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Can Automation and Innovation Exist in an Industry So Steeped in Tradition? 

With today’s technological advancements, expectations for automated processes have risen, making near-instant transactions the norm for almost every industry. You can transfer money within seconds, have same-day prescriptions delivered, and rent a car with the touch of a button. The role automation plays in the rapid expansion of industries begs the question: Why is the legal sector still resisting technological changes? Tradition & InnovationThe law profession maintains a sense of ceremony and heritage that is integral to its practice, and upholding this tradition is seen as critical to the successful practice of law. Many legal professionals are hesitant to change a system that thrives off of routine and precedence. However, there is no evidence to suggest that technological advancements in the legal industry undermine this sense of tradition. Innovation within legal practice actually serves a fundamental role both socially and economically. Paired together, an equilibrium between change and tradition are the pillars of a robust and high-performing function of law.Embracing Change Through TechnologyA key part of this symbiosis is technology. Embracing automation in legal practice is the logical next step for an industry that wants to maintain integrity in a changing world. Imagine: using technology to automate the time-consuming processes that hinder efficient operations. In fact, it is estimated that 23% of legal work can be automated by existing technology, meaning more time spent on billable hours and building client relationships, and less time spent on laborious processes. With services like Athennian’s, data can be seamlessly integrated into templates to create quick, signature-ready documents in one click. Document automation enables the creation of precise document templates through programming language and best-in-breed automation technology. With document automation, you can automatically populate corporate summaries, registers/ledgers, certificates, and custom documents within seconds, saving you time for productive work. Want to learn more about document automation? Attend our Webinar, Mastering Legal Document Automation.

By
Molly Greville
11/10/2021
All
Legal Operations
Blog Posts

The Unique Challenges Posed to In-House Legal Teams

This article draws from Athennian’s webinar, “How In-House Legal Teams Can Improve Efficiency Company-Wide.” You can access the video recording and supplemental materials here.According to Gartner research, 68% of legal and compliance leaders struggle to manage their current workload. In addition, when comparing an in-house team to a large law firm, the challenges stretch even further. By nature, in-house teams don’t have as many resources, support staff, organization, and processes available as their counterparts. Often they’re dealing with a high volume of data and information that is dispersed throughout the company, further complicating their daily operations. Many in-house teams face challenges such as:A lack of visibility across teamsPoor document management.Limited trust in data Siloed informationIn fundamental terms, all of these problems can be solved by creating a living single source of truth with universal internal access. This allows for inter-departmental visibility, at-your-fingertips accessible data, and a database that stores information as it changes, ensuring that every team member has the most up-to-date documents at all times. Leveraging a cloud-based software solution is the simplest and most modern way to evade these challenges. With modern entity management software, you can:Streamline task management, such as corporate transactions & annual report filings. Automatically track annual maintenance, set due dates and email reminders, update data in bulk to retain consistency, and create shareable templates for entities.Improve cross-departmental collaboration. Customize specific team/user access capabilities to documents, virtual minute books, eSignature, and more. Set team-wide compliance or assignment reminders.Easily produce, sign, and archive consistent legal documents and forms. A scalable and modern solution offers a template library with automatic updates based on jurisdiction, eSignature integrations with email alerts and notifications, direct access to eFilings with the appropriate governing body, and more.Create an auditable system that can be accessed at any time. Technology solutions like Athennian’s keep you prepared for internal, external, or third-party audits. Your system keeps track of its history for change management purposes and easily identifies problematic or weak areas for improvement.‍

By
Molly Greville
6/10/2021
All
EMEA
Entity Management
Legal Operations
Regulations & Compliance
Blog Posts

Athennian vs. Fast Company 

A survey conducted from over 900 interviews with law department leaders found that 96% of legal teams face challenges with their entity management systems. Inefficiencies in this volume are not just the fault of internal disorganization but rather a symptom of a larger cause: insufficient infrastructure. Entity management is one of the most complicated processes in the legal industry, and its components require constant maintenance and updating. Most entity management platforms on the market today were created before the year 2000, meaning they were designed pre-cloud, pre-wireless, and before the tech standard became at-your-fingertips-accessible. Shouldn’t a process so complex have a product that not only matches its nuance but also enhances it through today’s best-in-class technology? If you’re one of the 96% who is currently unhappy with your entity management system, consider switching to a modern, scalable, cloud-based solution that understands the day-to-day needs of a legal professional. Feature ComparisonsAthennian offers its users an intuitive software interface that lives exclusively and securely in the cloud, giving its users safe and streamlined access to their data at any time and from anywhere. Other solutions, like Fast Company, exist on-premises only, rendering remote collaboration virtually impossible. Another critical difference between Athennian and Fast Company is that Athennian offers global jurisdiction management, while Fast Company only serves Ontario and Alberta. As your business expands, Athennian is committed to serving you wherever your needs take you. In addition, Athennian’s commitment to growth is unparalleled by any of today’s entity management software because of its dedicated weekly updates. Athennian’s team makes weekly changes to the platform based on real-time user feedback. Other features that set Athennian apart from Fast Company are:eSignature IntegrationsRapid Document Auto-PopulationOffice 365 and GSuite IntegrationsCompatibility with any modern web browser (not just Windows.)and more.Switching From Fast CompanyAthennian adeptly migrates Spreadsheets, PDFs, paper minute books, and all existing data in your current entity management system, including FastCompany.Traditionally, migrating from FastCompany has been especially challenging due to FastCompany’s lack of export functionality. FastCompany prevents data from being available in transferable formats (for example: .csv or .sql) which causes significant obstacles during migration.Fortunately, Athennian has developed a proven methodology for successfully transferring your data from FastCompany to its new home in Athennian. A combination of paralegal support and our best-in-breed machine-learning technology work to extract data from FastCompany’s exported files, regardless of format. Athennian can expertly migrate all data in FastCompany, such as:Entity & compliance detailsAddresses, agents, registrationsBy-laws, articles, governance, etc. Shareholders, share classes, transactions, certificates, etc. Directors, officers, etc. 

By
Kirsten Hansen
24/9/2021
All
EMEA
Legal Operations
Blog Posts

Planning Global Expansion: Rep Office vs. Branch vs. Subsidiary

Your company is growing and the business wants to expand its presence to another country. But before setting up shop, you must make an important decision: what type of legal presence do we want to have? Deciding between a representative office, a branch, or a subsidiary has significant consequences related to taxation, liability, compliance, and operating costs. Each country is unique. For example, setting up in France requires a very different approach than in Brazil. You must take into account politics, culture, legal system, tax, etc. This article provides a summation of each consideration and the pros and cons for these types of presence. Representative Office A representative office (RO) is the simplest but most limited form of business establishment in a country. It is essentially a beachhead. ROs generally need to be registered with the local government and are typically limited from generating revenue. However, they usually can have employees in the country. ROs can be used to evaluate a market before full commercial entry or to support business partners in the jurisdiction. The tax obligations of ROs are typically limited to employee withholding and payroll taxes. Uses for ROs:market research and testingnegotiating with local companiesdistributing products or services through local distributorspromoting products or services without doing direct business activities and profit generationBranch OfficeOn the other hand, a Branch Office (BO) is a direct extension of an existing legal entity in the company group into a new country. This is typically achieved via registering or qualifying a foreign entity in another country. BOs are designed to generate revenue and operate production facilities in a country. However, a BO is not a distinct legal entity from the parent company and does not offer the benefits of parental asset liability protection. BOs often are subject to a 20% withholding tax. Subsidiary Entity A subsidiary entity is more complex than a RO or BO. It is a separate legal entity formed in the target country. The definition of a subsidiary is an entity that the parent owns 50% or more of. If ownership is less than 50%, then the entity is an affiliate of the parent where the parent is a minority shareholder. The main reason for using a subsidiary rather than a BO is maintaining corporate separateness from the parent. This enables businesses to isolate risk exposure to the amount of capital investment the parent has made in the subsidiary. The legal concept is that each corporation has a unique identity, and parents should not be de facto held liable for subsidiary liabilities (similar to how the parents of natural persons are not usually held liable for the activities of their children). Read this article for more information on the role of subsidiary management in limiting parent liability. However, another advantage of using a subsidiary is to access the tax laws of the country where it is domiciled. The target country may have tax laws that are advantageous to the planned business activities that may improve overall business profitability. Comparing Branch Offices vs. Subsidiary EntitiesExample of Branch Office vs. SubsidiaryCompany X, Inc. is a fast-growing technology company based in the United States. It is seeing an increase in demand from Brazil and wants to establish a sales office there to acquire Brazilian customers faster. A decision is made to open an office in Sao Paulo. They decide to form a subsidiary Company X, SA (an SA is the Brazilian equivalent of a corporation). Despite the Brazilian subsidiary being controlled by the US parent Company X, Inc., it is subject to Brazilian taxation and laws. The parent owes no taxes to Brazil, and the subsidiary owes no taxes to the United States. Company X, Inc. is also protected from liabilities that Company X, SA may incur from activities in Brazil. If Company X had decided to open a Branch Office in Brazil, any income earned in Brazil would be subject to US taxes. Any liabilities incurred in Brazil would be attached to Company X. Is Opening a Branch Easier Than Opening a Subsidiary? Not necessarily. Like a legal entity, branches must also be registered with the local commercial register of the government. Some annual corporate formalities may not be needed, but other accounting and regulatory requirements must typically still be employed. Often branches are used for very limited scope or temporary activities. Effective Management Branches and Subsidiaries Staying in control of international Branches Offices and Subsidiary Entities is a substantial amount of work and complexity. ‍In a recent survey by EY, 89% of legal department leaders reported significant challenges with legal entity management giving them concerns about being deal ready. ‍Download our ebook Best Practices in Corporate Subsidiary Management for more information on effective strategies and frameworks to stay in control of your entity structure. 

By
Adrian Camara
4/10/2021
All
EMEA
Legal Operations
Regulations & Compliance
Blog Posts

Best Practices for Digitizing Your Minute Books

As a corporate legal professional, you know that organized and accessible minute books are the foundation for an effective legal team. Having proper maintenance and timely filings is integral to efficient processes, enhanced client communication, and productive workflows.The Canadian Legal Innovation Forum, in partnership with Athennian, hosted a webinar on digital minute books which outlined best practices for making the switch from paper, ranging from technical advice to tips for company alignment.Why Digitize?The pressure to move toward digital minute books has increased tremendously in the past two years due to the sudden shift to remote work. However, even before this change, legal professionals were striving toward technological solutions to manage their data.Firstly, paper minute books can be voluminous and take up valuable in-office space, causing many law firms to look for off-site housing. In addition, with “at-your-fingertips” as the accessibility standard in all other departments, legal teams were finding it hard to keep pace when collaborating involved moving manual documents from law firm to client and back. Today’s Digital Minute BooksUntil recently, a digital minute book meant a scanned copy of a paper source of truth, which was significantly easier to manage than hard copies, but still required the constant toggle between paper and computer with paraprofessionals playing the role of messenger between the two.Today, a digital minute book exceeds those expectations. Converting your paper minute books to the cloud offers the unique benefit of creating a shareable, instantly accessible, and easily maintained single source of truth. When a minute book is designed, altered, and updated through technology, it frees up time and allows for swift and streamlined collaboration. Best PracticesAs outlined in CANLIF’s webinar, the benefits of digital are expansive, but the process of digitizing can be daunting, especially without appropriate planning and change management. Below are some best practices for digitizing your minute books in a way that avoids friction, promotes alignment, and mitigates risk.Clearly Define Your Needs & WantsStart with outlining what your expectations are for an end result. How do you want to share your data? Who do you want to share it with? How will your minute books be organized? What are you hoping to achieve through moving to digital?These fundamental questions will help frame your strategy and keep your team aligned to the same goal throughout the project. Foster a Supportive EnvironmentJust like in any business process, company-wide alignment is critical. It can be helpful to create a committee of people from each department who can serve as support touchpoints during the entire digitization process from research to implementation. This ensures quality control, managed expectations, and a transparent chain of command for questions and concerns. In addition to internal support, ensure that your project’s positioning is optimistic and firm when discussing it with clients. Open communication and well-defined benefits can be crucial for assuaging external hesitation.Create A Detailed Chain of CustodyWhen moving your minute books, outline each document’s journey from start to finish, especially if your migration process requires the use of a trusted outside scanning vendor. Detailing exactly where your minute book will be, how long it is expected to be there, who is responsible for it at that location, and who is responsible for the transition to the following location eases pressure and creates transparency.Design a Plan for the FutureApproach your plan for your fully digital minute books with the same attention as your migration plan. Define naming and template standards, and specify your protocol for sharing the virtual data with each client. How much access will they have to their minute book in practice? How much time should a client expect before seeing data changes? Trust the ExpertsFind a platform that understands the unique complexities in entity data and minute book migration. Ensure that their team fully understands the labyrinth of formats, and organizational challenges, that make this process intimidating. Choose a specialized migration team, like Athennian’s, that is dedicated to a secure and seamless transition to digital. 

By
Kirsten Hansen
29/9/2021
All
EMEA
Legal Operations
Blog Posts

Best Practices for Corporate Subsidiary Management

Corporate entity information is critical data that underpins nearly every business process. Maintaining and operationalizing this data for several different strategic purposes is a large part of today’s legal landscape.However, as recently reported by EY, 89% of legal department leads face substantial challenges with their entity management, causing significant concerns about their deal readiness. Transactions get delayed because subsidiaries aren’t in good standing, have outdated appointee records, or encounter other administrative friction. The Importance of Subsidiary ManagementThe fundamental reasons for creating subsidiary entities are:Establishing a presence in a new jurisdiction (having a bank account, employees, tax IDs, contracting, etc.)Protecting a parent company’s assets from liability for actions of a subsidiary company that it owns (“piercing the corporate veil”.)Being transaction ready to support friction on financings, M&A integration, divestitures, re-organizations, IPOs, and other important corporate events.Acting as guarantors and grantors of security if the parent company must secure credit financing.The Challenge of Subsidiary ManagementHowever important this data is, it is equally complex to manage. Often, entity management is a shared responsibility between legal tax and finance departments, causing communication gaps across departments. Collaboration between multiple teams is usually a substantial challenge for most large organizations that leads to friction around ownership and responsibility.Systematic entity management maintenance is also hindered by outdated technology. 96% of legal departments report issues with their legal entity management software. 72% find it difficult to keep systems updated and 62% found it challenging to track governance activity statuses.In addition, many organizations tend to naturally leverage a decentralized mesh of law firms by managing entities for basic statutory compliance. This model can create coordination and cost management challenges. Currently, 47% of legal departments currently operate in this decentralized model.Best Practice: Creating a FrameworkCompanies with advanced entity management functions align on an established and common framework for their entities, whether documented in a playbook, SLA, or Subsidiary Governance Framework. These systems establish a consistent approach for governance and set minimum standards for activities such as:Subsidiary to parent reporting content and cadence.Financial and regulatory controls.Guidance about formation, composition of subsidiary boards, appointment and termination of directors, onboarding, and training.Guidance on how to conduct subsidiary board meetings and record minutes.Procedures for incumbency and secretary’s certificates, powers of attorney, notarizations, and apostilles.Subsidiary director and officer training, indemnification, and signing authority.Compliance monitoring programs to ensure the framework requirements are appropriately satisfied.For more best practices and an in-depth overview of Subsidiary Governance Frameworks (with examples), you can access Athennian’s free eBook, "Best Practices in Subsidiary Management."

By
Molly Greville
27/9/2021
All
EMEA
Entity Management
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