Category Archives: Uncategorized

Characteristics of Corporations, companies, associations and business


A corporation is a legal entity that is separate and distinct from its owners. In the US, a company organized under the laws of the State under the Articles of Association. While both the Federal and state governments can form corporations in commercial and social activities. Federally chartered banks designated as national associations or national trust and savings associations. Under the law, there must be some indication in the name of the corporation that set. For example, “The Business Leadership Development Corporation” and “Zona Java Cafe, Incorporated” (abbreviated to “Zona Java Cafe, Inc.”) has two incorporated legal entity.

Company is a group of activities designed to produce income for profits that businesses, not-for-profit corporation, or government agency. Companies may be one or more legal entities.

In its simplest form, the company is a group of individuals who are associates or members, as opposed to a group of people assembled without a clear purpose. A team is well-connected group working in parallel with mutual accountability. In fact, the company is set teams to work together with a common purpose.

The “company” is used in the theatrical profession to describe a group of actors with associated equipment. The term is also used to describe a group of individuals who operate businesses whose employees and owners juristic, independent of form. In the United States, “company” may be related to partnerships, limited liability companies and corporations. A limited liability company has one owner is “nothing” by Internal Revenue Service if the owner elects to be taxed as a private entity. However, in some states and countries, “company” is synonymous with “business” – which means it has the legal form separate from their owners. Therefore, “American Express Company” and “Ford Motor Company” are businesses. In some countries the term “colleagues (and company)” is synonymous with “partnership” and “anonymous society” is synonymous with “business.”

The earliest form of business was a private company, then later with the cooperation. Individual companies were originally established by a public charter. However, the idea of ​​a joint stock company was created over time, which had individual owners with unlimited liability. A joint stock company was similar partnerships, but had certain rights different from individual owners. A modern company is actually a joint stock company with limited liability individual owners.

A trade name is often used to establish a brand separate from the legal name of the private company, partnership, corporation or limited liability company. For example, “BLD” is the trade name of The Business Leadership Development Corporation; “Reaching Plan B” and “Vitaprise” are trademarks Nigel AL Brooks. Names are common in concessions and licenses have a system where different legal entities are part of the same system, and thus have a common identity, such as Enterprise Rent-A-Truck, Holiday Inn, McDonald’s, and Subway. Trade names owned by the franchisor or licensor, but can be used by franchisees and licensees. However, when the business is done in the name of other than his own name, it is fictitious and will be listed as certified “make the name” in any jurisdiction required under state law. For example, if Nigel AL Brooks is doing business as “Vitaprise,” the name will be listed as a fictional each jurisdiction in which it is used.

A company is established to earn profits of income from fees, dividends, fees, interest, rents, royalties and sales minus the cost of the cost of revenue and operating items, and capital gains from investments. An entity such as a private company, we have, corporation or company, formed, organized or incorporated for the purpose of conducting business for the income is earned. As the unit is separate from, but related to business. A project’s start-up or early companies (like interest), which can be classified as “development stage party” because it has little or no income. Its future may be uncertain until the business has been proven.

The company will come when there is a commitment by the owners to generate revenue as a continuing concern and predictable patterns among constituencies begin to appear. So business can come much later than when holding a party for it was formed. The unit can be changed as circumstances dictate, without changing the nature of business. For example, the initial entity may be a corporation organized in Arizona, but later changed into a limited company registered in Delaware. Assets of the company and related revenue streams can be sold separately from the unit or the entire unit itself can be sold. Similarly, assets and revenue streams, and all parties can acquire.

Apart from the marketing efforts of the management company and legal form, its fate is ultimately determined by the frequency, Upgrade, location, and value of transactions of its customers based on their needs and wants. Such transactions are then influenced by the behavior of employees, regulators, competitors and market trends in general.

business drive is enterpriship (entrepreneurship, leadership and management) skills.


How to Protect Ebook your copyright


So, you’ve just finished your brand new book, and you want to make sure it is not copied or distributed without permission.

Basically, you want to protect the “rights to copy” ebook or, as it is more commonly known, your copyright.

Before we begin, I must point out that this information is only intended to serve as an introduction to the concept of copyright. Keep in mind that I am not a lawyer. If you have any doubts about the copyright, you should seek legal advice

Well, let’s start …

Part 1 :. Putting Your Copyright

As we have just seen, copyright is the name given to the protection of the ‘right to copy’ your writing.

When you own the copyright of a work, you have the exclusive right to reproduce any number of copies of the work in any way you choose. You can also, if desired, concentration ‘copy right’ to others.

When you create a script, then work your copyright applies automatically. You do not need to formally register the copyright in order for it to legally. In fact, you do not even put a copyright statement of work.

Having said that, it is still a good idea to formally register your copyright.

In the event that someone has stolen you work, have registered copyright may right to claim compensation from the offender. If you have not officially registered work, the legal recourse can be much harder.

For a more detailed examination of this important point, and others, I recommend reading articles available website.

If you do not want to invest money formal registration of copyright, then the next section, or you …

Part 2: The minimum you should do

If you are reluctant to pay the fees, there are other steps you can take to ensure that the world knows what the work. In fact, you should follow these steps, even if you register copyrights.

Including copyright statement in your book is no guarantee that your work will not be stolen. There is also no guarantee that you will be able to recover royalties or income loss of someone who illegally distributes or sells your book.

However, it stamps the work as being yours. It makes it clear that those who might be tempted to copy what they do not have that right.

Here is an example of a copyright statement that you can use …

Copyright © 2009 Your name (or company name).

All rights reserved.

No part of this book may be reproduced or sell

Note :. Some use (c) (the letter “c” in parentheses) instead of the official copyright symbol © (the letter “C” surrounded by a circle). In some countries the law does not recognize this as an official copyright symbol – it is not certain that the court will accept this. You should always write the word “Copyright” in full as part of your statement and you should always use the official symbol.

Another step you can take is to include copyright page in the book. Take a look at the copyright information in any book (or paper book) for ideas on what you should include on your page.

One last idea might be useful (from a legal point of view) is to print out a copy of the ebook on paper and save a copy of a storage device such as a USB key.

Place both a printed copy of the book along with the USB key in an envelope and then send it to yourself by registered mail. Be sure to keep the receipt for the post. Then, when the package comes to your home, put it away in a safe place (with proof) without opening it.

This is proof that you had a document in your possession on the date of mailing. If you do this before ebook goes ‘live’ then you’re sure that no one can have a copy of your work for this date.

Well, I hope this has helped you understand a little better the question of copyright.

Before signing off, here are some websites where you can learn more …

-The Publishing Law Center:

-The Copyright Website:


Cyber ​​Law – Many of the latest Cyber ​​laws are to protect business


Two decades ago it was not really the kind of Cyber ​​law. Today we can not pick up a newspaper without reading something about the legal issues relating to the Internet, or companies that do business there. The record and movie industry has been desperate over piracy, copyright infringement, and stolen intellectual property. And they have every right to be, but they are not taking it lying down.

In fact, we now see that many of the cyber laws on the books are there because the movie and record industry have sent their lobbyists to Washington DC to get a law passed to prevent this theft. Has it worked? Yes and no, piracy still exists, and it is doubtful whether it can all be stopped. The European Union has now come out with a new law to protect the company from individuals to download without paying for films and songs.

Software companies are also being ripped off, and it’s not just in places like China where you might expect, a lot of stuff that happens in the United States, and the Internet is worldwide, as of the digital divide. Sometimes people can not afford songs or movies so they download from a website that has pirated songs and movies, and then there are people who build websites that distribute this material find ways to get hold of it, usually you legally own.

Recently a very interesting article on cyber law and one of the big problems in the Wall Street Journal. The article was titled “Warner Bros probes Online Leak of the Potter” by Loren AE Schuker published on November 24, 2010.

It turns out that Warner Bros had latest Harry Potter film full of stolen four days at the head of his debut according to the article. Although full movie was not available, the first 36 minutes. were, and the people who love to play around with file-sharing were able to get it for free. Now allow me to express my opinion on this subject -. And then ask a few questions, philosophical course

If the movie business can not get a return on their investment because their films and movies are stolen and given away for free, they are likely to spend big budgets on big movies in the future, because they will not be able to make a profit. Indeed, this creates the danger of the market, and the reward is not there, if only go stolen.

This is the cost of not only the United States but also countries such as Brazil and India, are also now making films, along with China. How they protect their film industries, as they will have the same problems as we do here. How much is at stake – hundreds of billions of dollars a year. It is well above the GDP of 300 nations -. Stolen in cyberspace

Even though we have laws in the US, EU, and other countries, it is doubtful that cyber laws alone can stop this problem. It seems that cyber law is only to keep honest people honest, and criminals are moving around too fast to stop, even with the recent domain repossessions by authorities. Please consider all this.


What are the different types of criminal Cases?


Criminal law covers all violations of the individual against the state. A crime is always against the state, and when a criminal is punished, it is a punishment for the state. There are several types of criminal cases the law tried in the courts. These crimes are generally grouped into General offenses related / traffic offenses, sex offenses, White Collar Crimes, and various other offenses that can be tried in the courts.

General offenses are aggravated assault, kidnapping, murder, robbery, murder, embezzlement, false statements, perjury, oppositional arrest, theft, among other crimes within the fractions. Crimes within the Traffic / DUI is drag racing, aggravated driving, aggravated DUI, driving on a suspended license, child endangerment, reckless driving, extreme DUI and misdemeanor DUI among others.

sex offenses are committed against chastity person. Whether you are male or female, as long as you were offended in any way related to your person, pertaining to sex, the act itself can still be considered as a sex offense. This includes sexual abuse, child molestation, sexual assault, public indecency sexual, computer crimes, failure to register as a sex offender and official misconduct with a minor.

White collar crimes are those that are considered environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulations crime and racketeering.

Even the diversity of crimes defined daily when you are charged with any of these crimes, or you will be a victim, then you should seek out the guidance of a good lawyer to defend you and your rights in the proper court. While it is true that anyone can file a criminal case in the courts, it is important for you to consult a good criminal lawyer. If you were a victim, and you will find yourself terribly mistreated, you always have the option to seek redress in court. And if you are one arrested for punishment, you are also entitled to equal protection by the court where you are still presumed innocent until the court has convicted you of the crime charged.

crimes against the person per se, such as murder, vehicular manslaughter, assault and rape usually involves a greater degree of punishment where the life was the direct cause of. While the rape, as appropriate, life can not be taken, but the injury is always cause for a lifetime. Often these cases capture public interest and petty crimes like shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes judge based on the damage that criminals have caused either against the person or property.


Criminal Law


If you have been charged with any crime, a criminal law attorney is someone you should consider working with your whole case. Many people think of an attorney representing the defendants only in research, but criminal lawyers, law effectively perform a variety of services from the beginning of the case until the outcome of the case. Because criminal law is a complex matter, anyone thinking of his hand in the court should seriously reconsider their decision. An experienced criminal lawyer has a body of knowledge and courtroom experience needed to build the best possible protection for your criminal case.

representation for indictable offenses

A criminal law attorney can represent you if you have been charged with any of the many indictable offenses in New Jersey. This may include misdemeanor offenses with severe felony offense that can lead to hefty fines and long prison terms if you are convicted. When you hire a lawyer to defend you against indictable offenses as to work together through the whole matter. A lawyer can prepare and file documents in court, to represent you at the pre-trial conferences, working with prosecutors to reach plea agreement, question witnesses at trial and speak on your behalf in court.

bail reduction hearings

If you have been charged with a criminal offense and set the amount of bail is beyond financial position will allow you to pay, you may be able to get a bail reduction hearing. If you are granted such a hearing, a criminal law attorney can represent you. A lawyer can speak on your behalf in an effort to get the bail reduced to a manageable level. In these hearings, prosecutors argue that you are a flight risk or that you are at risk themselves and others and ask for bail reduction phone not provided. Having an attorney representing you can help yourself to argue that in fact these items and receive a guaranteed decrease your portion.


In addition to representing you in court, the lawyer can also take care of preparing and filing a number of proposals related to your situation. Motion to dismiss can be prepared if there is no legal remedies available to discuss. Proposal for summary judgment may be made to ask all points and considered judgment to be in the party preparing movement. Motion in limine may be recorded as a way to try to exclude certain evidence from the criminal trial. There are also proposals that can be submitted after the person has been convicted of a crime, such as moving aside the ruling of the jury. Since these recommendations can play a key role in the outcome of your case, it is important to work with an attorney to ensure appropriate proposals are prepared and submitted.

Domestic Violence Cases

A criminal law attorney can also help you while domestic violence case. If you have been a victim of domestic violence, a lawyer can represent you in court, to ensure that protective orders are issued and followed, and work to prevent further abuse from occurring. If you have been falsely accused of domestic violence, criminal law attorney can represent you in court and work to prove you innocent of the charges you are facing.


Sarbanes-Oxley: A Thumbnail Preview


Much controversy provider of Sarbanes-Oxley Act (the “Act”) 2002 enacted into law by then-President George W. Bush July 30, 2002, had the law been heralded as a giant step toward reform ills immodestly behavior problems major companies after the collapse of Enron, WorldCom and Tyco. Ten years later, the law has become one of the most controversial issues in MBA school and now, in the current presidential race.

The dramatic climax of the Act was to shed light on the harmful corporate behavior in various places. It was too much activity going on behind the scenes and the Security Exchange Commission seemed to allow this issue to go unnoticed. A plethora of problems blew up and got out-of-control. President Bush’s response to public demand greater responsibility in publicly traded organizations was to clamp down on corporate responsibility, accounting and auditing. The law imposes stricter rules on how companies do business through regulations in all these areas, except for tax compliance.

CEO and CFO are now required to certify appropriate interim by having them reviewed. While this is all well and good, the reality is that what was happening was the fox was guarding the hen house and no one was watching Fox. Symbiotic relationship between corporations and their accounting firms had become too cozy. The accounting firms began to play “I’ve got your back,” to keep the business companies’, only now control more than before.

New standards created a control board to monitor auditors and determine the auditor’s independence came to the fore. New standards for audit reporting companies under the Act accompanied by condemnation encryption independent auditors from other than tax services, to provide multiple services to audit. To effectuate this was mandatory audit firm rotation applied.

Two provisions of the law require management companies to certify periodic reports filed with the SEC. The rules require the CEO and CFO’s of each reporting company to certify periodic reports filed with the SEC. The US Criminal Code was amended as each periodic report on the financial statements must be accompanied by certification of the CEO and CFO of the company.

person who files a defective certification know that the periodic report of section 906 does not comply with all the requirements can be fined up to $ 1 million, imprisonment for not more than 10 years, or both. Wilful, and in conjunction with the necessary scienter witness any statement in Section 906 certification know accompanying report does not comply with all the requirements of Section 906 will be fined not more than $ 5,000,000 in jail not more than 20 years, both. A violation of the law will also break the Exchange Act. Under Section 906 certification, if done intentionally officers be prosecuted for criminal offenses under Section 32 of the Exchange Act which provides for fines of up to $ 5,000,000 and imprisonment for up to 20 years.


Professional Company – Pros and Cons


What is a professional corporation (PC)?

A PC is a company owned and operated by one or more members of the same profession (eg doctors, lawyers, accountants, dentists). The services provided by the company are usually tied to the implementation of the profession.

Professional firms are now allowed in each province and territory of Canada. In each province / territory, professional inspection usually determines whether the members can incorporate. For example, the regulatory body for doctors, in all provinces and territories, allows doctors to incorporate.

How is it different from a public corporation?

There are some significant differences between professional companies and joint

corporation such as:

  • Only members of the same profession can be shareholders in a professional company in many (but not all) provinces.
  • officers and managers and professional companies generally need to be shareholders in the company as well.
  • The professional company is usually subject to investigative and regulatory powers of the regulatory authorities governing the profession.
  • A professional company will not protect professional from personal liability for professional negligence.

As a result of these differences, some of the benefits generally associated with the company have limited the application of professional firms. This is further described below

Benefits of Using Professional Corporation

potential savings tax

A reduced federal and provincial corporate tax rate is applied to the first $ 400,000 of professional income with a professional company. Some provinces apply a lower tax rate on income up to $ 500,000. The Provincial limits vary by province. For 2010, the combined federal and provincial taxes on income subject to the small business limit will range between approximately 11% and 19%. As a result of this lower rate, the combined company and shareholder taxes paid professional services revenue is slightly lower than if such income were earned by you directly.

Potential tax suspension

Perhaps the most important advantage of using a PC is the ability to defer taxes. Professional income through the business are taxed at two levels -. Once at the corporate level and then again at the shareholder level when profits are distributed to you as dividends

The income on the corporate level is taxed at a lower rate than personal income tax deferral opportunity exists when the income is taxed at the company (the lower rate) and is not distributed to shareholders (ie you). Suspension shall stop when dividends are paid to you and you will pay tax on the dividends.

Let’s show. If you get professional income of $ 500,000 a year as a single owner and only need $ 200,000 of income for personal expenses for taxes, you will be left with $ 300,000 will be taxed at the highest marginal rate. Assuming a marginal tax rate of 47%, you will be left with $ 159,000 to invest.

On the other hand, if you incorporate practice $ 300,000 will remain in the company and taxed at the small business rate. Assuming a corporate tax rate of 18%, a company will be left with $ 164,000 to invest.

That is $ 87,000 more.

Sole Proprietor Professional Business

Revenues $ 500,000 $ 500,000

Personal needs ($ 200,000) ($ 200,000)

remaining equity $ 300,000 $ 300,000

Taxes ($ 94,000) ($ 54,000)

Net equity $ 159,000 $ 246,000

Other funds

professional company $ 87,000

The additional funds of the corporation can be used to pay off debt, purchase of capital assets, make investments or capital guaranteed

Flexible employment

As an employee professional business, you can access certain types of remuneration that would otherwise not be available if you were the sole owner or partner in cooperation. For example, the company can establish individual Pension Plan (discussed later) or Retirement Compensation arrangements (RCA) for you. These retirement savings vehicle can also provide you potential benefits creditor-protection. An employee health and welfare trust can also be created to provide health benefits for you and your family.

Capital gains exemption

The Canadian tax rules permit up to $ 750,000 in capital gains arising from sale of shares of a qualified small business enterprises can be exempt from tax. This $ 750,000 capital gains exemption is also available for equity and professional firms, provided certain conditions are met. However, ownership of a professional company may not be as easily transferable since, in many regions, it is only to transport members of the same profession.

flexibility in remuneration

You can choose to receive a combination of salary and dividends from a professional company. The decision is based on the combined company and shareholder taxes paid in your province.

Limited commercial responsibility

A professional company generally does not protect you from personal liability for professional negligence. However shareholders professional company will have the same protection as any other company shareholders when it comes to trade creditors.

Income switch

You can split income through a corporation by paying dividends to adult family members who are shareholders in the company. This policy can be reduced to professional firms located in regions where equity is limited to members of a particular profession. However, other methods of income splitting, such as hiring family members to work in the business and pay them a reasonable salary for services rendered, are still available through a professional company.

small deduction business

As a result of the Canada Revenue Agency (CRA) decision, it is possible for professionals working through professional collaboration render its service activities through professional business and be able to access multiple Small Business Reduction (SBDs).

income up to SBD limit of $ 400,000 is subject to preferential tax rate (some provinces have more SBD). Historically SBD was to be part of all corporate partners. Get new ruling cra is employed professionals partnership should consider the benefits of setting up a professional company to take advantage of many SBDs.

Individual pension

Individual Pension Plan (IPP) is a defined benefit pension related to professional companies can set up for the professional. The IPP provides better annual contributions, the RSP limit for the 40 assets in the IPP are protected from creditors; However, it may be subject to lock-in provisions for pensions. If you want more information on IPPs, please contact your advisor.

cons Professional Corporation

cost and complexity

costs for establishing and maintaining a PC are usually higher than private companies. It is also a professional company incurred additional costs to file corporate tax returns, preparing T4 slips for wages and T5 slips for dividends. A corporation is also subject to greater regulation and compliance than sole proprietorship or partnership.

employer health taxes and EI premiums

Corporations in several provinces pay provincial health tax levy once the laws of the payroll has been a certain limit. Fortunately, the basic amount that you are not taxed on is pretty high (for example, $ 400,000 in Ontario) so the impact of this tax on professional companies may not be significant.

Business loss

You can not claim business losses caused by computer on a personal tax return; As a private company, you can use the business losses against personal income from other sources.

Responsibility for malpractice

As noted above, a professional company will not protect you from personal liability for professional negligence.

Who should use a professional company?

A PC can provide potential savings tax and the tax deferral benefits. This may appeal to you if you do not need all of your income to live on. Professional companies can also appeal to you if you want to save for your retirement by other means, such as pension or retirement compensation arrangement, or if you would like to limit personal exposure to commercial risk.

Before incorporation, you should consider cash-activation strategy, which converts all non-deductible personal liability in the tax-deductible corporate debt. Find out more

If you have any questions about any of the issues discussed in this article, please talk to your advisor.


5 simple steps to write your copyright


Whether you sign actually entitled to your work with the Copyright Office, you can still use a copyright notice on your work. You have every right and legal claim to work the moment you put words on paper. It helps to register, but you still own the copyright and you have every right to use a copyright notice on projects.

The copyright simply informs readers that, yes, the work is protected by copyright. You can get as specific as you want with this copyright. Here are the key features of the copyright notice.

1. Copyright – word or copyright symbol © works well to inform people clearly that there is copyright. Many people use both symbols and words in order to ensure that everyone understands the meaning.

2. Name – Your name is another important part of the copyright notice. You should describe the copyright belongs. If it belongs to your company, and not to you, then you should put the company name.

3. Date – It helps to at least put a year when copyright was created. This helps to establish when the document was created, and will help others to figure out who wrote the document first if there is any dispute.

4. Rights Reserved – Statement “All Rights Reserved” used to be the copyright notice because certain countries around the world needs it. It is still often used by notices of copyright, even if it is no longer needed.

5. Information -. If you provide partial reprint rights if your name and links in tact or if you do not give anyone permission to use the material, it helps to describe the copyright notice your

Examples of copyright

Copyright © 2000 John Smith All Rights Reserved. Not part of this document may be reproduced without written consent from the author.

This should be all you need to write a copyright notice for any document. This works for any type of project, document, website, musical or anything else that you create.




If you are a writer or creator of any work, it is important that you know the copyright laws. In recent years, copyright laws have been getting a lot of attention. With the increased amount of attention paid to the copyright, are a violation of copyright will be a serious violation of law. If you are looking to get more information about copyright, this article can help. Throughout the article, we will discuss what copyright is, as well as some other things you should know about copyright laws.

For those who are unaware, let’s start our discussion by defining copyright. Copyright is a law that gives the author (of the original work) to exclusive publication, production and sales of their works. This law prevents people from using materials that have been created by others. It is applied to a wide variety of tasks including, but not limited to literary, dramatic work, musical composition, and art. Anyone who violates copyright law and publish, reproduce, sell, or display the work of others as their own, are subject to large legal penalties

So, now we know what copyright, let’s. talk about some important things you should know about the law. The first thing we’ll talk about the copyright symbol. Many unique pieces are marked with © to let people know they are protected by copyright law. There are, however, some works that are protected and do not have a copyright symbol attached to them. If you are unsure whether something is copyrighted or not, you are best to publish, produce, or sell it. Doing so could result in many unexpected, serious legal penalties.

One issue surrounding copyright is gaining increasing amount of attention is the copying of music and movies. Many believe that it is not illegal to reproduce the work if they are not selling it. This is a huge myth copyright. Whether you sell recreate the piece, or give it away, you are breaking the law. It is also important to know that you can not build your own stories of a work without permission. For example, you can not use Batman in your own story without permission from the creators of Batman.

So, copyright protects the work from being published, but it is always when you can use another’s work? Yes! You can use other’s work if you have to get their permission to do so. You can also use a small sub-one work as long as you give them credit for it. For example, if you are writing an article or essay and want to use information from other sources, you can do so by citing a source and give them credit for the information.

The copyright laws are very serious and can have sanctions, ranging anywhere from $ 500 – $ 150,000 depending on the severity and harm caused by the offense. To be sure you are never accused of copyrighting break, try to avoid using the work of others altogether. If you must use a small subset of their work, make sure to quote it and give them credit for the information. When it comes to copyright, it is better to be safe then sorry. Never publish, reproduce, sell or give away the work of another without permission of the creator.