Posts filed under 'Legal'
Being in the new world of an Entrepreneur or Business Owner can be daunting. Not knowing where to go, what to ask, when to ask and even if you do ask, having the remote possibility of someone actually knowing what you are talking about can and will make it of the most stressful times of your life. If you are not extremely careful, you could be paying ‘school fees’ for the rest of your business life, if you don’t get it right up front. So make sure that you have contracts and agreements in place. When looking for legal generic documents or help in terms of legal documents that have to be written up specifically, I always use www.agreementsonline.co.za. Simplify your life – get your contracts in place and get yourself legally safe – it will go a long way to alleviating stress.
Let’s face it marriages are not made in heaven – why on earth would you think that partnerships are? The quickest and easiest way for a relationship to sour is when money and/or power and/or emotion come into the equation. So why not deal with these issues up front and get them out of the way. Some of the issues that a contract between yourself and a partner that should be covered are things like, but not limited to:
how is the business to be set up
finance - who pays for what when setting up the business
finance – who earns what
finance – what expenses are covered by the business and what expenses are personal.
Separation of duties – who is responsible for what
Divorce – if things go pear shaped, how do you undo the relationship without destroying the business.
Always have a beginning (how it is set up) a middle (how is it to run) and an end (how to undo it.)
Your association agreement should be in addition to the CC documents or Company documents that you sign. The CC and the Company documents that you sign upon registration just evidence that you both ‘own’ the business – nothing else.
Tip # 1 : Remember even if you are married to your partner – your marriage and your partnership are two separate issues and you should have two separate contracts in place. Just because your marriage goes sour doesn’t mean that the Business has to fall apart to. contracts
Then you need to set up contracts with your clients – they also need guidelines on how you want your relationship with them to run. Again it has to be about but not limited to:
What you are going to give them (either in services or product)
How and when they are going to pay you.
Remember the National Credit Act – unless you are a registered provider you cannot give credit or lend money. Therefore your payment terms need to be quite clear.
Tip # 2 : Ensure that your wording on your invoices matches (in spirit) what your Terms & Conditions say – your invoice cannot say ‘Pay on presentation’ if your Terms & Conditions say “Payment 30 days”.
Tip # 3: Make sure you have indemnity clauses in place to protect yourself from issues beyond your control.
You need to have contracts in place with your Service Providers too – they also need to have consequences if they don’t deliver and please believe me – many won’t.
Tip # 4: Beware of signing sureties! Banks and landlords love to tie you up with sureties – don’t be drawn into signing! They could end up costing you your Business, your home and even the shirt off your back. contracts
Contractors and Agents – especially if you are out-sourcing work – make sure that your expectations and those of your contractors and/or agents are clearly reflected in your contract, and that you both have your responsibilities and the consequences thereto clearly documented.
Tip # 5: Make sure you meet the requirements of the Basic Conditions of Employment Act and that your Agent/Contractor falls outside of the requirements of ‘What is an Employee’ as legislated and promulgated into law.
Employees need contracts too – in fact your employees are required by law to have Letters/Contracts of Employment in place, within 48 hours of the staff member starting work. Your employee also needs to know what their duties and job descriptions are.
Make sure that issues like leave, sick leave, family responsibility leave, termination, hours of work and the like are covered in your contract.
Tip # 6: Make sure that you have all the Labour Requirements in place.
Having your contracts in place will give you absolute peace of mind.
contracts
September 11th, 2008
Searching through old county court records can be very interesting and can also give you a lot of valuable information that could help protect you and your family. County criminal records can give you information on individuals who are listed as registered sex offenders in your area. You can also do a court records search for information about your ancestors. Information such as marriage certificates, death certificates, property deeds and wills, and codicils can be found at your county court house.
Additionally, if you are going to be bringing a lawsuit against someone, then you can check to see if the individual or company has any other lawsuits against them by searching through county court records. Depending on your court jurisdiction, you may actually be able to peruse the court files yourself to find the information you want. In many jurisdictions this is no longer the case as steps are taken to avoid identity theft but you may be able to gain some information from talking to the court clerk. You should understand that the information you request may not be available to you right away. Some public records laws allow for a delay in the release of information and sometimes documents involving court cases may actually be in use by a judge. If this is the case, then you may still be able to gain some information by speaking to the clerk.
You can also find out information about a person’s criminal record by searching county court records. Searching court records can give you information about both Federal and Civil judgments against individuals, as well as any evictions and tax liens that have been filed against them. If you are looking to hire an individual or perhaps even rent a home to them, completing a court records search can be very helpful. This information can give you some idea of their reliability and honesty. This is especially important if you are looking to hire the individual for a position that requires the handling of money or will put them in a position where they will be overseeing personal client records.
If you are looking through county court records for criminal information on an individual, then not all documents may be accessible to you. While most of these documents are public records, there may be instances where the information is made unavailable. Records such as death certificates, marriage licenses and deed and will book information, however, are more readily accessible. If you are planning to search court records for this type of information, to perhaps to trace your family tree, then you may be able to find an endless amount of data. Try starting with the closest relative that you have no information about and go from there. You might be amazed at the information that you will find by doing a court records search.
September 11th, 2008
Security has been much on the minds of most Americans since 9/11. It has become common for job seekers to find that a prospective employer checks criminal records as part of the employment process. Some companies are even doing background checks on employees who have worked for them for many years. Also, the states have laws that require boards to do criminal record checks to make sure applicants for professional licenses don’t have convictions for offenses related to their occupations.
As part of the Government’s identity theft solutions a company must always obtain a prospective employee’s written consent before it can run a check and get criminal record information. Read your application carefully. Often the wording for obtaining consent for a criminal record check is written into the job application, though some companies use a separate consent form. Many states have laws limiting how far back they can check for convictions, or limiting the types of convictions they take into account for business or job-related offenses. Even if your record has been expunged, these types of offenses may still come up in a criminal records search. You may want to check with a lawyer to find out how far into the past an employer can look for arrests or convictions.
A state licensing board also checks criminal records of applicants in many professions. Teachers, health care workers, child or elder-care workers and accountants are examples of the types of people who may be subject to criminal record checks. In this case, the background check will probably be limited to occupation-related offenses. Thus, a conviction for larceny may not create a problem for someone who is applying for a license for massage therapy, but one for prostitution or another sexually related offense would. A criminal record will be especially problematic if you are applying for a license to work with vulnerable persons, such as children, the sick or the elderly.
Whether it is a company checking the background of a prospective employee, or a state licensing board that checks criminal records, a past offense can create problems in obtaining work. If the offense was in the distant past, a clean criminal record in the intervening years can work in your favor. Having your record expunged can also help in gaining employment or a professional license. In either case, if you have had a brush with the law, then you should see a lawyer to find out how your past offenses will affect your being able to find employment.
September 10th, 2008
Most people in California have never heard of the Song-Beverly Consumer Warranty Act, which is also known as the lemon law. This law is a real advancement for consumers when dealing with major auto manufacturers and dealerships. According to this California Lemon Law, if is ascertained that your vehicle is a “lemon” then the manufacturer must provide the consumer with a replacement vehicle or buy the automobile back from them.
In cases where the consumer does not own the required document for a lemon law claim, a California Lemon Law Attorney may be able to assist the consumer in obtaining those documents. And there are ways that you are eligible under the California Lemon Law. They are the following: the vehicle in question has a state that could cause injury to the driver; the vehicle has been repaired a number of times and it’s still not working qualifies for this lemon law; the vehicle has been out of service for a total of 30 days or more (not necessarily successive); the vehicle is only used for personal use and not for any business use. If all of the above exist, then you more than likely will qualify under the lemon law and should definitely talk to a California Lemon Law Attorney.
If the California Lemon Law Attorney feels that you, in fact, do have enough substantiation to go ahead with action against the manufacturer/dealership, then a phone interview will be held with the attorney. It is at this point that the California Lemon Law Lawyer will ascertain if you should proceed legally.
If you believe that a manufacturer/dealership has broken this law in the state of California, then we want to speak to you. Please fill out the form for a no risk, no obligation, free case evaluation to determine if you qualify under the California Lemon Law.
The vehicle manufacturer is under obligation with this law; if there are too many attempts to fix the vehicle or appropriate repairs do not seem to be working, to either repurchase or replace the imperfect vehicle. There is absolutely no set number of repair attempts and your lemon law will make sure that you know that. Vehicle manufacturers are obligated, under the California Lemon Law to repair defects and are allowed a reasonable amount of time to do it. What is a “reasonable” number of attempts simply depends on the make up of the problem. If it is serious enough then perhaps a “reasonable” amount may be fewer than four, but more than one. This is also part of the California Lemon Law.
September 4th, 2008
Paper shredders can be found in almost any office supply store. If one is looking for just the right security shredder, then perhaps they should do a little research, with regard to which personal shredder or office paper shredder is best. A shredder can keep one’s identity safe and keep unscrupulous thieves from finding sensitive documents in your trash. The internet is a great place to begin the search for the best machines on the market.
A paper shredder is always listed as a must have by a credit repair attorney that handles cases where an identity theft has been responsible for the credit damage. A few of the better identity theft prevention companies recommend the use of paper shredders to their clients, most notably Life Lock Com.
If a consumer is wondering where they can get the best paper shredders for their money, then they must understand what types are available. One can purchase a crosscut paper shredder that cuts paper both horizontally and vertically. Another purchase is the basic strip cut shredder. This one cuts the paper into thin strips. Particle cut shredders make sure that the paper is shredded into tiny pieces. All of these types can be found online or at any office supply store. Depending on the level of security a person desires will dictate what security shredder they ultimately purchase.
For those looking for a convenient way to keep their identification safe from unwanted thievery, then purchasing a paper shredder is just the ticket. Many different paper shredders are available for consumers to purchase, and if one knows what they are looking for, then they can find the perfect machine for their needs. The internet is a good place to find out all one can about these document destroyers, and how to purchase one. Keeping one’s identity safe has never been easier.
September 1st, 2008
My sister had just gone through the agony of divorce and now she received new proposal. As her brother I am really concern about what may happen. I know the pain of the divorce proceeding she underwent was really painful. So, I told my sister not to take decision in hurry.
effects of divorce on children
One day I came online– Internet– and read the latest headline on yahoo and it was all about divorce. I was tempted to dig further about this topic. So, using the search engines, I typed keyword phrases like “Causes of Divorce” to dig further. So, I was able to retrieve useful information like the following:
“Society has many different characteristics and one of them which does not make good reading is that of the rising divorce statistics. Please get married everyday and they say that it is for life, however with the alarming number of divorces which take place every year it is clear that marriages do not last for life The divorce statistics work in contrary to the amount of monies spent on weddings and clothes, parties and other things every year. We do not know where it will end but it looks like the divorce figures will continue to rise.”
In my mind that information would help my sister to decide whether or not to marry again.But I know, she loves the person who has proposed and eventually she will marry him. So, to be sure of the identity of the person I decided to search about detective works .
private investigating
Using keyword phases like “ideas on private investigation” I was able to find important information that would help my sister to decide. I was able to find info like this one below:
“Private investigation is becoming an alternative for persons who are adventurous. These individuals make adventures to gratify their curiosity. They make good both in detective and private investigation works.While it is recognized that the Internet is one of the best media for private investigation, it has its setbacks. Many Internet fraudsters now are using it to commit crime. There are some of them embezzle money electronically without the people able to tracing them down. What private investigators do is to investigate into electronic records in order to track the hackers and other fraudsters. “
criminal background check
And for me to be able to know deeper about the person that my sister will marry I searched about background checking and type keywords like “background investigation”. I was able to find info like this one below:
“The availability of the Internet has made it easy to do a world of things. Background investigations on latent personnel are no exception. You could search for Free Public Records or information about them by the use their names and social security numbers. If they have a criminal record, even one as small or trivial as a parking ticket, you would likely find it.Falsified records or data are a dime a dozen. You could get them on the corner of just some street or even off of the Internet for a meager fee. Curiously, the same Internet gives means of corroborating or contradicting these claims. If not, you could make a contact to authorities to help you out, or you could use a PI.”
My Internet search has enabled me to learn more information about the topic discussed above and I hope it will help for my sister’s decision making.
August 31st, 2008
Many individuals use the internet every day for a multitude of purposes. You might be shopping online, participating in online chats or using information off the web for work or school. All of these situations are innocent enough, but at the same time can make us available to those who are looking to introduce scams to unsuspecting victims. Learning to avoid scams can be accomplished by being aware of the types of internet fraud.
While its true a lot of scams are targeted towards the low income and senior citizen household, some do target the affluent. Some form of identity theft protection with someone like Life Lock should be considered if you shop online. Learn as much as you can about this form of theft by reading about the history of identity theft.
One great way to avoid situations of this nature is to simply be leery of any information that you receive through various online situations. Online forums, message boards and even chat rooms can be virtual playgrounds for those looking to perpetrate online scams. In order to avoid scams of this nature, you will want to be very aware of what to look for and what to avoid. Using these online mediums, scammers will put out information that is meant to entice individuals into taking part in the opportunity that they are offering.
While taking the time to avoid scams can seem like a little work, isn’t actively working to avoid them worth your while? You work hard for your money and to lose it all to an online scam would not be a pleasant experience. Do your homework. Know what scams are out there and get as much information about them as possible. There are several online websites dedicated to helping people avoid phishing scams, card fraud, click fraud, mail fraud, identity theft or any other type of online fraud schemes.
August 30th, 2008
The value of a stock can change at any moment, depending on market conditions and investor sentiment at the time. It’s important to understand that a stock doesn’t have a fixed price, but shifts depending on speculation and demand. When investors are making bids for the stock hand over fist because they believe it will make for a good investment, the stock price will typically increase. Likewise, if people think that the outlook is poor and rush to sell or short the stock in question, you will find the value falling. The price is only one measure of a stocks true value.
Return on investment is one of the most objective metrics of the value of a stock. Referring to the amount you earn back in profit for every dollar that you invest[/stock], it is something toward which you can [spin]speculate on the potential for a profit in the long term based on the past history of solid growth.
Individual stock market picks and investing ideas should follow with some risk in betting with the odds. Investing involves taking some risks with your money, but it is not like betting on horses. A long shot can always win, even if every other investor in the world is betting on that same winner (larger market capitalization). The direction of money influences the outcome in the stock market. If a lot of investors are buying X, than X’s stock price will go up. The shares of X become more valuable because more investors want it. Likewise, the reverse is true, so it is important to keep watch for the profit problem that exists.
You can make money with stocks by selling your shares for more than you paid for them or by collecting dividends, or both! The profit that you will make on the sale of stock is known as a capital gain. Naturally, you don’t get to keep 100% of your profits. The tax man will collect taxes on gains as well as a commission on the sale; however, if you’ve owned the company for at least a year it is considered a long-term gain… this means a lower tax rate on your return. What does this equate to? That’s right. More cash in your pocket!
Dividends are the portion of a company’s profit that are paid out to the shareholders. A company’s board of directors decides how large a dividend the company will pay, or whether it will pay one at all. While smart investing ideas in and of themselves, qualifying stock dividends are also taxed at your long-term capital gains rate.
Program trading, which refers to the process of buying/selling a “basket,” or group, of 15 or more stocks with a combined worth of more than $15 million, or all of the companies that comprise an index, can cause abrupt price changes in stock or a group of stocks… potentially even in the entire market! Some program trades are automatically fired off every time a limit order hits the target price that have been set to limit losses. And, the traders may even initiate programmed buys to profit from large spreads they detect between offers to buy and prices asked by sellers. In order to control potentially serious consequences, exchanges have instituted restrictions, called circuit breakers, to stop trading activity altogether in the event that the market collapsed. This essentially limits panic selling, such as that which happened during the Great Depression.
Now that you have heard about the buying and selling of stocks, as well as the forces that move the markets, you can start making money in the markets as an investor. Keep in mind that while big funds may move the markets, as an individual investor you have the ability to sneak in and out of insane gains.
August 29th, 2008
As you try to build your career in the law profession, you will have to go through several interviews that will land you a training contract. While filling up application forms and making good impressions are already huge challenges that you have to go through, you will also find it somewhat challenging choosing a law training contract firm to be a part of.
Several factors should be considered when choosing a law training contract firm. These factors should be thoroughly weighed before jumping in. The factors include the firm’s client base, its practice areas, the location, the size of the firm and the structure of the firm’s law training contracts.
August 26th, 2008
There are a number of sites out there that can help you to track cell phone number owners. If you need to find out who it is that has been calling you and you don’t have a name to go with the phone number you can choose to use reverse lookup online. If you put ‘trace cell phone numbers free‘ into a search engine it is going to give a good listing of companies that can do this for you.
You can trace cell phone numbers free. To start, you have to select a corporation that provides this function. Examine the site carefully, and read everything in the agreement. If you don’t, you might not find information about fees, etc. You can find a place that will do it for free, but you have to make sure of that.
Performing a reverse lookup on a phone number is simple once you have selected the firm you will use. An online tool called the reverse online cell phone number book is useful as it enables you to determine the name of the individual who is calling your cell phone. Some trace companies offer other procedures and tools to make this a simpler task to complete.
Once you find a company that simplifies your life, you will be able to use the boxes on your screen to enter the phone number you wish to look up. The program will search for a match after you enter the number, and then return the information to you when it finds a match.
You can get all sorts of data about a person. What you get varies with the company that you use. Some companies will only provide a name when you submit a number, while others give you an address, as well. If you are willing to pay an extra fee, you can often get a criminal history on that person, also. The whole process is very easy and you should be able to do it with no problem.
If you want to trace cell phone free it is really easy to do on a number of company web sites. There are a large number of these company sites out there so make sure you find the one that is going to work best for you. It is important that you read the warnings and small print or else you may wind up owing that company more money.
August 25th, 2008
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