Business Law
July 15th, 2009 at 08:53pm
Under Business Law
If you use a computer, and run a business, then no doubt you have gone through, and may still be going through, the confusing time of deciding which technologies are actually important to your business.
Is that latest program really going to help you, or are you going to find yourself spending more time trying to figure out how it works, or finding someone else who uses it.
I present for your consideration, the definitive list of what software you should be using, to keep your business running smoothly and efficiently, who could pass that up!
Skype
Skype is a program now used by over 9 million people worldwide, which allows free calling between skype users, including video calls, and ridiculously cheap calling rates to countries around the world.
Skype has multiple options similar to what your phone company would traditionally offer (voicemail) and even has the “skype in” feature, allowing you to (for a monthly charge) have a landline number people can call, that routes into your skype program. This feature comes into its own when you are dealing with customers from different countries, as you can give them a local number, and save the toll calls.
Skype helps your business because calls become clearer and significantly cheaper, saving thousands a year due to the reduced cost involved. If you have staff that move around then it becomes your lifeline, because your staff can be sending and receiving calls anywhere in the world with an internet connection, irrespective of landlines.
Download Skype 3.0 Now – http://www.skype.com/download/ .
Microsoft Office Outlook 2007
Microsoft’s outlook is an email application from Microsoft, although most commonly used for email’s, it also has a built in calendar, notes manager, and contact management.
Outlook is a solid basis for any organization, and with an exchange server, Users can have a shared mailbox as well as individual, and with the centralized contacts manager, you never have to ask someone for those customers’ details again.
With the new Vista edition, Outlook has gotten a system revamp, with a new snazzier finish, and a more intuitive design, Outlook is easier and faster to use than ever, making it a program no business can do without.
Check it out now – http://office.microsoft.com/ .
Firefox
Firefox is a graphical web browser increasingly being used as a replacement to Internet Explorer, with currently over 9 million people using it, it is becoming a strong player in the market.
Firefox incorporates a lot of features that make web browsing easier, from an intuitive page search that searches as you type, to tabbing, allowing you to have one window open, but multiple web-pages open inside it, a feature other browsers have quickly tried to incorporate.
Firefox is also significantly faster, and more secure, with a fix response time to security vulnerabilities as high as 3000% faster than Internet Explorer.
Firefox helps your business run faster, more secure, and more flexible, advantages all around.
Download Firefox 2.0 today – http://www.getfirefox.com/ .
McAfee Internet Security Suite
Let’s face it, the internet is a scary place, if it was a real place, it would be full of dark alleys full of dark figures, and everyone’s letterboxes would be overloaded with junk mail.
McAfee Internet Security Suite combats this problem, by introducing a powerful suite of programs, including spam blocking, safe web browsing and antivirus.
McAfee gives you 0 day protection for virus’s, meaning that as soon as a virus is found and the protection created, it is sent out immediately, unlike other antivirus suites, that might update only once a week, leaving you unprotected if you receive the virus the day it is released.
McAfee helps your business by keeping you protected against virus’s, and notifying you of the “dark alleys” of the web, so you know not to go down them.
Check it out now – http://www.mcafee.com/ .
ProWorkflow
How can you keep track of everything these days, with all that paperwork to do, and those customers to ring, how could you possibly know what Johnson is doing down the hall? Because you have ProWorkflow, that’s how!
ProWorkflow is a project management and time tracking solution, that gives you the control to see what all the staff are up to, how work is progressing, and see upcoming tasks and projects, even allowing customers logins so they can see how far you are on their projects.
And with the new Enterprise version, you can now manage your company worldwide, with the ability to submit projects to other locales through the click of a button.
Sign up for a free trial today – http://www.proworkflow.com/ .
Windows Vista Business Edition
Windows Vista is the new operating system from Microsoft, with the Business Edition being the first operating system to be specifically designed for the modern business.
With an overall upgrade to the look and feel of windows, getting things done becomes easy, no longer will you have the need to call tech support, or your “expert” staff member over again.
And with new features, such as Windows Meeting Space, doing things with other people becomes a breeze.
A must have for anyone that uses a computer for business.
Check it out today – http://www.windowsvista.com/ .
Microsoft Office 2007
Microsoft Office is a complete business system for creating and editing files, and even better, most business’s use at least some form of it, meaning you will practically never come across someone who can’t read the file you just sent to them.
Microsoft Office also integrates with your windows experience, merging with outlook, to provide you full Microsoft Word functionality when writing and receiving emails, and with the new Getting Started screen, you have plenty of pre-built documents ready and waiting to help.
Microsoft Office is a must-have for anyone who uses documents, and lets face it, who doesn’t! Whether it’s typing up a quick to do list, or preparing a professional report, Microsoft Office 2007 is your perfect companion.
Check it out today – http://office.microsoft.com/ .
Pageflakes
Pageflakes is your own personal start page on the internet, whatever business you are in, either personal or professional, Pageflakes will make your life easier.
With Pageflakes, you login (email and password is all they ask for), then add a few flakes, basic web-based programs that do things from display you-tube videos with a keyword attached to them, to a to-do list, to a clock, add some RSS feeds with interesting content to maybe help you learn something new, and viola!
You now have a homepage with content customized to you, where everything is relevant, and as an added bonus, you can access your content anywhere with a web browser and internet connection.
Now that’s smart business!
Get started at – http://www.pageflakes.com/ .
You-Tube
Who doesn’t know You-Tube? … Exactly!
You now have a branding space that basically everyone knows about and has visited at least once. This is the type of marketing space that advertising agencies dream about, and guess what, people go to you-tube to watch things, some of the most popular videos are advertisements, for example, a dove advertisement on the site has been played over 3 million times, and re-posted hundreds of times.
All you need to do is record a video with something humorous, or thought provoking, or alternatively something to help your customers, such as a how-to video or insight in your field of business.
Show it to some people, send it to some users, and so long as your video isn’t boring, bland or otherwise, than you have just given yourself some (relatively) free advertising.
Join the You-Tube revolution – http://www.youtube.com/ .
By Law Article
July 15th, 2009 at 02:52pm
Under Business Law
The Feldman Law Center, a Law Firm that provides nationwide loan modification and debt relief services announced the recent acquisition of former Lending Tree Vice President Mr. Jerry Koller to head up their expansion. Mr. Koller brings us a wealth of knowledge, says Mr. Steven C.Feldman as Koller has worked for Mr. Anthony Hsieh Former ETRADE Financial CEO who then founded HomeLoanCenter.com and sold it to Lending Tree in 2004 for an undisclosed sum. With over 20 years in the finance and mortgage industry Feldman feels the long awaited acquisition could not have come at a better time.
Feldman Law Center was one of the original loan modification attorneys providing loan modification services throughout the country and has grown at a record pace over the past year. Back in the day, homeowners facing foreclosure or immanent hardship due to interest rate adjustments didn’t know what a loan modification was and with the recent development of our Internal Management System Software and the acquisition of Mr. Koller we can structure our growth accordingly as to not adversely effect our day to day operation. The newly developed IMS system will improve the way we do business and allow us to process and negotiate over 5,000 loan modifications per month. Currently the Feldman Law Center manages a large case load and negotiates pools of loan modifications with the major loan servicers like Country Wide Home Loans, Chase and CITI Mortgage. The original staff of five has grown to over 65 in a year that most new nothing of loan modifications being used to stop foreclosure. The Law Offices occupies over 10,000 sq.’ in Mission Viejo, Ca. and is currently negotiating the lease of another 35,000 sq.’ in Irvine, Ca. Coincidently within a mile of the former Lending Tree campus Mr. Koller frequented. Feldman sees the rapid growth as the next “refi boom” and it should be smooth sailing with Koller aboard. “We couldn’t do it without a man of his caliber” says Feldman.
Mr. Koller went to every Loan Modification Company and Law Office that provides loan modification services in town before settling on the Feldman Law Center. When asked why Koller says, “He has the reputation and I want to work for the best”. When asked why loan modifications, Koller says “I like helping people and I miss the fast paced operations”.
By Law Article
July 14th, 2009 at 08:53pm
Under Business Law
In these difficult economic times, new businesses are much riskier to try, but there is no more lucrative an area even in the current conditions than for an inventor or designer who can create a new invention or process and who can afford to have it patented.
Whether you live in San Diego, Orange County, Los Angeles, Long Beach, Santa Barbara, Rancho Cucamonga, Ontario, Temecula, Anaheim, Irvine, Huntington Beach, Laguna Beach, Newport Beach, Santa Ana, Encinitas or Palm Springs conditions are much the same throughout California. Business is slow and much of what little real estate is selling are the foreclosed homes.
As a Business Lawyer in Southern California, people are always asking me for the next great area of business in which they can make money and what legal restrictions there might be in the future. When asked these questions the one place I don’t turn to is those newsletters that tell you how much money you would have made if you had followed their advice and invested in certain stocks or gone into the cell phone business.
For the most part, however, you can almost certainly bet that their advice is wrong, so you can likely assume that the opposite of their advice would offer a better chance of success.
Many newsletters are still focused on getting into businesses that rely on the consumer having discretionary cash to purchase unnecessary items. That’s probably not just bad advice, it’s lousy advice. Television commercials telling you that you can make tens of thousands a month working from home are a way to take your money for seminars, books and other materials that most likely in the end will cost you more than you’ll ever make, once you add in your start up costs.
On the other hand, one or two of the ideas being touted may be the fad of the future, no matter how little money people have to spend. For instance, if people will buy expensive clothes for their dogs, does that mean that they’ll buy little prom dresses for their infants? Hard to say.
However, if the high heeled shoes cause injuries to those infants, you can see the lawsuits coming already.
What’s the next item we can’t do without or that we like just fine now, but would pay an extra $50 to have a designer version of that item? That depends as much on good marketing and a good business plan as the good idea. If you have that and the resources to start production, create a website, hire a search engine optimizer to help your website get noticed on search engines and then know how to create publicity for your product, you are halfway home. But all of that costs money, lots of money, or lots and lots of time. But if the design is unique, it may make much more sense to apply for a design patent and then to license or sell your patent outright to another manufacturer.
One item that makes business run is credit. But all you hear in the news is how hard it is now to get credit for a house, for a business, for anything. You can therefore almost certainly count on new businesses popping up that offer their services in finding you credit. While this area of business is already regulated, as more and more scammers get into this business, you can be certain that more regulation will follow.
The difficulty with this type of business is that you may find it difficult not to be brushed with the same paint brush as the unscrupulous businesses who will guarantee to find a person credit for a fee and then either take the money and run or simply offer excuses why it was impossible for them to find their customer the credit they promised.
An area where there appears to be an opportunity in these times is helping others and in doing so, you may help yourself. Consumers need real help to survive this economic mess. Web sites that actually provide a service such as locating cheap gas, coupons for groceries, clothing sales or other basic necessities may be the one area in which there could be demand by the consumer. This type of service will require a lot of free advice, however, time and people to gather this information and it still could be difficult to recoup your investment.
Perhaps the best way that still exists to make a lot of money is if you can develop an idea for an invention. Utility patents are very expensive to obtain using a lawyer. Most charge from $7,500 on up depending upon the complexity. However, you can obtain a provisional patent or a design patent for substantially less and as soon as the application has been accepted (as opposed to when the patent is granted, which takes much longer) you can begin to market your invention to other companies and either license your patent pending invention to them or sell it outright.
So start thinking about what hasn’t yet been invented, or improved upon in an important way, and if you need assistance with obtaining a patent, trademark or copyright, call us or visit us at our website where you can access much more information about intellectual property.
Sebastian Gibson graduated cum laude at UCLA in 1972 and received two law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law in Southern California.
Mr. Gibson’s practice focuses on the areas of personal injury and wrongful death, business law, corporations, real estate, international law, entertainment law, patents, copyrights and trademarks, and a wide variety of other legal areas.
Sebastian Gibson is admitted before the Superior Courts of California as well as several Federal District Courts. He is the senior partner at the Law Offices of R. Sebastian Gibson.
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and Irvine and up to Ventura, Santa Barbara and San Luis Obispo.
Visit the Sebastian Gibson Law website at
http://www.SebastianGibsonLaw.com . Benefit from the representation of an experienced law firm who can represent you as your
California Business Lawyer and
California Intellectual Property Attorney .
By Law Article
July 14th, 2009 at 02:52pm
Under Business Law
Every entrepreneur should consider having a business partner that understands Business law. Columbus Ohio business lawyer and Delaware Ohio business lawyer are experts in business law and you can consult them for any of your legal problems in business. They have detailed information about the legal issues that an entrepreneur might have to face in the course of his business development or day to day business operations.Columbus Ohio business lawyer and Delaware Ohio business lawyer understand the issues a business might encounter right from the time a business is setup to the time that it is dissolved. They have many business clients in a wide variety of industries and they can offer a range of legal services. They are well qualified for the job and they have years of valuable experience to back themselves. They also perform many in-house legal services for their clients.Columbus Ohio business lawyer and Delaware Ohio business lawyer offer a large number of value-added services to their clients. If you want to set up a new business you can take their advice on the steps that are involved. They will see you through all the legal decisions that are needed during the formation and establishment of the business. They will also provide guidance through the incorporation and partnership formation. They will also provide valuable advice on the norms that govern the formation of limited liability companies and other firms. Columbus Ohio business lawyer and Delaware Ohio business lawyer look into the legal processes that are available in the business planning process as well. They can make the company by-laws, operational contracts, and sale deeds. They help in drafting out corporate filings and company records. They also decide upon the legal content of annual meetings, minutes of meetings, and in formulating the company resolutions and policies. They also give advice on the legal aspects of financing, security issues, and tax regulations. Columbus Ohio business lawyer and Delaware Ohio business lawyer can take care of the legal aspects involved in all business negotiations and corporate transactions. They can also facilitate the legal services like lease negotiations and commercial leasing. They can give appropriate legal advice when the entrepreneurs contemplate mergers, divestitures, and acquisitions. They equip the entrepreneurs with adequate legal knowledge so that they can devise successful strategies to deal with the legal aspects of their businesses. They also help their clients with knowledge on handling competition. Columbus Ohio business lawyer and Delaware Ohio business lawyer also give expert legal advice when the company is in the bankruptcy stage and is looking to potentially reorganize itself. Apart from this these lawyers educate the firm on the legal issues involved in corporate human relations. They can provide guidance on matters related to labor laws, safe working environment, legal issues involved in occupational hazards, and in general health administration.
By Law Article
July 14th, 2009 at 08:53am
Under Business Law
In late 2007, the Federal Trade Commission (”FTC”) issued its “Red Flags” rule, which imposes identity theft regulations on a class of businesses that the FTC defines as “Creditors.” Many businesses are not aware, however, that the FTCâs expansive definition of Creditor sweeps into the Red Flags rule a broad array of industries, including professional services providers (for example, accounting and law firms), small businesses, non-profits, and retailers of goods. In fact, the FTC estimates that over 11 million businesses are covered by the new rule. The FTC will enforce its identity theft “Red Flags” rule beginning May 1, 2009.[1] * * *The “Red Flags” rule (found at 16 C.F.R. § 681) requires any “Financial Institution” or “Creditor” that offers or maintains “Covered Accounts” to develop written identity theft prevention and detection programs to identify, detect, prevent, and respond appropriately to identity theft Red Flags. “Red Flags” are patterns, practices, or specific activities that indicate possible identity theft; for example, when a customer complains about a bill for goods or services the customer claims never to have received.A “Creditor” is a person who “regularly extends, renews, or continues credit,” including the right to purchase property or services and defer payment. The FTCâs current interpretation of “Creditor” is very broad. According to one FTC attorney, a Creditor includes anyone who regularly provides goods or services without requiring immediate payment. Both for-profit and non-profit entities may be affected. In fact, a company or organization may fall into the category of a Creditor that offers or maintains a Covered Account simply by permitting customers to pay for services by means of payment plans or monthly invoices. Although certain industry groups have challenged the FTCâs broad interpretation of the term “Creditor,” to date, the FTC has not issued an exception for any particular industry.A “Covered Account” is also defined broadly, and includes “(1) [a]n account . . . primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions . . ., or (2) [a]ny other account . . . for which there is a reasonably foreseeable risk to customers or the safety and soundness of the creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.”If a business is a Creditor, it must periodically determine whether it offers or maintains Covered Accounts. Although a “one-time” transaction (such as a typical retail sale) might not constitute a Covered Account, a customer account that provides for multiple transactions or payments and results in debt probably does. If a Creditor determines that it offers or maintains Covered Accounts, the Creditor must institute an identity theft prevention and detection program to address the risks of identity theft. The program must include reasonable policies and procedures to (1) identify Red Flags and incorporate them into the program, (2) detect and respond appropriately to Red Flags, and (3) periodically update the program. In addition, a Creditor must ensure that its third-party service providers have reasonable programs for detecting, preventing, and mitigating the risks of identity theft associated with the Creditorâs Covered Accounts.Fortunately, the Red Flags rule is risk-based and allows for “flexible implementation.” Thus, a Creditor should utilize policies and procedures that are “reasonable” and “appropriate” in light of the Creditorâs activities, the types of Covered Accounts at issue, and the relative risk of identity theft. The FTC has stressed that identity theft programs do not necessarily need to be complex or technology-driven. In fact, a Creditor may incorporate its already-existing policies, procedures, and technology. Some procedures may be as simple as checking a personâs identification before opening a new customer account. The FTC does not expect that the Red Flags rule will present a substantial burden for a Creditor that is not subject to significant identity theft risk, for example, a Creditor that does not maintain sensitive customer information. The FTC also does not expect the rule to present a significant burden for a Creditor that has already instituted policies and procedures to address identity theft risk.Pending further guidance from the FTC, businesses should carefully consider whether they are subject to the Red Flags rule and, if so, what their compliance obligations will be. It should be understood, however, that in all cases the FTC requires that a Creditor have a written identity theft program that has been initially approved by the Creditorâs board of directors or an appropriate board committee, and that subsequent development and administration of the program take place at a board or senior management level.Be Mindful of Changing Requirements. With identity theft becoming an increasing concern in virtually all industries, businesses that maintain or process sensitive customer information (such as social security or credit card numbers) should carefully assess their policies and procedures for protecting customer information. In addition, businesses that operate in multiple states should be aware that most states, in addition to the FTC, have statutes and regulations regarding identity theft. For example, over forty states, including Maine, require businesses to take certain steps, such as notification, when a data breach has compromised certain customer information.Recently, the State of Massachusetts issued even stricter regulations, requiring businesses to develop “comprehensive information security programs” to protect personal information such as social security, driverâs license, and financial account numbers. These regulations, found at 201 C.M.R. § 17.00, are not limited to Massachusetts-based businesses. Rather, they apply broadly to persons “who own, license, store or maintain personal information about a resident of the Commonwealth of Massachusetts.” Massachusetts is requiring compliance with these regulations by January 1, 2010.Conclusion. Businesses that use or maintain personal information susceptible to identity theft should be mindful of this rapidly evolving area of law, and they should consider seeking assistance from legal counsel to determine how best to comply with state and federal requirements. If you have questions regarding the effect of laws related to identity theft on your business, such as the Red Flags rule, please contact an attorney in the Business Law Group at Verrill Dana, LLP. For further information please contact the Verrill Dana attorney listed below:Alistair Y. RaymondBusiness Law Group (araymond@verrilldana.com)
By Law Article
July 14th, 2009 at 02:52am
Under Business Law
Even if you don’t live in a town with a professional sports team like San Diego, California or Los Angeles, CA, it is likely you still have at least amateur sports teams in almost every city of Orange County, and even if your city just has high school teams in La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Santa Barbara, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, you and the players on those teams are probably sports fanatics as we are, and may also have a legal issue in many of the sub-areas of sports law without even knowing it.
Few firms in the U.S. today practice in the field of Sports Business Law. It requires a knowledge of entertainment law, intellectual property, sports brand development, professional regulations, broadcast and media law, sports sponsorship, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.In addition to having knowledge in those fields, it helps to have a strong background in international law, if not English law as well.
Clients at a sports law, law firm are sports team owners, cities, athletes, stadium management companies, and sponsors. You will be dealing with product manufacturers, the media, banks, the USPTO, sports organizations, arbitrators and the courts.
If you are a true sports aficionado, you will wish the business of sport had less to do with the law, but with each passing year it seems to have more rather than less.The rules referees must now live by often makes it useful if they are lawyers in their spare time.
As society becomes more and more concerned with fairness, we see greater use of replays, and less discretion given to the officials to call the game or to correct a mistaken call on their own.Sports teams and their lawyers must constantly be vigilant to protect their trademarks and branding and spend as much time promoting their team and their sport as running the day to day operation.Fortunately, in the end, the time and cost of sports business law attorneys are worth it, with the value of most sport teams rising year after year.
The opportunities to get into sports business law are limited. Many more law students take courses in sports law than will ever have the chance to practice the little they learn in law school.
If you are an athlete, or a business in the sports world and need the assistance of a sports lawyer, call us or visit our website at http://www.californiaattorneyslawyers.com to learn more about how we can assist you. Or call us to speak directly to Sebastian Gibson about your sports law, entertainment law, intellectual property, trademarks, sports brand development, professional regulations, broadcast and media law, sports sponsorships, corporate finance, labor law contract law, merchandising, anti-trust law and litigation.
Visit our website at
http://www.californiaattorneyslawyers.com you have any type of sports or entertainment legal matter.. We have the knowledge, and resources to represent you as your
San Diego Sports Lawyer or your
California Sports Attorney no matter where you live in Southern California, in San Diego, Orange County, CA, Los Angeles, the Inland Empire or Palm Springs, from Chula Vista to La Jolla to Carlsbad, from Newport Beach to Anaheim, from Riverside to Palm Desert.
By Law Article
July 13th, 2009 at 08:53pm
Under Business Law
So, business managers up and down the country are preparing to bid farewell to 2008 and usher in a whole new year. Over the last 12 months, we’ve seen changes to flexible working, dispute resolution and even how companies that cause a person’s death are dealt with. What’s in store for 2009? Well, here are a few changes to business law that we will definitely see occurring, so prepare to update all your employment contracts and business documents as necessary!
Redundancy and Unfair Dismissal Becomes More Expensive
At a time when there may be many thousands of redundancies, the cap for maximum redundancy and unfair dismissal payments have been increased. When it comes to calculating the weekly wage for statutory redundancy pay, the maximum has increased from £330 to £350. The maximum statutory redundancy payment or basic award is now £10,500, up from £9,900, and the maximum compensatory award for unfair dismissal has gone from £63,000 to £66,200.
Right to Time Off for Public Duties Expanded
In April 2009, the rights to time off for public duties will be extended to include membership of a wider range of roles including youth offender panels, court boards and probation boards. It’s worth noting that although they will be given the time off, there is no obligation to pay them for this time.
Right to Request Flexible Working Expanded
Currently, the right to request flexible working hours in employment contracts is only open to parents with children under the age of six or who are disabled. In April next year, this right will be extended to parents of children all the way up to 16, opening up the option for some 4.5 million more parents. Under the legislation, employers won’t be obliged to grant the request but they will have to have legitimate reasons to reject it.
Trainee Doctors get Reduced Maximum Working Hours
In August, the notoriously overworked trainee doctors will have their working hours reduced in the final stage of the phase-in to a 48 hour week. In 2004, the maximum was reduced to 58 hours, and in 2007 it was reduced to 56.
Tips no Longer Count Towards Minimum Wage
Under current rules, employers can process service charges and gratuities paid through the payroll as part of their obligation towards minimum wage. From 2009 this will no longer be allowed.
Minimum Holiday Time Increased to 28 Days
In 2007, the minimum days paid leave for most UK workers went up to 24 days including bank holidays. In April 2009, the second part of this act is passed and it is raised to 28 days including bank holidays. This will have no effect on those giving bank holidays in addition to the minimum holiday day allocation, but if you are only giving your employees 24 days in total at the moment, be sure to update your business documents and employment contracts to reflect the changes.
Acas Code of Practice for Discipline and Grievance Procedures
April also sees the revised Acas Code of Practice on disciplinary and grievance procedures introduced. This means that where there is a breach in the Code of Practice, a tribunal can change the award granted by 25% up or down.
Centralised Vetting System for Workers Dealing with Children and Venerable Adults
In October, the Safeguarding Vulnerable Groups Act will come into force, creating a centralised vetting system for those banned from working with both vulnerable adults and children. Employers will be able to make checks online using a constantly updated database and, where possible, employers will be informed if an individual in their employ is added. There will be fines of up to £5,000 for employers who either knowingly employ people from the list for these roles, or fail to make relevant checks.
Health and Safety Offences Act
At the very start of 2009, the Health and Safety Offences Act will come into effect. As long as you are doing everything that needs to be done with regards to health and safety already you can safely ignore this one, as it only changes the available punishments. From January 16th, a maximum 2 years imprisonment and/or a maximum £20,000 fine will be available to those who breach Health and Safety regulations. Additionally, while such offences were only available for prosecution in the Magistrates Court, from January they can be tried in the Crown Court. With such hefty punishments soon to be available, it might be a good idea to ensure your business documents pertaining to health and safety are fully in order, just in case!
These aren’t the only laws and regulations changing in the next 12 months, but they are amongst the most important to most business owners. Make sure that you’re aware of the upcoming changes that apply to you and get your business documents and employment contracts in order for when the laws change!
By Law Article
July 13th, 2009 at 02:53pm
Under Business Law
With highly sophisticated infrastructure and free enterprise economy, Thailand – officially the Kingdom of Thailand – attracts many foreigners to set up and conduct innovative businesses. However, in order to invest or conduct a business in Thailand, a foreign investor is required to comply with certain laws and regulations. Al though they are sometimes complicated, these regulations are straightforward and not problematic.
The laws regarding foreign business laws in Thailand are governed by the Foreign Business Act, B.E. 2542. In other words, the Foreign Business Act 1999 (FBA) is the most significant law that oversees major foreign-owned businesses in the country. Published on December 4, 1999 in the Royal Government and came into existence with effect from March 3, 2000, this Act actually replaced the Alien Business Law, otherwise known as the National Executive Council No. 281, which was enacted in 1972.
The Foreign Business Act 1999 has been developed to provide the country with a modern as well as effective legal framework that enables foreign investors to invest in large scale. According to the Foreign Business Act, a company is regarded foreign, if it complies with following regulations such as:
- The entity not being registered in the country
- A registered or a limited partnership entity with non Thai managing partner
- Al though the entity is incorporated in the country, foreign shareholding is half or more than half of the overall shares of the company
- Over half of the firm’s capital fund is derived from a person who is not of a Thai nationality
As per the Foreign Business Act, the businesses have been categorized into three categories, such as Category A, Category B, and Category C. Under the Category C, foreign individuals are completely restricted from starting certain business for some special reasons, and some of them are newspaper publication as well as television or radio business firms, livestock business, wood processing business, business in connection with the Thai herbs, trading of antique or any items of historical significance, manufacturing of the images of Lord Buddha, and land business.
As in the case of the Category A, the Category B also prohibits foreigners from investing in certain types of businesses. Among these businesses are businesses that may affect the safety as well as security of the national, such as, manufacture and sales of items like gun powder and explosive items; businesses that may affect the art and culture of the country like manufacture of wood items, manufacturing of earthenware items, silkworm rearing, orchard farming, and laundry services; and businesses that may affect natural resources of the country, such as, manufacture of sugar from sugarcane, mining of rock salt, and processing wood to build furniture as well as utensils. However, such businesses may be conducted if the entity can gain the approval of the Board of Investment.
When comes to the Category C, it allows foreign firms to invest in certain types of businesses, provided they get approval from the Committee. Included in this category are farming of rice as well as production of flour, business in connection with fishery and forestry matters, mining, manufacture of glass containers and crockery, lime production, accounting and legal service businesses, and architecture and engineering related businesses.
A foreigner interested in investing as well as conducting any of the business specified in the Category C is required to submit an application with the Department of Commercial Registration in order to receive a license, namely, Alien Business License, before starting any business activity in the country. This license would be valid for a stipulated time period, and would be further subject to certain conditions.
However, for a foreigner or an alien company to apply for Alien Business License, the Ministerial Regulations, as per the Section 8 of the Law, has put forward certain conditions, of which some of them are the overall debt in connection with the financing of the business should not exceed seven times the capital possessed by the proprietors, partners, and shareholders of the business; money brought from abroad should not be less than the amount that has been declared as capital investment for the business in Thailand; and the number of Thai as well as alien directors must be in accordance with the capital held.
A plethora of law firms and other related service providers are in the scenario to help foreigners in dealing with complicated laws in connection with the foreign business registrations.
By Law Article
July 13th, 2009 at 08:53am
Under Business Law
Talking about business laws in microscopic detail would need a couple of months of your time! There is indeed a plethora of legislation that governs small businesses, ranging from state to county laws. Some are relevant to your business even today whereas others are outdated and have not been enforced since the early part of the last century!
It is not possible for any single entity, including your local law enforcement department to know them all. Yet, it is vital that you are familiar with at least the most important laws that pertain to your business. As usual we’re here to help.
Business laws fall into certain categories as listed below:
• Business formation laws – these laws pertain to the structure of the business. For example a sole proprietorship is regulated very differently from a corporation.
• Tax laws – comprise laws pertaining to all taxation issues, whether it is the filing of returns or the payment of sales tax, corporate tax and other similar levies.
• Employment laws – these govern recruitment and retrenchment of employees, wages & workers’ compensation, unemployment benefits, workers’ rights and related issues.
• Trademark and patent laws – these laws pertaining to ownership of intellectual property such as inventions, trademarks and patents.
• Environmental laws – Companies engaged in the recycling of material and the discharge of hazardous waste must comply with environmental regulations.
• Consumer protection laws – these protect the consumer from fraud or unfair business or advertising practices.
Headache, already? Here are a few tips to help you deal with it.
One size doesn’t fit all. We just talked about some of the important legal categories under which you will find regulations that affect most businesses. In addition, specific laws may apply depending on the type of activity involved. If, for example, you are selling company stocks you will need to adhere to the Securities Law, but for a medical practice, there’s an entirely different set of rules that come into play. State laws may also dictate how contracts and legal documents are to be written and enforced.
Start at the beginning. Just as you craft a business plan in stages, look at the whole legal puzzle bit by bit. Begin with the laws pertaining to the basics of starting a business. Do you need a business license or a special permit? Are you planning to hire employees or will you go it alone? If your business sells goods, it will need to pay sales tax. Look at each business aspect carefully to understand which category of laws apply to it.
Know only what you need to. If you are in business by yourself, for example, you won’t need to bother with laws governing workers and staff until you are ready to hire additional people. Likewise, if you are in a service business, you typically won’t need to bother yourself with removal of hazardous waste.
See the bigger picture. As your business grows, so will the number of applicable laws. Always examine the legal angle when you plan new projects and initiatives. Also, discuss all potential significant legal matters with your advisor.
Ensure compliance. Be unafraid to ask questions of your legal advisor and do not assume something is legal just because it is a common trade practice. Also talk to the local Chamber of Commerce or other business owners to make sure you are on the right side of the law.
Make amends. Finally, should you find that you’ve contravened a law without intending to, take remedial measures. The law is quite lenient with first time offenders – of course, it also depends on the nature of the violation.
Having to deal with laws and legislation may seem a drag, but there’s no denying their importance. Taking adequate steps to ensure that you have to run into them only as much as you need to!
LegalMessenger.com™ is one of the leading online providers of business and personal legal forms and contracts. When you request a legal form or contract, LegalMessenger.com™ gives you all related legal documents on the same subject for FREE, providing you with a Complete and Total Protection of your rights.
The My Tax Tutor series is full of tax saving tips, tricks and strategies specially designed to cater to Home-Based Business Owners, Internet Marketers, Small Business Owners and Truckers.
By Law Article
July 13th, 2009 at 02:52am
Under Business Law
It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business. Below is a list of the most important business laws.
Business structure laws: There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships.
Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking.
Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close.
Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business.
Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws.
Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business.
Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business.
Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business.
Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate.
Beware Of Laws
The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.
Additional Help
There are firms that offer their services and products to help make the process of starting and running a business very simple and easy. There is also software to make sure your company remains legitimate.
By Law Article
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