What Is the Difference Between Corporate and Commercial Law? (2024)

There are currently more than1.1 million practicing lawyers in the US. The world of law is a complicated one. If you need legal assistance, there’s a good chance you need help knowing where to begin. There are different kinds of law, so when you need aid, what type of lawyer will you need to contact? Two of the most well-known types are corporate law and commercial law. You’ve probably heard both terms before but might still need to learn what they mean. Both relate to business, but they’re different.

In this business guide, we’ll cover what corporate and commercial law is and what the difference between the two is. Keep reading for more.

What Is Corporate Law?

Corporate law is also sometimes calledcompany law. The field of law relates to businesses, dealing with things like rights, relations, and business conduct.

It’s mainly based on how companies are governed and controlled. It also focuses on how corporations are structured and how their structure supports the company’s function. Corporate lawyers are highly specialized in this area, making them very valuable to clients.

Some of the things that corporate law often relates to include the launch, maturity, growth, or decline of a business. These changes can significantly impact businesses and the markets and operating landscapes they’re a part of.

There are various activities that businesses engage in to constantly adapt to changes and challenges in the market. This includes things such as:

  • Acquisitions
  • Corporate restructuring
  • Corporate finance
  • Litigation
  • Insolvency
  • Mergers

An Example of a Situation Involving Corporate Law

If a few individuals were setting up a partnership for a new business idea, one of the members may want clarity on how their partners intend to operate within this business. They can contact a corporate lawyer to assist them with the partnership agreement. This would help make the situation clear, and the agreement could help resolve any disputes that arise in the future.

What Is Commercial Law?

Commercial law is sometimes referred to asbusiness law. It still has ties to corporations but in different areas. Rather than focusing on a business itself, it applies to commercial activities that a business takes part in.

These activities can vary, but they’re typicallytransactional. As such, commercial lawoftendeals with things like contracts and the transfer of property.

Generally, this is when a company is communicating with an outside entity. It covers purchasing and offering physical things like products and impalpable things like patents and innovation rights. It often ensures that the vendor and dealer are paid properly.

For the most part, commercial law follows the UCC (Uniform Commercial Code). It mandates laws relating tooffers of products, debatable instruments,lease of goods, and secured exchanges.

The UCC applies in all states, but each state can make alterations. Because of this, it’s important to discuss things with a commercial lawyer, as they’ll have a better understanding of the specific laws in your state.

Commercial law typically covers a wide range of activities. Sometypical matters that involve commercial law include:

  • Contract law
  • Property Law
  • Competition law
  • Consumer law
  • Labor law
  • Intellectual property
  • International trade law

An Example of a Situation InvolvingCommercial Law

Someone owns a software development company and needs some legal work for the business. They want to take on some part-time staff but need an employment contract. On top of this, they’ve developed a new piece of advanced software.

They may want legal assistance to secure a patent for the new software, which is something that a commercial lawyer could assist with. They could also help with generating an employment contract for the new staff.

The Difference Between the Two

At a basic level, the main difference is in terms of how businesses are run and the transactions they make. Corporate law covers governance and regulation, which dictate how a business operates. Commercial law covers any matters that relate to transactions and commercial trading.

Why Hire a Commercial Lawyer or a Corporate Lawyer?

There could be a whole range of reasons why you might want to hire a commercial or corporate lawyer. Within a company, the person most likely to hireeither type of lawyer is the person running the business.

As the owner or manager, you’ll oversee most general business operations. With that in mind, no owner is an expert in labor laws, mergers, or business restructuring. If you want to do any of these, hiring a corporate layer can be very beneficial.

They’ll ensure you do everything correctly. This will keep things efficient and prevent any mistakes that could have repercussions.

Similarly, you probably deal with most transactions and other commercial activities, but there will always be things that you don’t fully understand.

If you have any issues with things like contracts, hiring new staff, or international trade, then hiring a commercial lawyer may be the best course of action. They’ll advise and guide you to make sure everything is handled correctly.

Finding a Lawyer

Whatever legal issues you’re having with your business (whether commercial or corporate), you want to make sure you hire a suitable lawyer. Boyer Law Firm practices corporate and commercial law and other areas such as family law, intellectual property, and US immigration. We have offices in Jacksonville, Orlando, Miami, and New York.

If you’re having legal issues,send us a message using ouronline contact form, or get in touch at(904)236-5317.

What Is the Difference Between Corporate and Commercial Law? (2024)

FAQs

What Is the Difference Between Corporate and Commercial Law? ›

At a basic level, the main difference is in terms of how businesses are run and the transactions they make. Corporate law covers governance and regulation, which dictate how a business operates. Commercial law covers any matters that relate to transactions and commercial trading.

What is the difference between commercial and business law? ›

Commercial law focuses on the sale and distribution of goods and transaction financing. Business law focuses on the legal needs of forming a company and property issues such as leasing office space. A business that sells products will need a lawyer with experience in both fields.

What's the difference between corporate law and business law? ›

Business law deals with the fundamental legalities required for new businesses or organizations to be formed while corporate law focuses more on the activities, operations, and validity of organizations. Summarily, corporate lawyers write contracts and business lawyers review them.

What is the difference between big law and corporate law? ›

Answer and Explanation:

These law firms have major clients and compensate their attorneys heavily. While Big Law and corporate law are not analogous, many Big Law firms do practice, or specialize, in corporate law, as corporate law is where a lot of revenue can be obtained for law firms.

What is corporate commercial? ›

Corporate commercial law is a specialized branch of law that deals with the legal aspects of business operations. It encompasses the regulations and guidelines that govern corporate activities, including transactions, contracts, compliance, and dispute resolution.

What is the difference between business and commercial? ›

Business vs Commercial

Business is more general, referring to a process of setting up an organization designed to provide goods or services to the public. Commercial entities are a subset of businesses, specifically those that exist to make money—usually through the exchange of products and services for payment.

What is the difference between common law and commercial law? ›

Common law governs contractual transactions with real estate, services, insurance, intangible assets and employment. UCC governs contractual transactions with goods and tangible objects (such as a purchase of a car).

What is the difference between corporate law and tax law? ›

No, tax law specifically deals with taxes. Corporate law does include the topic of business taxes, but it also includes many other topics, as well. These include insider trading, contracts, and mergers.

What is the difference between corporate law and partnership law? ›

Corporations establish a separate legal entity, limiting owners' personal liability, while partnerships mean owners personally represent the business. Partnerships are pass-through entities so they don't pay corporate taxes; some types of corporations (namely, C-corps) are subject to the corporate tax rate.

What is the summary of business law? ›

Business law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals.

What is the hardest area of law? ›

The most challenging course in law school varies widely, depending on your personal interests, your professor, and your way of thinking. In general, more students find constitutional law and civil procedure the most challenging because they are much more abstract than other areas of law.

Why does Big law pay so much? ›

Why does Big Law pay so well? Big Law firms pay well in part because of the extremely competitive market, in which firms are raising salaries to keep up with each other and capture top talent. That competition is creating a wider divide between the largest firms and the midlevel and small firms.

What is the difference between corporate and commercial client? ›

Corporate banking refers to the aspect of banking that deals with corporate and other business customers. Commercial banks make loans that enable businesses to grow and hire people, contributing to the expansion of the economy. Both types of banks offer various products and services.

What do you mean by corporate law? ›

Corporate law is a type of law that oversees business management, operation, and formation. If you choose this career path, you can impact the big players of the business world in various industries and specializations.

What does commercial mean legally? ›

FindLaw.com defines commercial law as an area focused on selling and distributing goods and financing transactions.

What is the difference between commercial and business litigation? ›

Common types of business litigation include breach of contract claims, intellectual property disputes, construction lien claims, and shareholder derivative actions. Commercial litigation is more wide-ranging and often involves multiple parties.

What is covered under business law? ›

Business law covers a wide range of topics such as contracts, property rights, corporate governance, taxes, business formation and dissolution, consumer protection, environmental regulations, and many more.

What is the difference between business law and employment law? ›

When handling issues such as contract violations and unfair business complaints, a company owner will deal with business law issues. However, once employees and workplace problems arise, the business owner will enter into employment litigation.

What is the legal definition of commercial business? ›

Commercial business is an activity conducted by companies to provide goods or services for sale. Commercial business includes the activity done outside of manufacturing or producing the products. Commercial business can also include the use of land or business for business activity, such as retail stores.

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