A breakup can be demanding and emotional, especially when there are children involved. As parents, you are not only responsible for ensuring the best interests of your child, but you also have rights and obligations in connection with decisions about child custody and financial support. This article provides an overview of your rights as a parent in Norway when going through a breakup.
When it comes to decisions about children in the event of a breakup, the best interests of the child are always the most important principle. This applies both to voluntary agreements between the parents and to legal decisions. The child's need for stability, belonging and security is given the highest priority, and the child's own opinion is given weight, especially if the child is over 7 years old.
Parental responsibility concerns the rights and obligations related to the upbringing and care of the child. If you have had joint parental responsibility before the breakup, this will generally continue after the breakup. However, it is possible to enter into separate agreements if you wish to change this. Should a disagreement arise, the matter can be brought to court.
The parents must agree on where the child will have their permanent residential address. The options are:
If the parents cannot agree on permanent residence, the matter can be decided by the court.
The child has the right to visitation with both parents, unless there are strong reasons against this. The extent of visitation can be agreed upon between the parents, and a common arrangement may be every other weekend and one fixed weekday, plus a distribution of vacations and holidays.
If the parents are unable to reach an agreement, the court can determine the visitation. The child's opinion will also be heard here.
In the event of a divorce, it is common for the parent with whom the child does not live permanently to pay child support to the other. The amount of child support depends on, among other things:
NAV can help calculate and collect child support if the parents are unable to agree.
Before a child custody case can be brought to court, the parents must go through mediation. The mediation will help you find solutions that are in the best interests of the child. Mediation is mandatory for parents with children under 16 years of age.
If you are unable to reach an agreement through dialogue or mediation, the matter can be decided in court. The court will then decide on parental responsibility, permanent residence and access based on the best interests of the child. It is advisable to seek legal assistance if a trial becomes necessary.
Children have a statutory right to be heard in matters that affect them. The amount of weight given to the child's opinion depends on the child's age and maturity. For children over 12 years of age, great importance is given to what they themselves want.
When a relationship breaks down, it is important to be aware of your rights and responsibilities as a parent. By putting the child's best interests first and seeking good solutions together, you can help make the transition easier for both the child and yourself. Remember that there is help and support available – whether it is through mediation, lawyers or public services such as NAV.
Divorce is challenging, but with the right information and support, you can navigate the situation in a way that protects both the child and the parents. Contact us for a conversation with one of our experienced lawyers.
Drunk driving is a serious traffic offense that can have major consequences, both legal and personal, and in the worst case, it can lead to personal injury. If you have been caught drunk driving, it is important to understand your rights and obligations, and how a lawyer can help you through the process. In this article, we will give you an overview of what happens after a drunk driving conviction and why it may be a good idea to contact a lawyer who specializes in such cases.
Drunk driving means that you are driving a motor vehicle with a blood alcohol content that exceeds the legal limit in Norway. The limit for drunk driving is 0.2 per mille. This means that even small amounts of alcohol can lead to an offence.
The limits also apply to drugs other than alcohol, and any possible influence can be assessed through a blood test or medical examination.
1. Stopped by the police
The police may stop you for a check if they suspect you are driving under the influence or are conducting routine checks. If you test positive for a breathalyzer test, you may be asked to take a blood sample to determine your exact blood alcohol level.
2. Confiscation of driving license
In most cases, the police will confiscate your driver's license on the spot if you have been caught driving under the influence of alcohol. The confiscation of your driver's license is temporary until a final decision is made in the case. The final length of the confiscation depends on the alcohol level and the severity of the situation.
You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.
3. Charge and fine
You will receive a charge of drunk driving. This can result in fines, a suspension of your driver's license, and in some cases, imprisonment. The size of the fine and other consequences depend on the blood alcohol level, any damage you have caused, and whether you have previous convictions for similar violations.
4. Legal proceedings
For serious cases, the case may end up in court, where you can receive a sentence based on the circumstances surrounding the violation.
Being caught driving under the influence can have both short-term and long-term consequences:
A lawyer with experience in drunk driving can help you understand your rights and possibly get a reduced sentence. This may include:
The penalty for drunk driving varies with the blood alcohol level:
If the drunk driving has led to a traffic accident or injury to others, this will further increase the penalty.
Drunk driving is a serious offense that can have major consequences for both you and others. By contacting an experienced lawyer , you can get the help you need to handle the case in the best possible way. We at Insa lawyers have extensive experience with driver's license confiscation and drunk driving , and can assist you throughout the entire process, from the police investigation to a possible trial, and ensure that your rights are protected.
Remember that prevention is better than ending up in such a situation. Avoid getting behind the wheel if you have drunk alcohol, and take responsibility for your own safety and that of others on the road.
Collecting money as a private individual can be a demanding process, especially if the debtor fails to pay voluntarily. However, as a private individual, you have several options for collecting money claims in a legal and effective manner. This article provides you with a practical guide to how to proceed, from dialogue to enforcement, and what rights you have along the way.
A monetary claim arises when someone owes you money, either through an agreement, an unpaid invoice or as a result of a loan you have made. The monetary claim can be agreed upon verbally or in writing, but a written agreement makes it easier to prove the claim if disputes arise. Typical situations can be:
Regardless of the background, it is important that the monetary claim is documented. This can be through agreements, messages or receipts, for example.
The first thing you should do is contact the debtor to remind them of the claim. Often, a friendly reminder can be enough to resolve the situation. Here's how you can proceed:
If the debtor does not pay despite reminders, you can move on to the next step – collection through debt collection. Here you can choose to handle the process yourself or use a debt collection agency.
If debt collection is unsuccessful, you can, as a last resort, request enforcement via the bailiff. This means that the bailiff can seize the debtor's assets or income to cover the monetary claim. To start this process, you must have a so-called basis for enforcement , for example:
You can send the petition to the bailiff via the police in the debtor's municipality of residence.
The costs of collecting a monetary claim will vary depending on the complexity of the case. For example, the use of a collection agency and enforcement will incur fees. In many cases, these costs can be added to the claim, so that it is the debtor who must pay for these expenses.
To avoid future conflicts, it is a good idea to ensure good documentation when lending money or entering into agreements. Here are some tips:
Collecting money claims as a private individual can be a time-consuming process, but by following the right procedure you have a good chance of getting your money back. Always start with dialogue and negotiation, and proceed to debt collection or the bailiff if necessary.
Remember to document your claim thoroughly and act professionally throughout the process. If you need help, you may want to consult a lawyer or debt collection agency for guidance.
Important: It is always important to act quickly when a monetary claim arises, to ensure that it does not become time-barred.
Do you have more questions about how to recover a monetary claim ? Please contact one of our lawyers for individual guidance!
Discovering hidden defects and defects after purchasing a car can be frustrating and costly. Fortunately, Norwegian law gives you, the buyer, certain rights in such situations. Here is an overview of what you should know and how you can proceed:
Hidden defects and defects refer to problems with the car that were not visible or known at the time of purchase, and that affect the value or functionality of the car. This can include mechanical defects, electrical problems, or structural damage that was not discovered during a routine inspection.
Your rights depend on whether you bought the car from a private individual or a dealer:
Cancellation of the purchase means that the agreement is cancelled, and both parties return what they have received. This is applicable when:
Many used cars are sold with the condition “as is”. This limits the seller’s liability, but does not completely exempt them. You can still make a claim if:
If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in purchase law . Many insurance policies cover legal fees in such cases. Book a free, no-obligation meeting with one of our car lawyers.
Losing your driver's license can have major consequences for your daily life, whether it concerns your job, family obligations or other important activities. A driver's license suspension can be imposed as a result of various situations, such as drunk driving or speeding. If you find yourself in such a situation, it is important to know what your rights are, and it can be useful to know how an experienced lawyer can assist you.
A driver's license suspension means that the police temporarily take away your right to drive a car. The driver's license suspension is temporary until a final decision is made in the case. The final length of the suspension depends on the offense and the severity of the situation.
A driver's license seizure usually occurs if you have violated the Road Traffic Act or other rules that endanger traffic safety. The police can temporarily seize your driver's license on the spot if they believe there are sufficient grounds for doing so.
You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.
Some of the most common reasons for driver's license suspension include:
1. On-site seizure:
The police can temporarily seize your driving license on the spot if they believe there is reasonable cause to suspect you of a criminal offense that could result in the loss of your driving license. You will receive a receipt as confirmation of the seizure.
2. Assessment of the prosecution:
The seizure is then sent to the prosecution, which considers whether the driver's license should be temporarily revoked or whether the case should be brought to court.
3. Refusal to accept the seizure/Right of appeal:
If you disagree with the seizure, you can
4. Duration of the seizure:
The final duration of the driving license suspension is largely determined by the severity of the offense. For example, a suspension due to speeding can last from a few months to over a year.
It is always a good idea to contact a lawyer as soon as your driver's license is seized, especially if:
An experienced lawyer can:
1. Do I have to accept that my driver's license will be confiscated by the police?
No, you do not have to accept a driver's license seizure on the spot. If you refuse, the case will be brought to court, and a judge will decide whether the conditions for seizure are met. We recommend that you refuse the seizure as a clear starting point, and contact a lawyer to consider the way forward.
2. Can I get my driver's license back while the case is being processed?
Yes, in some cases your lawyer can apply for a temporary driver's license, for example if you are dependent on it to perform your job.
3. What happens if I drive without a license after a seizure?
Driving without a valid driver's license is a serious offense that can lead to more severe penalties, including longer driving bans and fines.
4. How does the court assess a complaint?
The district court considers whether there are sufficient grounds for the seizure. The court takes into account, among other things, the seriousness of the offense and whether there is a risk of repetition.
Losing your driver's license can have major consequences, including:
At Insa advokater, we have extensive experience assisting clients in cases involving driver's license confiscation. We understand how important your driver's license is to your everyday life and work to ensure that your rights are protected. Our experience includes:
We provide you with clear advice and represent you throughout the entire process, whether the case is resolved out of court or goes to court.
Driving license confiscation can be a stressful experience, but you are not alone. By contacting a lawyer who is an expert in driving license cases , you can get help to appeal the confiscation or reduce its duration. Insa lawyers have the experience and expertise needed to ensure a fair handling of your case.
If your driver's license has been confiscated, contact us today for a no-obligation assessment of your case. Your safety on the road starts with us.
Growing up in harmful conditions can have long-term consequences. In Norway, there are opportunities to seek compensation for lost childhood if public authorities have failed in their responsibilities. Here is an overview of what this entails and how you can proceed:
Compensation for lost childhood is provided to people who have experienced neglect, abuse or other serious circumstances during their childhood, where public authorities, such as child welfare services or schools, have failed to intervene or have acted negligently. This may include a lack of protection against violence, abuse or serious neglect.
To be entitled to compensation, the following conditions must be met:
In addition to ordinary compensation claims, there are special schemes, such as redress. This is a state compensation scheme for those who have experienced serious abuse or neglect, and where other compensation schemes are not adequate. To apply for redress, you must document the incidents and show that other compensation options have been exhausted.
Seeking compensation for lost childhood can be a demanding process, both legally and emotionally. With the right guidance and support, you can get the compensation you are entitled to. Contact Insa lawyers .
Suing child welfare is a serious and complex process that requires thorough preparation and an understanding of both legal rights and obligations. Here is a guide for individuals in Norway who are considering suing child welfare:
The primary task of child welfare services is to ensure that children and young people living in conditions that may harm their health and development receive the necessary help and care at the right time. They must also contribute to safe growing up conditions for all children and young people.
Before considering suing child welfare, it is important to identify specific errors or shortcomings in their case management or decisions. This may include violations of case management rules, failure to follow up, or incorrect decisions. Document all relevant events and gather evidence to support your claims.
Before you file a lawsuit, you should make use of the available complaint options:
Suing child welfare involves complex legal processes. It is therefore crucial to engage a lawyer with experience in child welfare cases. A lawyer can help you assess the strengths and weaknesses of your case, guide you through the process, and present your case effectively.
In collaboration with your lawyer, you should:
Once the lawsuit is filed, the case will be heard in the district court. Be prepared that the process can be time-consuming and emotionally taxing. It is important to have realistic expectations and be aware that the outcome may vary.
In some cases, mediation or negotiations with child welfare authorities can lead to a solution outside the court system. This can be less burdensome and lead to faster results.
Suing child welfare is a significant decision that requires careful consideration. By following these steps and seeking professional assistance, you can navigate the process in a way that serves both your interests and your child's.
If you need assistance in your child welfare case from one of our child welfare lawyers, you can contact us or book a meeting here.
Dealing with an employee who contributes to a poor work environment can be challenging, but it is essential to maintaining well-being and productivity in the workplace. Here are some steps you, as an employer or manager, can take to address such situations effectively:
First, you need to clearly identify what is creating the poor work environment. This may involve observing the workplace, conducting performance appraisals, or using anonymous surveys to gain insight into employee experiences. Be aware of signs such as high turnover, increased sick leave, or reduced productivity, as these may indicate problems in the work environment.
Keep a detailed record of specific incidents where the employee in question has contributed negatively to the work environment. This includes dates, times, people involved, and a description of the incident. Such documentation is important both for understanding the scope of the problem and for any future actions.
Invite the employee to a private and confidential conversation. Present the observed problems in an objective manner, providing specific examples. Listen to the employee’s perspective and try to understand the underlying reasons for the behavior. This may reveal misunderstandings or personal challenges that are influencing the behavior.
After the conversation, you should clearly communicate what changes are expected in the employee's behavior. Define specific goals and a timeframe for improvement. Offer necessary support, such as training or coaching, to help the employee achieve these goals.
Schedule regular follow-up meetings to assess the employee's progress. Provide constructive feedback and acknowledge positive changes. If there is insufficient improvement, consider further action in accordance with company policies and the Occupational Health and Safety Act.
If the situation does not improve, or if it is particularly complex, it may be necessary to involve HR or seek legal advice. This ensures that all measures are in line with applicable laws and regulations, and that the rights of both the employer and the employee are protected.
Prevention is often the best solution. Encourage open communication, collaboration, and respect in the workplace. Conduct regular workplace health surveys and create a culture where employees feel safe to raise concerns. This can help identify and address issues before they escalate.
Dealing with employees who create a poor work environment requires patience, empathy and determination. By following these steps, you can help restore a healthy and productive workplace for everyone. If you have any questions or would like advice on employment law topics , you can contact Insa for free here.
A car accident can have significant consequences for both health and finances. It is therefore important to be aware of what rights you have when it comes to compensation after such an incident.
Your rights after a car accident
In Norway, all owners of motor vehicles are required to have liability insurance in accordance with the Motor Vehicle Liability Act. This insurance covers damage caused by the vehicle, regardless of fault. This means that if you are injured in a traffic accident, you are generally entitled to compensation for both personal injuries and financial losses as a result of the accident.
What can you get compensation for?
The compensation must cover the losses you have suffered as a result of the accident. This may include:
How do you go about claiming compensation?
Important deadlines
It is important to be aware of limitation periods. In general, compensation claims must be submitted within three years from when you became aware of the damage. Failure to meet these deadlines may result in you losing your right to compensation.
Coverage of legal expenses
In many cases, the insurance company will cover reasonable and necessary legal expenses in connection with the compensation case. It is therefore wise to investigate this with the insurance company and possibly engage a lawyer who can assist you through the process.
Being well informed and acting quickly after a car accident is essential to securing your rights. By following this advice, you are better equipped to handle the situation and get the compensation you are entitled to.
If you have any questions in connection with your case, you can book a meeting with us at Insa lawyers , completely free of charge.
After a break-up, parents must, among other things, agree on parental responsibility, where the child will live permanently and visitation arrangements, also called child distribution. When parents do not agree on the distribution of children, it may be necessary to bring the case to court. Here is an overview of the process and what you should be aware of.
1. Mediation – first step
Before a child distribution case can be taken to court, mediation at a family welfare office is mandatory. The aim is to help the parents come to an agreement about the child's place of residence, visitation and parental responsibility. After the mediation, a mediation certificate is issued, which is necessary to be able to proceed with the case.
2. Summons – to bring the matter before the court
If the mediation does not lead to an agreement, one of the parents can submit a summons to the district court in the child's area of residence. The summons should contain a clear description of what the case is about and what demands are put forward. It is often wise to seek legal assistance to ensure that the subpoena is correctly drafted and that you get what you want to get.
3. Case preparation meetings - try to find solutions
After the summons and response have been received, the court will convene preparatory meetings. These meetings aim to get the parties to agree on an agreement without a full trial. It is common for the parents to bring a lawyer with them, but the judge is most concerned with hearing the parents' views on the case and getting them to reach an agreement. An expert, often a psychologist specializing in children and families, can be appointed to assist in the process and provide insight into what is in the best interests of the child. In many cases, it is possible to agree on a temporary agreement that will apply for a certain time until the next meeting. In the best case, a permanent arrangement is agreed upon in the first case preparation meeting. In the worst case, a time is agreed for a trial.
4. Main hearing – the heart of the trial
If agreement is not reached in the case preparation meetings, the case goes to the main hearing. Here both parties present their arguments, witnesses can be brought, and the expert presents his assessment. The court will then make a decision based on what is considered to be in the best interests of the child.
5. After the court decision – what happens next?
Once the court has made a decision, it is binding on both parties. If one of the parents disagrees with the verdict, the case can be appealed to the Court of Appeal within a given deadline. It is important to note that the appeal process may entail additional costs and time consumption.
Costs – what should you expect?
The costs of a child custody case can vary significantly depending on the complexity and duration of the case. Lawyers' fees, expenses for experts and any court fees must be taken into account. In some cases, it may be possible to get free legal aid, depending on income and assets.
The best interests of the child – the overriding principle
In all child distribution cases, consideration of the child's best interests is decisive. The court considers factors such as the child's attachment to each parent, stability, ability to care and the child's own wishes, depending on age and maturity.
Practical advice - prepare well
Going through a child custody trial can be challenging. Good preparation, understanding of the process and focus on the best interests of the child can contribute to a more constructive solution.
Do you need a lawyer in child custody ? Feel free to contact Insa lawyers for a conversation with one of our lawyers. It's completely free.
An occupational injury can have significant consequences for both health and finances. It is therefore important to understand what rights and possibilities you have for compensation if you are exposed to such damage.
What is an occupational injury?
An occupational injury is a personal injury, illness or death that occurs as a result of an accident at work or harmful effects as a result of the working environment. For an injury to be classified as an occupational injury, it must have occurred during work at the workplace during working hours. Typical examples include falls, crushing injuries, and exposure to harmful substances that lead to illness.
What is occupational injury compensation?
Occupational injury compensation is compensation you may be entitled to if you have suffered an occupational injury. The purpose of the compensation is to cover financial losses and any non-financial consequences as a result of the damage. This may include coverage of treatment expenses, lost income, and compensation for permanent medical disability.
Employer's duties
In Norway, all employers are required by law to take out occupational injury insurance for their employees. This insurance should ensure that employees receive the compensation they are entitled to if they are exposed to an occupational injury. It is important to note that the self-employed and freelancers are not automatically covered by this scheme, but they have the option of taking out voluntary occupational injury insurance, which is recommended.
What should you do in the event of an occupational injury?
Compensation items in case of occupational injury
In the event of an approved occupational injury, you may be entitled to several types of compensation:
Limitation periods
It is important to be aware that there are deadlines for reporting claims for occupational injury compensation. In general, the damage must be reported to NAV within one year after the damage occurred. For claims against the insurance company, a limitation period of three years applies from the time you became aware of, or should have become aware of, the circumstances that justify the claim.
Coverage of legal expenses
In many cases, reasonable and necessary legal expenses will be covered by the insurance company as part of the compensation settlement. It may therefore be a good idea to seek legal assistance to ensure that you receive the compensation you are entitled to.
Being exposed to an occupational injury can be a stressful experience. It is therefore important to know your rights and what steps you should take to ensure that you receive the compensation you are entitled to. By following the advice above and seeking the necessary help, you are better equipped to handle the situation and look after your interests.
Insa lawyers help clients all over the country. We can assist with complaints about refusals from NAV or insurance companies, provide advice on compensation claims and proceedings, as well as represent you in court.
When the child protection service considers taking over the care of a child, it is based on strict criteria laid down in the Child Protection Act. The purpose is to ensure the best interests of the child and protect it from serious neglect.
Proceedings in the event of a report of concern
The process often starts with a report of concern from a person who is worried about the child's situation. The Child Protection Service is then obliged to review the report within a week to assess whether there are grounds for further investigation. If there is reasonable reason to assume that the child is living in conditions that could harm their health or development, an investigation is initiated. The threshold for initiating an investigation is low.
The investigation phase
In the investigation phase, the child welfare agency collects information about the child's care situation. This may involve conversations with the child, the parents and other relevant people, as well as home visits. The examination must be thorough, but at the same time gentle, and must normally be completed within three months.
Possible outcomes of the survey
After the investigation, the child protection agency can conclude that:
Conditions for taking over care
In order for the child welfare services to be able to take over the care of a child without the parents' consent, there are strict conditions that must be met:
Before taking over care can be decided, it must be assessed whether it is possible to achieve a satisfactory care situation through voluntary assistance measures. Care takeover must only be used when less invasive measures are not sufficient.
The decision-making process
It is the child welfare and health board that makes decisions about taking over care. Parents have the right to legal assistance during the process, and children over the age of 15 have party rights and thus also the right to legal assistance. The tribunal assesses whether the conditions for taking over care have been met. What is decisive for any assessment made in child welfare cases is what is in the best interest of the child in the specific situation.
Emergency decision
In situations where there is a risk that the child will suffer significant damage if measures are not taken immediately, the child protection service can make a temporary emergency decision to take over care. This decision can be appealed. The parents and children who have reached the age of 15 have the right to legal assistance in the appeal process.
After taking over care
When care has been taken over, the child is usually placed in a foster home or in an institution. The parents retain parental responsibility, but the childcare service has day-to-day care. Emphasis is placed on maintaining contact between the child and the parents through visitation, unless this is considered harmful to the child.
Return of care
The parents can later apply for the return of care. For this to happen, it must be overwhelmingly likely that the parents can provide the child with proper care. Child welfare services have a duty to regularly assess return and assist the parents in achieving the necessary changes. Twelve months must elapse from the time the taking over of care takes place, until an assessment of the question of restitution can be demanded for the first time.
Taking over care is a serious and invasive measure that is only used when the child's health or development is in serious danger, and less invasive measures are not sufficient. Child protection must always act in the child's best interests and in accordance with the law's strict conditions.
If the child protection service is considering taking over the care of your child, or has already done so, it may be a good idea to contact a child protection lawyer who can represent you as parents or the child if he has reached the age of 15. The lawyer can contribute with his experience and knowledge of how the case should be handled in the best possible way, while at the same time ensuring your rights. A lawyer can also act as a supporter in a challenging time and as an adviser who helps the child welfare services to get a balanced and correct impression of the family situation.
Insa lawyers regularly assist both parents and children aged 14-15 in connection with their child protection case. Get in touch if you need a lawyer.
The duty of loyalty is a fundamental part of any employment relationship and implies that the employee must act loyally towards the employer. This applies both as an employee and to a certain extent after the employment relationship has ended. Here we explain what the duty of loyalty entails, how it can be broken, and what consequences it can have.
What does the duty of loyalty entail?
The duty of loyalty means that the employee must put the employer's interests first in his professional life. This includes acting in a way that does not harm the employer's reputation or finances. Although the duty of loyalty is not explicitly laid down in the Working Environment Act, it is legally recognized as part of employment law . In many cases, it is also specified in the employment contract.
Examples of loyal behavior:
Common breaches of the duty of loyalty
Disloyal behavior can vary from minor violations to serious violations. Examples include:
It is important to note that the employee's right to freedom of expression applies, but this can be restricted if statements clearly harm the employer's interests.
Consequences of breach
The consequences of a breach of the duty of loyalty depend on the severity:
How to avoid conflicts?
To avoid misunderstandings about the duty of loyalty, both employer and employee should be clear about expectations:
Duty of loyalty after termination of employment
Even after the termination of the employment relationship, the employee has certain obligations. This may include confidentiality and restrictions related to competition or customer clauses, if this is specified in the employment agreement.
The duty of loyalty is an important part of a good working relationship and contributes to a healthy balance between the employee's rights and the employer's interests.
If you have questions about the duty of loyalty or other employment law topics, you can contact Insa lawyers for free here .
The purpose of warnings
A warning in employment is a tool employers use to correct unwanted behavior or breach of the employment contract. Although the Working Environment Act does not specifically regulate warnings, there are established practices and principles that govern their use.
The main purpose of a warning is to inform the employee that a certain behavior or action is unacceptable and that a change is expected. The warning also serves as documentation for the employer, which can be decisive for any subsequent measures such as dismissal.
When can a warning be given?
Warnings are typically used in situations where the employee, for example:
It is important that warnings are not given for trivial matters that can be resolved through guidance or training.
Written or verbal warning?
Warnings can be both oral and written. A written warning provides clear documentation and is often preferable, especially in serious cases. A verbal warning should therefore be followed up with a written confirmation, for example via e-mail, to ensure documentation.
Content of a written warning
A written warning should include:
It is also recommended that the employee signs the warning to confirm receipt.
Number of warnings before termination
There is no fixed rule for how many warnings must be given before a dismissal can be considered. In serious cases, termination may take place without prior warning. In general, however, earlier warnings will strengthen the employer's case in the event of a possible dismissal.
Employee rights
An employee has the right to contest a warning if it is perceived as unreasonable. This should be done in writing, and the employee can seek assistance from shop stewards or legal advisers.
Follow-up after warning
After a warning has been given, the employer should follow up with the employee to ensure that necessary improvements are made. Lack of follow-up can weaken the importance of the warning in later assessments.
For both employers and employees, it is important to understand the importance of warnings in the employment relationship. Correct use and handling of warnings contributes to an orderly and predictable working environment.
Are you in a difficult situation at work? Feel free to book a free meeting with our employment law lawyers - and we will find a solution together!
Ukrainians can be granted temporary collective protection in Norway. This means that Ukrainians who come to Norway and apply for protection can be granted a temporary residence permit in Norway if certain conditions are met. You can read more about temporary collective protection for people who have fled Ukraine here. The scheme with collective protection gives a refugee from Ukraine the right to work in Norway.
This article is particularly adapted to you as an employer who wants to offer a job to a refugee from Ukraine.
When a refugee from Ukraine can start working
Ukrainian refugees who come to Norway can ask for skills and competence that Norwegian employers are looking for. However, a prerequisite for being employed is that the foreigner has received approval that collective protection has been granted by the Norwegian immigration authorities.
The introductory program
Ukrainians who have been granted collective protection have the right to participate in a municipal introduction programme. The introductory program includes, among other things, training in Norwegian. It may be good for the employer to note that paid work can be included as part of the induction programme.
Our assistance
If you are an employer and want to offer a job to a refugee from Ukraine, we can assist you through the application process for temporary collective protection , as well as help you with work permits . Our aim is to make the employment process easier for you, while you follow the necessary guidelines.
Ukrainians can be granted temporary collective protection in Norway. This means that Ukrainians who come to Norway and apply for protection (asylum) can be granted a temporary residence permit on the basis of Section 34 of the Immigration Act.
Collective protection makes it possible for a Ukrainian citizen to obtain a residence permit in Norway for one year. The Ministry of Justice and Emergency Preparedness in Norway has also made a change to the immigration regulations which means that displaced people from Ukraine with temporary collective protection will have their permits extended by one year from the expiry of the initial permit.
An application for collective protection under section 34 of the Immigration Act does not give the right to refugee status. This involves, among other things, that most of the procedural rules for ordinary asylum cases do not apply. Anyone who has been granted collective protection can, however, apply for individual treatment to obtain refugee status (apply for asylum). But as long as the scheme with collective protection persists, the immigration authorities (UDI) will put such an application on hold for up to three years.
When the scheme with temporary collective protection ceases, or the scheme has lasted for three years, the UDI must process the foreign national's asylum application, if the foreign national still wishes to do so within a set deadline. If the need for collective protection is present after three years, the immigration authorities can issue a new permit which forms the basis for permanent residence in Norway.
NOTE: Changed situation from and including 28 September 2024 : if you come from areas that the Norwegian authorities define as safe, you will no longer receive collective protection, and must then search for the regulations for individual protection.
The changes do not apply if you have already applied before 28 September 2024, or already have a permit.
The areas the Norwegian authorities consider safe as of 28 September 2024 are:
You will find updated information on UDI's website.
Our assistance
If you have questions related to your case, you can book a free meeting with us and we will clarify how we can help you. We can help you navigate the Norwegian asylum system .
Have you been dismissed by your employer? If the dismissal is unfair, you are entitled to compensation. An employee cannot be dismissed unless it is objectively justified by the circumstances of the company, the employer or the employee.
The requirement for objectivity means that the dismissal must not be based on extraneous or improper considerations. In addition, the circumstances invoked as grounds for dismissal must be sufficiently weighty to justify dismissal. The factual basis for the dismissal must also be correct. The employer has the burden of proof in dismissal cases, which means that the employer must prove that the dismissal is objective.
Do you suspect that your employer has no objective basis for the dismissal and want to claim compensation? We at Insa advokater can help you with this process.
The legal system is such that you as an employee can claim compensation if the dismissal is unfair. The compensation is set at the amount that the court finds reasonable, taking into account the financial loss, the employer's and employee's circumstances and the circumstances in general.
Normally, you will be entitled to compensation for the financial loss you suffer until the judgment is delivered. In the assessment of compensation, it may also be considered whether you have a future financial loss as a result of the uncertainty of finding new work. You may also be entitled to compensation for non-economic loss if the employer has not followed the procedural rules in the law, for example if you were not invited to a discussion meeting before you were dismissed. Remember that you are also entitled to written notice of termination.
ATTENTION: According to the Working Environment Act, there are different time limits for legal action, depending on what you as an employee are claiming. For compensation due to unfair dismissal, the deadline for legal action is six months from the date of dismissal.
Are you unsure about your rights after being dismissed? Do you want compensation without taking the case to the courts? We have skilled lawyers in employment law who can help you in negotiations with your employer. Contact us for an informal conversation .
In this article, we will highlight one of the products in Islamic finance, Musharaka. In a previous article, we have explained the basic principles of Islamic finance. The article can be read here.
Musharaka is one of the most important products used as an alternative to interest-based financing in Islamic finance. The word musharaka comes from the Arabic word shirkah which means to share or to be a partner. According to Islamic law, the parties in musharaka must share both profits and any losses arising from the investment, which may be a house, a commercial building or a company.
Musharaka is an investment partnership that consists of a partnership between two or more investors. The terms for sharing profits and losses are clarified in advance between the parties. The Musharaka partnership can be compared to investors who will be allocated a profit if the investment makes a profit, and correspondingly will lose if the investment does not produce the desired result.
The following presentation will focus on the relationship between a lender, such as a financial institution, and a borrower, referred to as the "client". The terms "the parties" and "the investors" will be used to refer to both the lender and the borrower.
The following conditions must exist for a musharaka collaboration to be established:
Example of financing based on musharaka
Financing when starting a business
The financial institution and the client enter into an agreement on the financing of the enterprise for which the client needs capital. It is agreed how large a share of the profit each of the parties will be entitled to.
Where the financial institution is only to contribute as a capital contributor, and not to provide the company with input beyond the capital, Sharia law does not allow the financial institution to demand a higher share of the profit than its share of the contributed capital would indicate. If the financial institution contributes 50% of the paid-in capital, the institution cannot take more than 50% of any profit from the company.
Financial institutions will normally only take economic rights and not get involved in the company's organizational matters.
If the company makes a loss, the loss will be distributed pro rata between the parties, according to each party's share of the paid-in capital. If the financial institution has contributed 70% of the capital, 70% of the loss must therefore be borne by the financial institution itself, while the remaining 30% must be borne by the other investor (borrower).
Islamic finance is part of a larger financial sector known internationally as "Islamic finance". This financial sector mainly offers financial products within the banking, finance and insurance industries, and the products offered within these industries strive to be in line with Islamic principles.
The distinctive feature of Islamic finance is that its main purpose is to comply with the Islamic prohibition against paying and charging interest in financial transactions, and that the other elements of any transaction comply with Islamic rules, better known as "Sharia".
Particularly in connection with the financial crisis in 2008-2009, there has been an increase in awareness of the Islamic financial sector, and Islamic finance is on the rise in the major financial centers around the world, including Indonesia, Malaysia, Singapore, the Middle East, the UK, France and the USA. Islamic financial institutions are also likely to establish themselves in Norway. Housing finance is the field where the need for Islamic finance is likely to be most prominent once it is offered on a commercial basis in Norway.
Insa advokater has several articles on Islamic finance. This article deals with the basic principles of Islamic finance.
Islamic law is often referred to collectively as sharia. The word sharia comes from the Arabic word for "way". The idea is that sharia sets out the path that people should follow. This is reflected in the fact that sharia regulates every aspect of life: faith, worship, behavior, hygiene, family life, inheritance, criminal law, trade, economics, etc.
Islamic finance is based on principles expressed in the Islamic legal sources, the Koran and the hadiths. The Koran is considered by Muslims to be God's direct speech to mankind, and is the primary source of Islamic law. This is followed by the Sunnah of the Prophet Muhammad (pbuh). By sunnah is meant what the Prophet did, said or omitted. Writings of the sunnah are called hadith. The following is an overview of the basic principles of Islamic finance.
When lending money, sharia prescribes that one must make up one's mind whether the money is lent to help the borrower or whether it is done to share in the other person's profits. If a loan is made to help the borrower, the Shariah does not allow one to claim back more than the amount lent. This is related to the prohibition on interest, which is discussed below. If the loan is granted to share in the borrower's profit, the lender must also share in any loss.
Riba means interest. It is forbidden to pay or receive interest in Islam. The prohibition on interest applies to both the payment and receipt of interest, as well as any other obligation that has an element of interest in it. The prohibition of interest is one of the clearest prohibitions in Sharia, and is enshrined in several verses of the Quran. Riba includes any consideration given in return for the right to dispose of capital, and not only monetary benefits, but also benefits in kind. The Shariah imposes a total prohibition on agreeing such remuneration. Even if there is a delay on the part of the debtor, the creditor's monetary claim cannot be increased on the basis of default interest considerations.
Islam does not consider money to be a commodity or service that one can be paid to lend. It is only considered to be a means of exchanging goods and services. Therefore, one cannot charge for the sale of money. One krone cannot be exchanged or sold for an amount of money other than one krone. However, it is permitted to exchange money in other currencies based on fluctuating exchange rates. The economic consequence of the interest rate ban is that it operates according to a nominalist principle.
Maysir means gambling or gambling. The prohibition of gambling, like the prohibition of interest, is enshrined in several verses of the Koran. Gambling and gambling means any wagering of money based on an uncertain outcome, with the possibility of losing the amount wagered and with the intention of being rewarded more than the amount originally wagered.
Gharar means uncertainty and establishes a prohibition against agreeing on uncertain elements in contractual relationships. The word gharar is not mentioned in the Quran, but there are several hadiths that deal with gharar and support a prohibition on agreements where gharar is included in the agreement. For example, in one hadith the Prophet Mohammad (pbuh) forbade the sale of grapes until they were dark (ripe) and the sale of grain until they were ready for harvest, and in another he forbade the purchase of fish from the sea.
From these and other hadiths, Muslim scholars have deduced that gharar, uncertainty in contractual relationships, can as a starting point be defined as contracts where there is uncertainty with regard to the subject matter of the contract, delivery time, the existence of the performance, ignorance of the characteristics of the performance, the quantity of the performance or that the performance has not yet come within the party's sphere of control. Sharia requires that there must be certainty about the key elements of the transaction at the time the contract is entered into.
Sharia also does not permit agreements on sale where the performance of the debtor and creditor is to be exchanged in the future, even if the time of delivery, the characteristics of the goods sold, the quantity, the price and the subject matter of the sale are clear. Whether the asset sold will still exist at the agreed time of delivery is beyond the control of the parties, and Sharia considers this to be an uncertainty.
Sales where payment is made in advance, but delivery is not made until later, are nevertheless permitted for manufacturing purchases. The product salam under Islamic financing follows this exception in that borrowers engaged in manufacturing activities can increase their liquidity by receiving advance payment for goods. The repayment to the financial institutions consists of the borrower delivering finished products to the lender, who then sells the products on the market.
Gharar is also included as an element in the above-mentioned example of conventional insurance. The future event that may trigger liability for the insurer is uncertain and is thus considered to be gharar.
Sharia prohibits making two or more transactions conditional on each other. The reason for this is that conditional transactions create doubt and disruption (gharar) in contractual relationships. For example, it is not permitted for a lessor of an asset to enter into a lease agreement on the condition that the lessee will purchase the asset at the end of the lease term. The idea is that each transaction must stand on its own, independent of other transactions.
The prohibition of unjust enrichment and exploitation, the prohibition of interest and the nominalist principle in Sharia law mean that interest cannot be charged on late payments in the event of default. Claims for compensation for late payment are considered unjust enrichment at the expense of the defaulting party. The reason for this is both the prohibition of interest and the fact that it follows from Quran 2:280 that the debtor should be granted a postponement if he is in a difficult situation. However, Sharia allows a default in payment to be met with a claim for damages if the default is due to the debtor's fault. In order to put pressure on the debtor to pay, the solution in Islamic financing is that when the loan agreement is entered into, it is also agreed that a fee will be paid to the creditor in the event of default on the loan agreement, which the creditor will donate to charity. The fee can be set as a percentage of the amount owed for each day of default or as a predetermined sum.
Sharia does not allow investments in companies that are involved in actions that are illegal or unethical according to Sharia. It is not permitted under Islamic finance to invest in, for example, alcohol, pork, pornography, gambling, nightclubs, conventional banks and financial institutions (which base their operations on interest income), weapons, tobacco, etc.
Under Islamic financing, risk distribution is one of the basic prerequisites for being able to offer financing in line with Islam. Common to the products offered under Islamic financing is that the financial institutions bear part of the risk for a limited or unlimited period of time for the purpose for which financing is sought. The entire risk cannot be unconditionally passed on to the client. This would be contrary to the purpose of Islamic financing. In commercial Islamic housing finance, the financing company assumes the risk of the existence of the building, but it is also possible to allocate the risk of fluctuations in value.
The effect of contracting a term that is not permitted according to the Sharia criteria is that the term is considered null and void. In some cases, the effect of agreeing unlawful terms may be that the entire contract lapses, in other cases it is only the term that is considered a nullity.
However, the validity of a transaction under Islamic norms will be judged autonomously regardless of the legal status of the transaction under national law. For example, even if it is permitted under Norwegian law to agree on several interdependent transactions in one contract, this will not be permitted under Sharia law. A Sharia panel presented with this issue will therefore reject such a transaction.
If a Norwegian Islamic financial institution's sharia panel were to reject a transaction and declare it to be contrary to sharia, this would not in principle prevent a Norwegian court from ruling that the transaction is valid under Norwegian law. In addition to a request not to act contrary to Sharia, the solution in Sharia in such cases is that the party who has acted against the norms of Sharia must ask for forgiveness from God for their sin.
Does someone owe you money? Then you have a monetary claim against them. You are entitled to payment. The person who owes money is called a debtor, and the person who is entitled to the money is called a creditor. Both the creditor and the debtor can be both natural and legal persons.
There can be many different reasons why someone owes you money. To put it another way: a monetary claim can have different grounds. The most common is that you have entered into an agreement for the purchase and sale of goods and services. The seller of a sofa is entitled to payment for the sofa in accordance with the agreement. This is a typical consideration claim where you are entitled to payment for a consideration. Another example of a typical monetary claim is a loan agreement. Anyone who has borrowed money from someone else has a loan debt. This means that the person in question has an obligation to repay the loan to the lender. Another example is tax claims and other public claims or fees.
Does someone owe you money but refuses to pay? Then you may need to pursue your claim through the courts. This is a process that we at Insa advokater can help you with.
Remember that a monetary claim may be time-barred. This means that you must demand payment within a certain period of time in order to keep your claim. If you demand payment too late, you lose the opportunity to collect the money. The general rule is that a monetary claim is time-barred after 3 years. This means that you must send a demand for payment to the debtor no later than 3 years after the monetary claim arose. Are you unsure whether your claim is time-barred? Call Insa and we will help you.
Have your children been placed in emergency care by child protection services?
Pursuant to Section 4-2 of the Child Welfare Act, the child welfare service may make an emergency decision and place the children in an emergency placement outside the home. The condition is that there must be an acute risk that the children will suffer significant harm if the decision is not implemented immediately. The wording of the provision sets a high threshold, and emergency decisions can only be made in the most serious cases. For example, suspicion of violence against the children or substance-abusing parents may lead to emergency placement. We have also found that the CPS makes emergency placements if the parents have mental and/or physical health problems.
After the CPS has issued an emergency decision, the decision must be approved by the Child Welfare and Health Board (formerly called the "County Board for Child Welfare and Social Affairs"). However, the CPS implements the emergency decision immediately and by force. Often, parents are not informed of the emergency decision until after the children have been placed in an emergency placement. The parents are therefore not given the opportunity to comment on the case until after the children have been moved.
After the Child Protection and Health Board (the Board) has approved the emergency decision, the decision can be appealed to the Board. The Board will hold a small hearing administered by a chairperson of the Board. During the hearing, the parents and the CPS will have the opportunity to present their side of the case and to provide any necessary evidence. The Board must hear the appeal and make a decision within one week of the appeal being lodged.
An emergency decision is valid only as long as the situation is acute. Furthermore, the CPS cannot maintain an emergency decision if less intrusive measures can alleviate the acute situation. For example, if the CPS has concerns about substance abuse, regular drug testing may remove or reduce the concern to an acceptable level. In this case, emergency placement will no longer be proportionate or necessary, and the emergency decision must then be revoked.
If the Board finds in favor of the parents, the child welfare authorities must return the children immediately. If the parents are unsuccessful, the Board's decision can be appealed to the District Court.
You are entitled to free legal aid without means testing when the child welfare authorities make emergency decisions and place your children in emergency care. All legal assistance is free of charge and it is therefore important to contact a lawyer immediately. The lawyer will be able to give advice, contact the CPS to establish a dialog, obtain the case documents, as well as appeal the emergency decision and assist the parents through the entire appeal process.
An emergency placement of children is very invasive, dramatic and traumatizing for both parents and children. It is therefore natural for strong emotions to be stirred up, but our recommendation is to try to remain calm as far as possible. Be very careful what you say to the CPS in this first period after an emergency placement, as the CPS will document everything you say and do. Often there are unfortunate misunderstandings that follow the further course of the case. Therefore, hire a lawyer as soon as possible and leave the communication to them.
Our lawyers at Insa advokater have extensive experience in child protection cases and can assist you in your case. Get in touch with us here.
You have the right to be assisted by a legal aid lawyer if you have been the victim of a criminal offense.
The task of a legal aid lawyer is to safeguard the interests of the victim and the bereaved in connection with the investigation and trial. In addition, the legal aid lawyer must provide other help and support that is natural and reasonable in connection with the case.
You can contact a legal aid lawyer yourself when you have been the victim of a criminal offense. The legal aid lawyer will give you advice and guidance on how to proceed in your case and what you need to prepare for. The lawyer will assess whether you are entitled to have a court-appointed counsel and may apply to the court for appointment. The offense must be reported in order to apply to the court for appointment. Read more about when you are entitled to have a court-appointed counsel here.
You can get help to report the incident to the police and your lawyer can accompany you during questioning and liaise with the police during the investigation.
If you report the offense yourself, the police have a duty - already at the first contact with you as the victim - to inform you of the possibility of having a lawyer appointed. You can then get help from the police to find a suitable lawyer, or you can find one yourself.
During the investigation, your legal aid lawyer will keep you updated on what is happening in your case and may ask the police to take investigative steps that you want to be taken.
If the matter is reported and your case is dropped, your lawyer can help you appeal against the dropping of the case.
If the case is brought to court, the legal aid lawyer can represent you and give you advice and guidance during the legal proceedings. The legal aid lawyer can make a claim for compensation on your behalf in the court proceedings. In addition, the lawyer can help you apply for compensation from the state.
If you have been the victim of a criminal offense, it can be reassuring to be assisted by a legal aid lawyer. The lawyer can accompany you through the entire process, from the report to the trial, in a reassuring and responsible manner. They can also be a safe person for you as a victim or survivor - someone who ensures that your rights are safeguarded, someone who knows your case and is available to you, and someone who can guide you to various support services if you need it.
We at Insa advokater can help you assess your case and assist you as a legal aid lawyer. Contact us for an informal discussion here!
Have you bought a car with defects and want to make a claim against the seller?
The threshold for contacting a lawyer should not be high. If you are concerned about costs, your car insurance policy is likely to cover legal expenses up to €100 000. The policyholder will have to pay a deductible of between €2,000-5,000, plus 20% of any expenses incurred over and above the deductible, but the insurance company will bear the brunt of the cost.
Example: if your total legal costs are € 60 000 and your own contribution is € 2 000, in addition to the € 2 000, you will have to pay 20% of € 58 000. In this example, you would have to pay a total of €13,600 in excess. In other words, your car insurance policy potentially covers a large part of your legal expenses.
It is the insurance contract that regulates the conditions that must be met in order to obtain legal aid cover under the motor insurance policy. As a general rule, legal aid is granted from the moment a dispute arises. A dispute arises if you make a claim and the other party refuses. A lack of response from the other party (inaction) can also lead to a dispute under insurance law.
Note the insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance is likely to refuse legal aid coverage.
As a general rule, the insurance does not cover expenses greater than your financial interest in the case. For example, if you want to cancel a car purchase and the car is worth NOK 300,000, the insurance may cover up to NOK 100,000 in legal expenses.
We can help you with your questions about legal aid coverage.
If you have any questions about the content of this article or would like assistance in a dispute with a car seller, you can contact us without obligation here.
An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.
By questioning people who have information about the reported incident, the police will gather relevant information about what happened.
The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.
Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.
When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.
If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.
The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.
If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.
If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.
If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.
If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.
If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.
Conversation process is a form of treatment in child protection cases, offered by the county social welfare board (the Board) as an alternative to a negotiation meeting. The aim is to bring about a constructive discussion between the parties to the case and reach an agreement without a negotiation meeting, which is more time- and resource-intensive and can be perceived as more stressful. All parties must consent to the interview process in order for it to take place. This form of treatment is therefore only relevant in cases where the parties agree that it may be appropriate in the case.
The Tribunal invites the parties to a meeting which takes place in a much less formal setting than a regular hearing. The meeting is attended by the parties, with their respective lawyers, and two members of the Tribunal: a chairperson and an expert. The role of the chairperson and the expert is to help the parties reach a solution. The chairperson should act objectively and neutrally during the discussion meeting.
The child is entitled to be present at the interview. The child has the right to be accompanied by a person of trust and the right to be heard. Alternatively, the child's opinion can be heard through a spokesperson or by the child speaking directly to the Board.
The private party must be represented by a lawyer during the interview process. The private parties are entitled to free legal aid and can choose their own lawyer.
Through the interview process, the parties can explore the possibility of finding voluntary solutions in the best interests of the child. For example, they may agree to try different support measures for a period of time or other temporary solutions in the best interests of the child. It is possible to have several meetings in a case to try different solutions. If no agreement can be reached through the interview process, the Board will schedule a negotiation meeting.
The discussion process can help to improve communication between the parties and, in the best case scenario, can help to find flexible and appropriate solutions in the best interests of the child.
Talk to one of our experienced lawyers to see if the interlocutory process could be relevant to your case - contact us for a no-obligation chat here.
As an employee, a discussion meeting with your employer can have a major impact on your job situation. It is therefore important to be well prepared and to be aware of your rights.
Before the employer makes a decision on dismissal, the issue shall, as far as practically possible, be discussed with you and employee representatives. Both the basis for the dismissal and any selection between several employees of who is to be dismissed must be discussed. This is the purpose of a discussion meeting.
You have the right to be assisted by an advisor (e.g. a lawyer) during the discussion meeting. This ensures that you have a competent and experienced person by your side who can guide you through the process and help you protect your interests.
If the employer decides to terminate your employment after a discussion meeting, you have the right to demand negotiations with the employer. This gives you the opportunity to discuss the matter further and possibly arrive at a solution that both parties can accept. A typical example of such a solution is a severance agreement.
Severance agreements can be an ideal way to compensate for job and financial insecurity. We emphasize that severance agreements are not a legal right, but a solution that can be negotiated between the parties. Severance agreements may be relevant if the employer is downsizing due to, for example, financial or market uncertainty in the company, and where there may be grounds for doubt or uncertainty about the appropriateness of the termination.
We can help you negotiate good terms in such a severance agreement, for example by providing you with a salary during the notice period without the obligation to work, coverage of benefits such as mobile phones and computers, career courses/coaching covered by the employer and a so-called "severance pay" (salary after the end of the notice period). The severance pay can form a good basis for job and financial security.
Example: Stine is summoned to a discussion meeting on February 29 and is given notice of termination by her employer on March 1. Her notice period runs from March 1 to May 31, and she is expected to work throughout this period.
Stine demands negotiations with her employer and eventually negotiates a final agreement with exemption from the obligation to work during the notice period, pay during the notice period and severance pay equivalent to two months' fixed salary*. She further negotiates that there will be no reduction in the severance pay if she gets another job during the severance pay period. Stine is then entitled to salary for five months from March 1.
This means that if Stine gets a new job before the severance pay period is over, she will in reality have "double" pay from the first pay day in the new job.
*Note: all terms will vary depending on the agreement reached through negotiations.
A severance agreement assumes that the employer is willing to agree to such an out-of-court solution. If the employer is not willing to agree to such a solution, we at Insa can help you assess whether the dismissal is unfair and whether you should take legal action.
ATTENTION: The deadline for demanding negotiations is two weeks from the date of termination. The deadline for legal action is eight weeks.
We at Insa advokater are happy to assist you before, during and after a discussion meeting. Don't hesitate - book an appointment with us here.
Have you bought a house with defects and want to make a claim against the seller? Buying a home is one of the most important investments most of us will ever make. That's why it's crucial that the property meets our expectations and is in the condition we expect.
If you as a buyer discover defects in the property after the purchase, it may be a good idea to contact a lawyer for guidance in the claims process. If you have home contents insurance, it will probably cover the cost of a lawyer up to NOK 100,000. 100 000. As a rule, the policyholder only has to pay a deductible of between NOK 2,000-5,000, plus 20 percent of the expenses incurred in excess of the deductible. In other words, the insurance company covers the lion's share of the legal expenses. The threshold for contacting a lawyer should therefore not be high, especially if you fear high legal costs.
Example: if the total legal costs are NOK 60,000 and the deductible is NOK 2,000, in addition to the NOK 2,000, you must pay 20% of NOK 58,000 (NOK 60,000 - NOK 2,000). In this case, you must therefore pay a total of NOK 13,600 yourself. In other words: your home contents insurance will potentially cover a large part of your legal expenses.
The insurance company may also cover expenses in connection with the preparation of a valuation report or expert report.
The insurance contract regulates the conditions that must be met in order to obtain legal aid coverage through the home contents insurance. As a general rule, legal aid is granted from the time a dispute arises. A dispute arises if you submit a claim and the other party refuses, i.e. at the time the disagreement arises. A lack of response from the other party (inaction) may also mean that a dispute exists under insurance law.
ATTENTION: The insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance will probably refuse legal aid coverage.
It is also good to know that the insurance generally does not cover expenses greater than the financial interest in the case.
If you have questions or need help with your case, book a free consultation with us here.
Has the CPS decided to initiate assistance measures and you feel you have no choice? Be skeptical and ask questions! Bring a lawyer with you to the meeting where the decision is made. It may not always be the right thing to do, that it suits you and your family, or that the conditions of the law are met. You can ask the Child Welfare and Health Board to assess whether it is appropriate to impose measures.
According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.
The main rule is that assistance measures pursuant to section 3-1 shall be voluntary. It may nevertheless be decided that certain measures must be implemented by order. This means that the parents cannot oppose the measure. Very often, the CPS gives the impression that if you do not accept the support measures, they have no choice but to impose them on you. Be critical and take the case to the county administrative board if you disagree.
A distinction is made between compensatory, controlling, care-changing and parental support measures.
Compensatory measures
The aim of compensatory measures is to alleviate the family's or child's care situation.
In addition to stays in kindergarten or other suitable day care facilities, stays in a visiting home or respite care, homework help, leisure activities, use of support contact or other similar measures can also be compensatory. These measures reduce stress for the child, as well as ensuring stimulation and participation in activities.
Control measures
The purpose of control measures is to ensure that children are not subjected to abuse or maltreatment. Examples of such measures include supervision, mandatory reporting and urine tests.
Care-changing measures
The aim of care-changing measures is to help parents to perform their care tasks in a way that results in positive development for the child. This type of intervention involves various forms of parental guidance, including stays in a center for parents and children, and targets the parents' ability to care. Examples of such measures are stays in family centers.
Parental support measures without the child's consent
Parental support measures can also be implemented for children who have shown serious behavioral difficulties. The aim is to reduce the child's behavioral difficulties. Such measures that do not have consent cannot be maintained for more than six months.
No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your legal expenses if you are to attend the meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Insa lawyers are available for a chat if you have any questions, at no cost to you.
Measures may continue for up to one year, calculated from the time the decision was made. This does not apply to orders to attend kindergarten or other suitable day care. These measures have no time limit.
You should contact a lawyer if invasive measures are taken by the child welfare services. Do not accept the measures without consulting a lawyer. If no agreement is reached, the case must be sent to the Child Welfare and Health Board. According to the Child Welfare Act, the Board can make a decision on the imposition of remedial measures without holding a negotiation meeting. This means that the case is decided on the basis of the case documents. However, it is possible to request an oral hearing on whether measures should be taken.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In principle, you are not entitled to free legal aid for voluntary assistance measures. You are only entitled to legal assistance paid for by the state if assistance is ordered. However, it is recommended that you do not accept any assistance measures without consulting a lawyer. Demand that the child welfare services cover your costs. All too often, support measures are put in place without the parents challenging the child welfare services! Contact us for free advice before meeting with the child welfare services.
When the child welfare authorities make a decision to take a child into care, you must be consulted about the choice of foster home. Use a lawyer who can ensure that you are heard about your wishes regarding where the child should be placed. The child welfare authorities often do not follow your wishes and place children with completely unknown people, even if there are suitable alternatives in close family.
Yes, according to section 4, first second paragraph of the Foster Home Regulations, the child welfare service must "always" assess whether someone in the child's family or close network can be chosen as a foster home. Furthermore, your opinion must be included in the child welfare service's assessment. If your opinion has not been heard, you can complain to The Parliamentary Ombud.
Yes, other families can also be considered as foster homes.
According to section 5 of the Foster Home Regulations, the foster home should consist of two foster parents. Single parents may be chosen if the child welfare service finds that this would be in the best interests of the child in question.
If the child welfare service do not wish to place the child in the foster home you have proposed, it is important that a claim for a specific foster home placement is brought before the county social welfare board. The board can assess whether the people you have proposed are suitable as foster parents.
The claim for a specific foster home must be submitted and decided in the same case as the case concerning the takeover of care. If the board does not deal with this case, the district court will not do so either. Make sure you have a lawyer who knows this process, as there is often a slip-up here.
The Foster Home Regulations set out general requirements for foster parents. It states that a foster parent must have the ability, time and energy to give children a safe and good home. A stable life situation, generally good health and good cooperation skills. They must also have finances, housing and a social network that gives children the opportunity to develop their lives.
These requirements may be waived somewhat if it is undoubtedly in the child's best interests to be placed with a particular family or network. Challenge the child welfare service on this before you settle for the child welfare service's choice!
The child welfare service will need to ensure that the family will be able to cope with the dual role and the possible conflict of loyalties inherent in being both a family or close network and a foster home.
Do you have any questions? Contact us for a for a non-binding chat.
Has your neighbor caught you smoking hashish at a house party you had and sent a report of concern to the CPS? Read more about the case and our tips on how to deal with the CPS.
Parents will be invited to a meeting with the child welfare services following a report of concern about drug use. It follows from the Child Welfare Act that circumstances that may provide grounds for measures under the Child Welfare Act are sufficient to open an investigation. The use of narcotic substances, such as hashish, will result in an investigation.
As a parent, you have no obligation to explain yourself to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer rather than not showing up.
The child welfare service will normally ask you to provide a cannabis and urine sample. THC acid can be detected in urine from a few days to three months after you have stopped using cannabis. The purpose of the test is to find out your pattern of use.
You are not obliged to accept such a request from the CPS. If you have smoked at a party, there is little basis for requesting a cannabis sample. As the measure is considered particularly invasive, the child welfare service must have a strong suspicion of substance abuse if urine samples are to be ordered. Challenge the child welfare service if they demand a cannabis sample. However, you must consider the totality of the concern the CPS has before deciding whether to say yes or no.
The severity depends on whether your cannabis use has affected your children. In our experience, if you have smoked once in a while, without your children being present, this rarely results in intervention by the child welfare authorities. If you use drugs extensively and are considered addicted, it will often be considered abuse. Such abuse may lead to intervention by child welfare services.
If you accept that you have used hashish, this will be recorded. This may be self-incriminating, as the CPS may choose to report this to the police. The CPS does not normally report individual incidents to the police. However, it is stupid to withhold and lie to the CPS about the use of cannabis if it is obvious that you have used it. It can then be used against you. Use a lawyer to create a strategy for what to communicate and how to communicate it.
Even if the parents do not have a duty to explain, the CPS has the right to have a private interview with the child. Even if you are not entitled to this, you can ask for a person you trust to attend this private meeting, or you can ask for the conversation to be recorded on tape.
No! The child welfare service has a practice where they all too often ask for a waiver of confidentiality. As a parent, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. In cases where hashish is suspected as an individual incident, we do not see the purpose of lifting confidentiality. Therefore, it may be wise to challenge the CPS before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes.
In investigation cases, you are not generally entitled to free legal aid. However, you can make it a condition of your meeting with the CPS that they cover your legal fees. You run the risk of the CPS setting in motion a major process if you do not appear at the agreed time. Therefore, make sure to meet with the CPS, regardless of whether you have a lawyer with you or not. Insa lawyers are available for a short conversation on the phone, at no cost to you. Contact us on 21 09 02 02 or here.
As part of providing parents with advice and guidance, child welfare services often offer courses to strengthen parents' care skills. One of the most commonly used courses is the so-called Circle of Security (COS). This is a parental guidance course that aims to give parents the tools to better understand their children's needs, the signals they give, and what can be done to better meet these needs.
The course focuses on the "Circle of Safety", which is designed to help parents recognize their children's need for support from their parents, both when they have difficult emotions and when they are exploring the world. There is also a focus on the importance of good interaction between parents and children, and its significance for how children develop secure emotional attachment. The course will provide parents with knowledge and tools to handle any difficult situations that may arise.
The COS course will certainly give parents good knowledge and important tools they can take with them, but all too often we see that courses are offered that are not necessarily adapted to the situation the family is in. Even if the course itself is good, it will therefore provide little benefit if it is not the right measure at the right time. It is therefore important that you ask questions and make demands of the intervention the CPS wants to offer. Feel free to use a lawyer in your meeting with the CPS about this.
Insa advokater can assist with advice and guidance prior to meetings with the child welfare authorities, and we can participate in the meetings if desired. Contact us for for free for a chat about your case!
What is the limit for an employer's duty to check that foreign employees have the necessary residence and work permits? On April 15, 2021, the Supreme Court issued a judgment where the question was whether a limited liability company could be subject to a corporate penalty for employing a foreign worker who did not have a residence and work permit in Norway. The limited liability company was imposed a corporate penalty with a fine of NOK 30,000, but the judgment states that there is no objective criminal liability for companies.
The Supreme Court's decision clarifies and establishes that corporate penalties cannot be imposed on the basis of strict criminal liability. Corporate penalties can only be imposed in the event of negligence on the part of the company. The judgment entails a duty of investigation for the company to clarify whether foreign employees have a valid work permit. A breach of this duty may result in negligence on the part of the company, and the culpability requirement for corporate criminal liability will thus be met.
This decision is also of significance when imposing corporate penalties.
The company in the case had hired a foreign employee as general manager. The chairman of the board, who owned all the company's shares, established the company and hired the person in question to help him start his own business. At that time, the employed general manager had received a final rejection of his residence permit. In other words, he did not have a valid residence and work permit in Norway. Despite this, he was registered in the Register of Employers and Employees, and he had a tax card. In other words, the employer had reasonable grounds to rely on the information that he had a work permit in Norway.
The employee was arrested by the police and the company was subsequently fined NOK 25,000. The company was informed that failure to accept the fine would result in a fine of NOK 30,000. The company did not accept the fine, and the case was taken to court. The prosecutor deviated from what was stated in the fine and claimed a fine of NOK 500,000.
Corporate penalties are regulated by section 27 of the Penal Code, which states that companies can be punished in cases where a penal provision is violated by someone who has acted on behalf of the company. The provision specifies that this applies "even if no individual has been guilty". According to this wording and the preparatory works, there is objective criminal liability for companies. The Supreme Court also considered whether such objective criminal liability is compatible with Article 6(2) and Article 7 of the European Convention on Human Rights, which prohibit punishment on a purely objective basis. In the event of conflict between the Convention and other Norwegian law, the Convention shall prevail, cf. section 3 of the Human Rights Act.
The Supreme Court concluded that section 27 of the Penal Code cannot be applied according to its wording, and that under Norwegian law, corporate penalties cannot be imposed in cases where no one has been guilty. However, the Supreme Court concluded that there was no requirement for intent or gross negligence under section 108, third paragraph (a) of the Immigration Act, and that corporate penalties can thus be imposed in cases of negligence.
The Supreme Court then specifically assessed whether the chairman of the company's board of directors had acted negligently. In this specific assessment, the Supreme Court emphasized that the chairman of the board had not investigated whether the man who was employed had a work permit, and that this was sufficiently negligent conduct on the part of the chairman. This was despite the fact that the man had informed the chairman of the board that he had a work permit, he was registered in the Register of Employers and Employees and he had a tax card.
The Supreme Court thus imposes a very strict due diligence requirement for companies that employ foreign workers.
Since the conditions for a corporate penalty were met, the Supreme Court went on to consider the assessment of the corporate penalty. The original fine was NOK 25 000. It was stated in the fine that failure to adopt the fine would result in a fine of NOK 30,000. However, during the proceedings in the District Court and the Court of Appeal, the prosecutor claimed a fine of NOK 500 000.
The Supreme Court stated that one should be able to rely on the prosecuting authorities to impose a fine in the same order of magnitude as the original fine. The Supreme Court stated that even though the prosecuting authority is not bound to the amount notified in the fine, it would be reasonable to settle on a fine of the original informed amount of NOK 30,000. The company was fined NOK 250,000 in the Court of Appeal, and the Supreme Court reduced this considerably.
If your company has foreign employees, this decision means that the company should have routines for checking the citizenship/residence permit of all employees at the time of employment. In order to create a uniform arrangement for all employees in the company, and at the same time make it easier for the company, this routine check at the time of employment should apply to everyone.
The decision can be found here.
Are you one of the parents who have been summoned to a meeting with the child protection services following a report of concern? In 2021, the child welfare services received 53 468 reports of concern. Investigation proceedings were opened in 41 933 of these.
According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.
All too often, the child welfare service initiate investigation proceedings without having assessed the seriousness and severity of the report. According to the Child Welfare Act, there must be circumstances that can provide grounds for measures under the Child Welfare Act in order to open an investigation case. In practice, this rule is rarely followed up. This is something the lawyer can challenge the CPS on. Remember that it is important to be confident when dealing with the CPS. If the case is serious or you feel unsafe, the recommendation is to have a lawyer with you. Prepare yourself well and make a strategy for what you want to communicate in the meeting with the CPS.
No, it will never be used against you if you bring a lawyer to the meeting with the CPS. According to the Public Administration Act, you have the right to have a lawyer with you in a meeting with the CPS.
No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your lawyer's fees if you are to attend the meeting with the CPS. You run the risk that the CPS will set a big machine in motion if you do not show up at the appointed time. Insa lawyers are available to talk to you on the phone, at no cost to you.
Even if the parents do not have a duty to explain themselves, the child protection services have the right to have a private interview with the child. Even if you are not entitled to this, you can ask for someone you trust to attend this meeting, or you can ask for the interview to be recorded on tape.
No! The child welfare service have a practice where they all too often ask for a waiver of confidentiality. As parents, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. Therefore, it may be a good idea to challenge the child welfare authorities before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes. So the general rule should be that you do not sign, but rather give the CPS access to the information they need. The CPS does not normally need access to your medical records for the last 10 years.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In investigation cases, you are generally not entitled to free legal aid. However, you can make the meeting with the CPS conditional on them covering your legal costs.
You are entitled to free legal aid if your child is placed in an emergency placement or taken into care.
Please contact us at Insa advokater if you have any questions regarding a meeting with the child protection services. It does not cost you anything to contact us!
Under Section 5-7 of the Child Welfare Act, parents who have been deprived of custody of their children have the possibility to request that the decision be revoked; in other words, to demand that they regain custody of their children.
Under the law, the authorities are obliged to revoke a decision to take achildinto care as soon as it is "highly probable that the parents can provide the child with proper care". This obligation is in accordance with ECHR Art. 8(2) which requires that only necessary interventions can be legitimized.
However, even if the probability requirement is met, the law states that return shall nevertheless not take place if the child "has become so attached to the people and environment where he or she is that relocation may lead to serious problems for the child if he or she is relocated". "Serious problems" means that the adaptation problems in the event of a return must be of a certain strength, and something beyond what would be normal in the event of a return.
The question of return must be addressed to the parent or parents who have custody of the child in accordance with the rules of the Children Act, and the claim can be made if the case has not been dealt with in the last 12 months.
In order to provide peace and stability for the child, the law contains an important limit on the right to request a review of the return issue more than once. If the Child Welfare and Health Board or the courts have decided that the child should not be returned because it could cause serious problems for the child to be returned, the issue cannot be re-examined by the Board or the courts unless there is a "significant change in the child's situation". A significant change could be, for example, that the foster home terminates its agreement.
As usual, the child's opinion should be given weight in such cases, but in a return case the foster parents also have the right to be heard.
You are entitled to free legal aid if the tribunal or court is hearing your case for reinstatement.
You can contact Insa lawyers if you have any questions, at no cost to you.
Children have the right to express their views and participate in any matter concerning them. This right is a human right enshrined in section 104 of the Norwegian Constitution, Article 12 of the Convention on the Rights of the Child and section 1-4 of the Child Welfare Act. In child protection cases, children's views and opinions are an important basis for the decisions of the child welfare services, the Child Welfare and Health Board and the courts. Furthermore, this right ensures respect for the child's integrity and dignity.
A child who is capable of forming his or her own opinions has the right to participate in all matters concerning the child under this Act. Children have the right to express their views to the child welfare authorities without the consent of their parents and without informing the parents of the interview in advance. The child shall receive adequate and appropriate information and has the right to freely express his or her views. The child shall be listened to and the child's opinions shall be given due weight in accordance with the child's age and maturity.
According to the preparatory works, the child has an independent and unconditional right, but not an obligation, to participate. The child should receive adequate and appropriate information and has the right to express his or her views freely.
Furthermore, it follows from the preparatory works that it is up to the body that is to make the decision to ensure that the child has been informed of the right to be heard and that the child in question is actually given the opportunity to express his or her views. It is the same body that is responsible for assessing how such an interview should be conducted and organized. A spokesperson may be appointed, but the child may also speak before the tribunal, a judge or an expert who may be involved in the case.
According to the law, the child's opinion should be given weight in accordance with the child's age and maturity.
It is a procedural error if the child is not given the opportunity to be heard and this error can lead to a judicial decision being overturned.
It follows from section 12-3 of the Child Welfare Act that if the child has reached the age of 15 and understands what the case concerns, he or she may act as a party to the case and thereby assert party rights. If the interests of the child so require, the Board may also grant a child under the age of 15 the right to be a party.
In cases concerning children with behavioral problems or measures for children who may be victims of trafficking, the child should always be considered as a party.
You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.
Previously, it was a requirement that you had to pay NOK 100 000 to establish a limited company. Many people chose to establish their company as a sole proprietorship instead. In 2012, however, the amount you had to pay to establish a limited company was reduced to NOK 30 000, and today more and more people choose to establish a limited company (AS) rather than a sole proprietorship.
Do you have a sole proprietorship but want to change it into a limited liability company? In this article, we explain what a sole proprietorship is, when you should and how you can convert your sole proprietorship into a limited liability company, and how Insa can help you.
A sole proprietorship (ENK) is characterized by being owned by one person with unlimited liability and risk. In cases where the risk is very high, it can be considered whether the legal form should be changed to limit liability.
The owner of the enterprise cannot be listed as an employee himself, but the owner can have employees. This means that the owner does not receive any salary payments, but can dispose of the profits himself. The profits of the enterprise are considered as your income and must be taxed. The owner must pay wages to the employees and employer's contributions.
There will also be fewer social rights for the owner than there are for the employees. Social rights are defined as sickness benefits, unemployment benefits and pensions.
Another characteristic of a sole proprietorship is that it is not a separate legal entity. This leads to a confusion between the finances of the sole proprietorship and the person running it. For this reason, sole proprietorships are not very attractive to investors.
After you have changed your legal form from a sole proprietorship to a limited liability company, the first change will be that your limited liability company will have an organization number. Furthermore, the AS will be seen as a legal person. This may result in some contracts having to be amended or adjusted. New account numbers and customer relationships with the bank will also be required.
The company must be registered in the VAT register after you have invoiced for €50,000.
A transition from a sole proprietorship to a limited liability company may at first glance seem somewhat complicated, but we have skilled lawyers who can assist you...
If you have any questions related to the change of company form, please contact us at Insa advokater here.
You have started a company, but find that the legal form you chose is not suitable for you and your company after all. What do you do? Are you tied to the company form you have chosen and have to start again, or can you transfer the same company to another company form?
The legal form you choose sets the framework for your organization, responsibilities, taxes, risks, obligations and rights. A change of company form means that you change or reorganize your business into something new.
Sole proprietorship - perhaps the easiest form of company to start. Setting up a sole proprietorship offers great freedom of action and simplicity, but the downside is that there is no separation between your personal finances and the finances of the sole proprietorship.
General partnership - most commonly divided into either an ANS (general partnership) or a DA (joint liability). An ANS and DA are forms of company where the participants in the company are personally liable for the company's financial obligations. ANS and DA have simpler procedural rules and are easier to operate than a limited liability company, but in return they carry a greater share of the risk for the company's obligations.
Limited liability company - a form of company with limited liability for the company's owners. Ownership in a limited liability company is divided into shares and the owners are not personally liable for the company's obligations to its creditors. However, there are a number of requirements concerning the procedure and management of affairs, and the way in which the limited liability company can distribute dividends to its owners.
Other - There are also many that are organized as limited partnerships, partnerships or public limited companies, but this is more rare. Norwegian registered foreign enterprise (NUF) was more common before. Now that the share capital requirement for starting a limited liability company has been reduced to NOK 30 000, NUFs have become increasingly rare.
In the past, it was common for many businesses to start their company as a sole proprietorship or NUF. The reason was that there was previously a minimum requirement in the Limited Liability Companies Act that you needed NOK 100 000 to establish a limited company. In addition to this, there were ongoing auditing costs. However, after a change in the law that lowered the share capital requirement from NOK 100 000 to NOK 30 000, more and more people started ASs, in line with what the legislator wanted to achieve.
The government has also made it easier to convert a company from a corporate form to an AS. For example, a founder who starts a sole proprietorship should be able to easily change the company form if the company grows out of that particular company form. For example, the state recognizes the conversion from a sole proprietorship to an AS as tax-free.
A limited liability company has many advantages compared to e.g. NUF, ANS and ENK. A limited liability company has limited liability, is flexible and is more suitable if multiple owners are desired (especially if there are to be different levels of activity among the owners).
There are different levels of risk associated with the different types of company. A limited liability company makes a clear distinction between your personal finances and the company's finances. If a limited liability company goes bankrupt, only the paid-up share capital can be lost (with the exception of the owner's or board of directors' actions in tort). If you run a sole proprietorship, on the other hand, you privately risk losing your personal assets such as your car, boat or holiday home.
If you decide to change your legal form to a limited liability company, you should be aware that it will involve more time spent on paperwork and documentation than before. There are several criteria where the rules are stricter for a limited company than for a sole proprietorship, NUF or ANS. Some of these are for example:
Are you considering converting your company form and have questions in this regard? Contact us at Insa advokater, completely free of charge, here.
As a victim or survivor of a criminal case, you have the right to be assisted by a legal aid lawyer. The role of the legal aid lawyer is to safeguard the rights of victims and survivors. You can read more about the role of the legal aid lawyer here.
In some cases, you are entitled to have a court-appointed lawyer. This means that the public authorities will cover your legal expenses.
In cases concerning restraining orders, forced marriage, human trafficking, abuse in close relationships, female genital mutilation and sexual offenses, you are entitled to have a legal aid lawyer appointed. The same applies if the criminal act is likely to cause you serious and/or long-term harm.
Children who are victims in criminal proceedings have the right to be accompanied by a legal aid lawyer when being questioned by a judge. The same applies to cases where a child is attending a juvenile court hearing and a public defender has been appointed for the perpetrator.
Furthermore, as a survivor, you may be entitled to the appointment of a legal aid lawyer. You are entitled to this if a child under the age of 18, for whom you had parental responsibility, has died as a result of a criminal offense. In other cases, the court may appoint an assistant lawyer for the bereaved when special circumstances indicate that there is a need for one.
In addition, the court may appoint an assistant lawyer for you as the victim where the nature and seriousness of the case, the interests of those affected or other special circumstances indicate that a lawyer is needed. The court will then make a concrete assessment of the nature and character of the case, based on an application from the lawyer. If you feel you need help, you should therefore contact a lawyer in any case. The lawyer can help you assess your case and apply to the court for appointment if there are grounds to apply.
We at Insa advokater can assess your case and apply for an appointment if we find grounds for it. This does not cost you anything. If you are not appointed by the court, but still want the assistance of a legal aid lawyer, you must cover the costs of the lawyer yourself. We can still assist you.
Contact us for an informal and non-binding chat here!
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