De Facto

To proceed with an action without legal authority but may be recognized as legally valid. De Facto may apply to a company that operates as a corporation even though they may have not taken the steps or documentation to become incorporated. In some cases, courts will treat the company as though it were legal to protect those who believed the business was legal.

American Depositary Receipt

A security issued by a U.S. bank in place of the foreign shares held in trust by that bank, thereby facilitating the trading of foreign shares in U.S. markets. 3

Employee Agreements

Include as a foundation Non-Disclosure Agreements, (NDAs), also known as Confidentiality Agreements, and are formal legal agreements between an employer and an employee.  The NDAs’ purpose is to provide a process under which employees maintain the company’s confidential or sensitive information, such that it is not shared or accessible by third parties.  Depending on the level of their position within the company, an employee’s agreement may also include Non-compete clauses, which, depending on the jurisdiction may prevent an employee from directly competing against the employer should they cease their employment. Similarly, Non-solicitation clauses which prevent employees from soliciting employees or customers, should they cease their employment, may be included.  Intellectual Property Assignment clauses assigning rights of discoveries during an employee’s tenure to the company and Freedom from  Conflict of Interests clauses validating the employee is free from conflicting relationships with third parties are also typical in the employment agreements of certain employees.6

Company By-Laws

Written agreements established for the purpose of defining how corporations will operate and be managed. They are established specifically for corporations as opposed to LLCs and therefore also deal with issues related to the boards and issuance of shares such as shareholder rights, provisions to select officers and directors and delineation of the various governance rules under which the corporation operates.6

Market Channel

The resources and processes necessary to facilitate the transfer of ownership of goods and / or services from the point of production to the point of acquisition by the consumer. 6

Servicemark

An identifying word, phrase, design or symbol that permits third parties to distinguish and differentiate the sources of differing parties services. Servicemarks are registered with the appropriate governmental offices such as the United States Patent and Trademark Office, (USPTO).6

Trademark

An identifying word, phrase, design or symbol that permits third parties to distinguish and differentiate the goods of differing parties. Trademarks are registered with the appropriate governmental offices such as the United States Patent and Trademark Office, (USPTO).6

Logo

Symbols which identify and represent a company or its’ product or services. It may also be a motto or identifying statement related to a company, its’ product or services.6

Website

An organized property made up of a group of connected pages on the World Wide Web, (Internet) that are considered a single entity.6