the company are in the hands of these persons. |
|
Source of funds |
Under this form of business sole person is the manager who controls all the activities and funds are also raised by him only and loans can also be taken by small institutions. |
It is considered a larger form of business compared to the sole proprietorship. funds are maintained as capital contributions by all the partners of the firm. They can also take loans, overdrafts from the banks. |
The company is required huge funds to operate the business and its functions. The main sources of funding in the company are capital contributions by the members is their equity shares and the other source of funds can also be debentures, bank loans. |
Various benefits and disadvantages are described under the law that is related to the various business establishments. By evaluating these benefits and disadvantages anyone can decide on the type of business that has to be established. These are as follows:
Sole proprietorship: it is the easiest manner to establish any business as it is not required so much management and funds to run the business. Only one person can perform all functions and have the all power to take decisions that provides effectiveness in decision making.
Partnership: under this type of business the management can be done more effectively and professionally as more than two or two members are having the power to manage the business so they can use their different skills to manage the business. Persons are also personally liable in this business form.
Companies: it is considered the most beneficial form of business due to its size and advantages that are provided to the members of the company. Members are also having limited liability; the management of the company is highly dilute and the decision making procedure is very hectic in the company it is considered a disadvantage for the company formation (Zhang, 2018).
There are many different kinds of business organizations that are governed under commercial law. These organizations need to follow the provided business organizations and their regulations so people can get assistance from these organization forms. These can be evaluated as:
Corporations: this business form can be classified into two types private companies and public companies. The members of the company are considered distinct from the company. The company has a separate legal entity. This feature provides some advantages to the company.
Partnership: the partnership can also be classified as a general partnership or limited partnership. General partnership imposed unlimited liability to the partners while in the limited liability partnership partners are not personally liable for the business liabilities.
Various legal solutions are mentioned for the business organizations and if any issue is raised in the business any appropriate solution can be implemented. These legislations are mentioned in the legislation of the QATAR. For providing the best possible solution to the issue a hypothetical situation is considered. In this scenario, Mr. B and ABC Ltd. Are the parties. Mr. B is an employee of the company and considers about to leave the job for joining the other service. The company has decided the notice period for leaving the job that is three months and Mr. B has not considered that provision and has not provided any prior notice before leaving the job. This condition is mentioned in the contract made by both the parties but Mr. B has breached the condition of the contract and violated the law in this situation company has the right to sue the employee and the company is also deliberated as a plaintiff.
Many ways can provide legal solutions for the issue or disputes arising in the organization. These are as follows:
Alternate dispute resolution: it is the method that provides the facility to solve matters outside the court and under this method parties are having the freedom to choose their arbitrator according to their requirement. Courts are already having lots of cases and the courts cannot solve the new matters so rapidly and effectively. Then for solving this problem, this method is introduced and with the help of this method, parties can get faster and more reliable solutions for their disputes. The government also does not interfere in this method and there is no role for courts. This method can be easily adopted by the disputed parties. A person who decides for the dispute is freely chosen by the parties and that person is called an arbitrator. The decision made by that person is called an arbitral award and this is binding on the parties. Parties cannot rescind the provided decision of the arbitrator (Zu, et.al., 2020).
Conciliation: in this method, a third person is appointed to solve the issue and is also considered an arbitrator. The arbitrator must evaluate the position of both parties. After this evaluation arbitrator can make the appropriate solution.
Mediation: under this method, the third party remains neutral and is responsible to provide the best suggestions to the parties so, they can make the best suitable decision for the dispute.
Arbitrator: arbitrator is appointed by the parties to resolve the matters according to the decided terms and conditions between the parties. The arbitrator is responsible to take a decision for the presented matter or issue with the following conditions and provisions.
It is realised that QATAR legal system has numerous ways through which solution can be provided to the citizens, organisation and the company to solve the dispute that arises in front of them. While this is seen that alternative dispute resolution is considered as one of the ways to solve the dispute that arises between them. While this procedure is considered to be simple and does not attract a high cost. This also helps the courts to lower their burden hence make the decision effective. Here the agreement is made among the parties and this has to be followed by them for reaching the conclusion of the dispute between them.
Hence this is advised that the process of arbitration is considered to be simpler and has various features as associated to the other method of the judiciary.
From the review that is done on the business regulation, it has been inferred that the QATAR legitimate design depends on three-region where the law is applied in an unexpected way. While the business regulation is estimated as the law that aides in characterizing the terms and condition which are connected with business activities. While in the business regulation there are different components included which contains the agreement regulation, organization regulation, work regulation and different other regulation. While these regulation assists with playing out its commitments in the most ideal manner to characterize the construction of the association. While there are various kinds of association which incorporates organization, organization and the sole ownership firm for something very similar.
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